Agenda - 10-06-1997 - 10c - Laserfiche WebLink

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36 SUBPART B: STATUTORY TECINICAL AND CONFORMING CHANGES - RELATING TO ENACTMENT OF THE WORK FIRST PROGRAM. Section 12.22. G.S. 1-110(a) reads as rewritten: "(a) Subject to the provisions of subsection (b) of this section with respect to prison inmates, any superior or district court judge or clerk of the superior court may authorize a person. to sue as an indigent in their respective courts when the person makes affidavit that he or she is unable to advance the required court costs. The clerk of superior court shall authorize a person to sue as an indigent if the person makes the required affidavit and meets one or more of the following criteria: �1� Receives food stamps. 2 Receives Work First Family Assistance. (3) Receives Supplemental Security Income (SSI). 4 Is represented by a legal services organization that has as its primary purpose the furnishing of legal services to indigent ersons. (5) represented by private counsel working on the behalf of or under the auspices of a legal services organization under subdivision (4) of this section. (6) Is seeking to. obtain a domestic violence protective order pursuant to G.S. 50B-2 A superior or district court judge or clerk of superior court may authorize a person who does not meet one or more of these criteria to sue as an indigent if the person is unable to advance the required court costs. The court to which the summons is returnable may dismiss the case and charge the court costs to the person suing as an indigent if the allegations contained in the affidavit are determined to be untrue or if the court is satisfied that the action is frivolous or malicious." - - - Section 12.23. G.S. 15-155.1 reads as rewritten: § 15-155.1. Reports to district attorneys of aid to dependent chikhen Work First Family Assistance and Megitimete out-of-wedlock births. The Department of Human Resources, by and through the Secretary of Human Resources, shall promptly-after June 14, 195% make a report_to=each-district. attorney, setting out the names and addresses of all mothers who reside in his prosecutorial district as defined in G.S. 7A-60 and are recipients of assistance under the provisions of Part 2, Article 2, Chapter 108A of the General Statutes. Such report shall in some manner show the identity of the unwed mothers and shall set forth the number of children born to each said mother. Such a report shall also be made monthly thereafter setting out the names and addresses of all such- mothers who reside in the district and who may have become recipients of aid to assistance under the provisions of Part 2. Article 2. Chante,_ r 108A of the General Statutes since the date of the last report." Section 12.24. G.S. 15-155.2(a)-reads as rewritten: "(a) Upon receipt of such reports as are provided for in G.S. 15-155.1, the district attorney of superior court may make an investigation to determine whether the- mother of an iMegitimefe-out-of-wedlock- child or who is a recipient of aid to a , Work First Family Assistance, has abandoned, is willfully neglecting or is refusing to support and maintain the child within the meaning of G.S. 14-326 or 49-2 or is diverting any part of the finds received as aid-te Work First Family_ Assistance to any purpose other than for the support and maintenance of fteh dependent I child in violation of G.S. 108-76.1. In making this investigation the district attorney is authorized to call upon: Page 280 Senate Bill 352