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petition is voluntarily withdrawn or the petition is dismissed on the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.