2006 New York Code - Expedited Process.



 
    §  439-a.  Expedited process. (a) When used in this section, expedited
  process means a process in effect in the family court which reduces  the
  processing  time  of support order establishment and enforcement efforts
  from the date of successful service of process on the respondent to  the
  date  on which a support obligation or enforcement order is entered, the
  petition is voluntarily withdrawn or the petition is  dismissed  on  the
  merits or for lack of jurisdiction of the respondent, by the referral of
  proceedings  to  hearing examiners appointed and qualified under section
  four hundred thirty-nine of this article and exercising the  powers  set
  forth in such section.
    (b)  The  chief  administrator  shall  assign  a  sufficient number of
  support magistrates to ensure that such expedited process shall  conform
  to  the  requirements  of  such  case processing as set forth in federal
  statutes and regulations promulgated by the federal secretary of  health
  and human services.
    (c)  The  use  of  an  expedited  process shall be required (i) in any
  county which has a population of four hundred thousand or more or  which
  is wholly within a city and (ii) in any county which has a population of
  less  than  four  hundred  thousand and for which the state has not been
  granted an exemption from the  federal  expedited  process  required  by
  federal  statutes and regulations of the federal secretary of health and
  human services.
    (d) The chief administrator of the courts may  request  of  the  state
  commissioner  of  social  services  that  an  exemption  from  use of an
  expedited process as required by this section and section  four  hundred
  thirty-nine  of  this  article in counties which are not wholly within a
  city and which have a population of less than four hundred  thousand  be
  applied  for  from  the  federal  secretary of health and human services
  pursuant to federal statutes and regulations providing for waivers  from
  the  federal  expedited process requirements. The chief administrator of
  the courts shall, upon making such a request, provide  such  information
  in  the  possession of the office of court administration which supports
  an exemption from use of an expedited process to the state  commissioner
  of  social  services.  Upon  receipt  of  such  a request from the chief
  administrator of the courts, the state commissioner of  social  services
  with the approval of the local commissioner of social services may apply
  to the federal secretary of health and human services for exemption from
  use  of an expedited process. If application for such exemption is made,
  the state commissioner of social services shall, promptly upon receiving
  notification from the federal department of health and  human  services,
  inform the chief administrator of the courts and the local commissioners
  of social services of the granting or denial of any such application.

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