Amendment, subsequent to this Court's noting probable
jurisdiction of appeal from judgment of three-judge District Court,
of § 402(a) of Social Security Act resolves question below of
conflict between § 402(a) and provision of New York Social Services
Law requiring the recipient, as a condition of eligibility for
benefits under the Aid to Families with Dependent Children program,
to cooperate to compel the absent parent to contribute to child's
support.
365 F.
Supp. 818, affirmed.
Page 420 U. S. 731
PER CURIAM.
After our previous remand, 409 U.S. 1052 (1972), the three-judge
District Court held that amended New York Social Services Law §
101-a "engraft[ed] . . . a condition on to the Congressionally
prescribed initial AFDC eligibility requirements or on to the
grounds for discontinuance of benefits."
365 F.
Supp. 818, 821 (1973). That condition, the court held, rendered
the amended section invalid because in conflict with the Social
Security Act, § 402(a), 42 U.S.C. § 602(a), insofar as it required
recipient cooperation in a paternity or support action against an
absent parent as a condition of eligibility for benefits under the
program for Aid to Families with Dependent Children. On June 17,
1974, we noted probable jurisdiction of the appeals of the State
and County Commissioners of Social Service, 417 U.S. 943. Since
that time, however, on January 4, 1975, Pub.L. 93-47, 88 Stat.
2359, amended § 402(a) of the Social Security Act expressly to
resolve the conflict as to eligibility found by the three-judge
District Court to exist between the federal and state laws. Amended
§ 402(a), like New York's amended § 101-a, requires the recipient
to cooperate to compel the absent parent to contribute to the
support of the child.
Section 402(a), as amended, in pertinent part provides:**
Page 420 U. S. 732
"A State plan for aid and services to needy families with
children must"
"
* * * *"
"(26) provide that, as a condition of eligibility for aid, each
applicant or recipient will be required --"
"
* * * *"
"(B) to cooperate with the State (i) in establishing the
paternity of a child born out of wedlock with respect to whom aid
is claimed, and (ii) in obtaining support payments for such
applicant and for a child with respect to whom such aid is claimed,
or in obtaining any other payments or property due such applicant
or such child and that, if the relative with whom a child is living
is found to be ineligible because of failure to comply with the
requirements of subparagraphs (A) and (B) of this paragraph, any
aid for which such child is eligible will be provided in the form
of protective payments as described in section 406(b)(2) (without
regard to subparagraphs (A) through (E) of such section). . .
."
We affirm the judgment of the three-judge court.
Townsend v.
Swank, 404 U. S. 282
(1971);
Carleson v. Remillard, 406 U.
S. 598 (1972). In light of the resolution
Page 420 U. S. 733
of the conflict by Pub.L. 93-647, we have no occasion to prepare
an extended opinion.
Affirmed.
THE CHIEF JUSTICE, MR. JUSTICE POWELL, and MR. JUSTICE REHNQUIST
dissent.
* Together with No. 73-1095,
Lavine, Commissioner,
Department of Social Services of New York v. Shirley, et al.,
also on appeal to the same court.
** Pub.L. 93-647 provides that § 402(a), as amended, shall
become effective on July 1, 1975. However, President Ford announced
when he signed the law that he would propose changes to several
sections, including the child support provisions, during the early
months of the 94th Congress, stating:
"The second element of this bill involves the collection of
child support payments from absent parents. I strongly agree with
the objectives of this legislation."
"In pursuit of this objective, however, certain provisions of
this legislation go too far by injecting the Federal Government
into domestic relations. Specifically, provisions for use of the
Federal courts, the tax collection procedures of the Internal
Revenue Service, and excessive audit requirements are an
undesirable and unnecessary intrusion of the Federal Government
into domestic relations. They are also an undesirable addition to
the workload of the Federal courts, the IRS and the Department of
Health, Education, and Welfare Audit Agency. Further, the
establishment of a parent locator service in the Department of
Health, Education, and Welfare with access to all Federal records
raises serious privacy and administrative issues. I believe that
these defects should be corrected in the next Congress, and I will
propose legislation to do so."
11 Weekly Compilation of Presidential Documents, No. 2, Jan. 13,
1975, p. 20.