Bill Text: NY A04331 | 2019-2020 | General Assembly | Introduced


Bill Title: Authorizes the social services department to terminate the subsidies that may be provided to a parent who adopts a disabled or hard to place child under certain circumstances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-01-08 - referred to children and families [A04331 Detail]

Download: New_York-2019-A04331-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4331
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        Introduced by M. of A. HEVESI -- read once and referred to the Committee
          on Children and Families
        AN  ACT  to  amend  the social services law, in relation to the adoption
          subsidies provided for disabled or hard to place children
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (c) of subdivision 1 of section 453 of the social
     2  services  law,  as amended by chapter 83 of the laws of 1995, is amended
     3  and four new paragraphs  (c-2), (c-3), (c-4) and (c-5) are added to read
     4  as follows:
     5    (c) No payments may be made pursuant to this subdivision if the social
     6  services official determines that the adoptive  parents  are  no  longer
     7  legally  responsible  for  the  support  of the child or the child is no
     8  longer receiving any support from such parents.  For  purposes  of  this
     9  section:
    10    (i) "any support" shall be limited to support that is directly for the
    11  benefit  of  the adopted child that meets the food, clothing, education,
    12  medical and shelter needs of the adopted child and that has an identifi-
    13  able value;
    14    (ii) "no longer legally responsible for  the  support  of  the  child"
    15  means  (A)  the  child has become legally emancipated, married or joined
    16  the military; or (B) a court has ruled that the adoptive  parent  is  no
    17  longer legally responsible for the support of the child.
    18    (c-1)  The  social  services  official on [a biennial] an annual basis
    19  shall:
    20    (i) require adoptive parents to certify that they are fulfilling their
    21  obligations pursuant to any adoption subsidy agreement entered  into  in
    22  accordance  with  this  section,  including  their obligation to provide
    23  support for the child;
    24    (ii) remind the adoptive parents of [their obligation]  the  following
    25  obligations,  which shall also be included in any agreement entered into
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01073-01-9

        A. 4331                             2
     1  with an adoptive parent concerning payments made for the care and  main-
     2  tenance of the child pursuant to this section:
     3    (A) to support the child [and];
     4    (B) to notify the social services official if the adoptive parents are
     5  no  longer  providing  any support of the child or are no longer legally
     6  responsible for the support of the child[.]; and
     7    (C) to notify the social services official if: (I) another person  has
     8  been granted physical custody of the child; (II) another person has been
     9  appointed  guardian  for the child; or (III) the child no longer resides
    10  with the adoptive parent.
    11    (c-2) If the adoptive parent fails to respond  to  an  annual  certif-
    12  ication  notice  within  thirty days of the receipt of the certification
    13  notice from the social services official, the social  services  official
    14  may:
    15    (i)(A)  contact the adoptive parent by letter, telephone or electronic
    16  means; or (B) if other means of contact have not been successful,  visit
    17  the home of the adoptive parent; and
    18    (ii)  require the adoptive parent, as a condition for the continuation
    19  of the subsidy payments, to produce evidence  of  the  support  that  is
    20  being provided on behalf of the adopted child.
    21    (c-3)  (i)  If  the  social services official receives from any person
    22  information that provides reasonable cause to suspect that the  adoptive
    23  parent  is  no  longer  providing  any  support to the child, the social
    24  services official shall review whether the adoptive parents are  legally
    25  responsible  for  the  support  of  the  child  and whether the child is
    26  receiving any support from the adoptive parents.  Circumstances in which
    27  the social services official  shall  conduct  this  review  include  the
    28  following:
    29    (A) the child has been placed in foster care;
    30    (B) a person alleges to the social services official that:
    31    (I)  a  person  other  than the adoptive parent has been granted legal
    32  custody of the child;
    33    (II) another person has been appointed guardian for the child, or
    34    (III) the child is found to no longer reside with the adoptive parent.
    35    (ii) In conducting the review described in this paragraph, the  social
    36  services official may:
    37    (A)  contact  the adoptive parent by letter, telephone, electronic, or
    38  other means;
    39    (B) visit the home of the adoptive parent; and
    40    (C) require the adoptive parent, as a condition for  the  continuation
    41  of  the  subsidy  payments,  to  produce evidence of the support that is
    42  being provided on behalf of the adopted child.
    43    (iii) If the child is not in foster care and the social services offi-
    44  cial determines that the adoptive parents are no longer legally  respon-
    45  sible  for  the  support  of  the  child  or that the child is no longer
    46  receiving any support from the adoptive  parents,  the  social  services
    47  official shall terminate the assistance provided to the adoptive parents
    48  pursuant  to  this section.   The adoptive parents may appeal the termi-
    49  nation of assistance to the department in accordance with section  twen-
    50  ty-two of this chapter.
    51    (iv)  If  the child is in foster care and the social services official
    52  determines that the child is no longer receiving any  support  from  the
    53  adoptive  parents,  the social services official may reduce, suspend, or
    54  terminate the assistance provided to the adoptive  parents  pursuant  to
    55  this section. The adoptive parents may appeal the termination of assist-
    56  ance  to  the  department  in accordance with section twenty-two of this

        A. 4331                             3
     1  chapter. If assistance is reduced, suspended or terminated  pursuant  to
     2  this paragraph and the child is returned from foster care to the care of
     3  the  adoptive parents, the social services official shall resume assist-
     4  ance effective from the date when the child was returned to the adoptive
     5  parent's care.
     6    (c-4)  If the social services official terminates the adoption assist-
     7  ance provided to adoptive parents pursuant  to  paragraph  (c-three)  of
     8  this  subdivision and the child resides with another person who has been
     9  granted physical custody or appointed as  guardian  of  the  child,  the
    10  social  services  official  shall enter into a written agreement to make
    11  adoption assistance payments to the custodian or guardian. Such payments
    12  shall be made retroactive from the  termination  of  assistance  to  the
    13  adoptive parents pursuant to paragraph (c-three) of this subdivision and
    14  shall  be  made  until the child's twenty-first birthday. A custodian or
    15  guardian who receives adoption  assistance  payments  pursuant  to  this
    16  paragraph  shall be subject to the same requirements that apply to adop-
    17  tive parents under this section.
    18    (c-5) If the social services official terminates the adoption  assist-
    19  ance  provided  to  adoptive  parents pursuant to paragraph (c-three) of
    20  this subdivision after the eighteenth birthday and  before  the  twenty-
    21  first  birthday of the adopted child, and no person other than the adop-
    22  tive parents has legal custody or guardianship of the child, the  social
    23  services official shall make payments to the child:
    24    (i) through direct payments to the child, if the social services offi-
    25  cial determines the child demonstrates the ability to manage such direct
    26  payments; or
    27    (ii)  to a representative payee certified by the social services offi-
    28  cial in accordance with paragraph (g) of this subdivision.
    29    § 2. Clause (B) of subparagraph (iii) of paragraph (g) of  subdivision
    30  1  of section 453 of the social services law, as added by chapter 518 of
    31  the laws of 2006, is amended to read as follows:
    32    (B) If the twenty-first birthday of the child  occurs  while  awaiting
    33  the certification of a representative payee, the child shall be entitled
    34  to retroactive direct payment of subsidy payments since the death of the
    35  adoptive parent or parents or the termination of assistance to the adop-
    36  tive  parent or parents pursuant to paragraph (c-three) of this subdivi-
    37  sion after the eighteenth birthday of the child.
    38    § 3. Subdivision 2 of section 453  of  the  social  services  law,  as
    39  amended  by  chapter  83  of  the  laws  of  1995, is amended to read as
    40  follows:
    41    2. [The] Any agreement provided for in subdivision one of this section
    42  shall be subject to the approval of the department upon the  application
    43  of  the  social services official; provided, however, that in accordance
    44  with the regulations of the department, the department may authorize the
    45  social services official to  approve  or  disapprove  the  agreement  on
    46  behalf  of  the department. In either situation, if the agreement is not
    47  approved or disapproved by the social services  official  within  thirty
    48  days  of  submission,  the  voluntary  authorized  agency may submit the
    49  agreement directly to the department for approval or disapproval. If the
    50  agreement is not disapproved in writing by the department within  thirty
    51  days  after  its  submission  to  the  department,  it  shall  be deemed
    52  approved. Any such disapproval shall be accompanied by a written  state-
    53  ment of the reasons therefor.
    54    § 4. This act shall take effect immediately.
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