(a) All child support services under this Part and Part 346 of this Title must be made available to any individual not otherwise eligible upon receipt of either (1) a signed application on a form prescribed by the office and filed by such individual with a child support enforcement unit or support collection unit, or (2) an application made to a court, as set forth in section 346.2 of this Title and to individuals who become ineligible for public assistance and care or whose children are ineligible for foster care. Services are available only for the purposes of locating parents, establishing parentage and/or establishing, modifying or enforcing child support. Such services cannot be provided in the absence of an application, as set forth in this subdivision. Application for legal services, for which costs are recovered as indicated in subdivision (d) of this section, is optional. Application forms for child support services must be:

1. (1) readily accessible to the public;
2. (2) provided to an individual on the day the individual makes a request in person, or sent to an individual no later than five working days after a written or telephone request. The support collection unit must ensure all such application forms are accompanied by information describing available services, the individual's rights and responsibilities, fees, cost recovery and distribution policies as provided in section 346.2(d) of this Title; and
3. (3) accepted as filed on the day received.

(b) Fees and cost recovery for child support services are as follows:

1. (1) The application fee for child support services for individuals applying pursuant to section 346.2 of this Title shall be $1, which shall be paid by the office.

2. (2) An annual service fee of $35 shall be imposed for any individual receiving child support services who has never received assistance pursuant to title IV-A of the Federal Social Security Act if at least $550 of support has been collected in the Federal fiscal year on the individual's child support case. Where a custodial parent has children with different noncustodial parents. the order of support payable by each noncustodial parent shall be a separate child support case for the purpose of imposing an annual service fee. The annual service fee shall be deducted from child support payments received on behalf of the individual receiving child support services pursuant to section 347.13 of this Part. In international cases under section 111-g(3)(b) of the Social Services Law which meet the criteria for imposition of the fee under this paragraph. the annual service fee shall be imposed but may not be collected from the country requesting services or from an individual living in another country unless permitted by Federal law or regulation.

   1. (i) For legal services in subdivision (d) of this section, execution of a "right to recovery agreement for legal services" shall be required and the social services district shall recover either standardized costs for attorneys provided by the social services district or actual costs of such services if legal services are provided by contract attorneys.
   2. (ii) If the applicant for legal services is the support obligee, the applicant shall assign to the social services district 25 percent of the current support obligation pursuant to the order of support. If there is no current support obligation pursuant to the order of support, the applicant shall assign an amount equal to 25 percent of the former current support obligation. If there never was a current support obligation pursuant to the order of support, the applicant shall assign an amount equal to 25 percent of the additional amount determined pursuant to section 347.9(e) of this Part. The assigned amount for legal services shall be satisfied by collections received by the support collection unit on behalf of the child(ren) pursuant to section 347.13 of this Part until the total assigned costs for those legal services provided are reimbursed.
   3. (iii) If the applicant for legal services is the support obligor, the applicant shall pay an additional amount equal to 25 percent of the current support obligation pursuant to the order of support. If there is no current support obligation pursuant to the order of support, the applicant shall pay an additional amount equal to 25 percent of the former current support obligation. If there never was a current support obligation pursuant to the order of support, the applicant shall pay an additional amount equal to 25 percent of the additional amount determined pursuant to section 347.9(e) of this Part. The amount to be paid for legal services shall be paid separately to the support collection unit until the total costs for those legal services provided are reimbursed.

   (3)

3. (4) The attorney for the social services district may seek recovery from the noncustodial parent of the assigned cost of legal services, counsel fees, and expenses when authorized by law. Sums recovered for the cost of legal services shall be credited against the amounts due pursuant to the "right to recovery agreement for legal services."

(c) The child support services available upon application or pursuant to subdivision (f) of this section without a "right to recovery agreement for legal services" are:

1. (1) assistance in the location of noncustodial parents, alleged parents and intended parents, including the processing of the name of the noncustodial parents, alleged parents and intended parents, through the State Parent Locator Service and Federal Parent Locator Service in accordance with section 347.7 of this Part;
2. (2) assistance in establishing parentage and establishing and modifying child support obligations including the preparation and filing of parentage, support and modification petitions as required in accordance with sections 347.6 and 347.8 of this Part;
3. (3) collection, distribution, and disbursement of child support payments m accordance with Federal and State law and section 347.13 of this Part;
4. (4) enforcement of support obligations, through the use of all available administrative enforcement remedies, as provided in Parts 346 and 347 of this Title, and if necessary, judicial enforcement remedies, consistent with the provisions of section 347.9 of this Part; and

5. (5) the review and cost of living adjustment of orders of support.

   (d)

6. (1) A "right to recovery agreement for legal services" signed by the applicant shall be required where legal services are requested.

   1. (i) The attorney for the social services district may appear in any court proceeding brought by or on behalf of an applicant for legal services. The attorney appearing on behalf of the social services district shall represent the interests of the social services district and not the interests of any other party. The interests of the social services district shall include, but not be limited to: establishing parentage; establishing and modifying orders of support in accordance with the Child Support Standards Act; and enforcing orders of support.
   2. (ii) The appearance by the attorney for the social services district in any action or the provision of services pursuant to title 6-A of the Social Services Law or section 580-307 of the Family Court Act does not create an attorney-client relationship between the social services district or its attorneys, and any party. The social services district shall inform any applicant for child support services in writing that providing such services, including legal services provided by an attorney, does not create an attorney-client relationship with the applicant.

   (2)

7. (3) The social services district shall make legal services available upon request and shall have sufficient attorneys to provide these services provided, however, that nothing herein shall require the social services district to provide services it determines to be without substantial merit or contrary to law.

(f) Whenever an individual under this Title becomes ineligible for public assistance and care or the individual’s child is ineligible for foster care, the support collection unit shall:

1. (1) provide written notice to the individual, within five business days of the support collection unit’s receipt of notification from the social services district that the individual is ineligible for public assistance and care or the individual’s child is ineligible for foster care, that child support services will be continued unless the support collection unit receives a request by the individual to discontinue child support services. The notice must inform the individual of the consequences of continuing to receive child support services, including services that are available, and the related fee and cost recovery policies pursuant to this section, and distribution policies pursuant to section 347.13 of this Part; and
2. (2) continue to provide all appropriate child support services unless the individual requests that child support services be discontinued. Such services shall be provided in accordance with subdivision (c) of this section. However, the social services district may not require an application for child support services unless such services were discontinued at the individual’s request in response to receiving the notice provided pursuant to paragraph (1) of this subdivision and the individual subsequently has requested child support services.