Pub. L. 100-203, tit. IX, subtit. B, pt. 1, sec. 9122
CHILD SUPPORT DEMONSTRATION PROGRAM IN NEW YORK STATE.
SEC. 9122. CHILD SUPPORT DEMONSTRATION PROGRAM IN NEW YORK STATE. (a) In General.— Upon application by the State of New York and approval by the Secretary of Health and Human Services (in this section referred to as the “Secretary”), the State of New York (in this section referred to as the "State") may conduct a demonstration program in accordance with this section for the purpose of testing a State program as an alternative to the program of Aid to Families with Dependent Children under title IV of the Social Security Act. (b) Nature of Program.— Under the demonstration program conducted under this section— (1) all custodial parents of dependent children who are eligible for supplements under the State plan approved under section 402(a) of the Social Security Act (and such other types or classes of such parents as the State may specify) may elect to receive benefits under the State's Child Support Supplement Program in lieu of supplements under such plan; and (2) the Federal Government will pay to the State with respect to families receiving benefits under the State's Child Support Supplement Program the same amounts as would have been payable with respect to such families under sections 403 and 1903 of the Social Security Act as if the families were receiving aid and medical assistance under the State plans in effect with respect to such sections. (c) Waivers.— The Secretary shall (with respect to the program under this section) waive compliance with any requirements contained in title IV of the Social Security Act which (if applied) would prevent the State from carrying out the program or effectively achieving its purpose. (d) Conditions of Approval.— As a condition of approval of the program under this section, the State shall— (1) provide assurances satisfactory to the Secretary that the State— (A) will continue to make assistance available to all eligible children in the State who are in need of financial support, and (B) will continue to operate an effective child support enforcement program; (2) agree— (A) to have the program evaluated, and (B) to report interim findings to the Secretary at such times as the Secretary shall provide; and (3) satisfy the Secretary that the program will be evaluated using a reasonable methodology that can determine whether changes in work behavior and changes in earnings are attributable to participation in the program. (e) Application Process.— In order to participate in the program under this section, the State must submit an application under this section not later than two years after the date of enactment of this Act. The Secretary shall approve or disapprove the application of the State not later than 90 days after the date of its submission. If the application is disapproved, the Secretary shall provide to the State a statement of the reasons for such disapproval, of the changes needed to obtain approval, and of the date by which the State may resubmit the application. 101 STAT. 1330–313 (f) Effective Date.— The program under this section shall commence not later than the first day of the third calendar quarter beginning on or after the date on which the application of the State is approved in accordance with subsection (e). (g) Duration of Program.— (1) Except as provided in paragraph (2), if the Secretary approves the application of the State, the demonstration program under this section shall be conducted for a period not to exceed five years. (2) (A) The Governor of the State may before the end of the period described in paragraph (1) terminate the demonstration program under this section if the Governor finds that the program is not successful in testing the State's Child Support Supplement Program as an alternative to the program under title IV of the Social Security Act. The Governor shall notify the Secretary of the decision to terminate the program not less than three months prior to the date of such termination. (B) The Secretary may terminate the program before the end of such period if the Secretary finds that the program is not in compliance with the terms of the application. The Secretary shall notify the Governor of the decision to terminate the program not less than three months prior to the date of such termination.