Bill Text: NY S04833 | 2017-2018 | General Assembly | Amended

New York Senate Bill 4833 (Prior Session Legislation)

Bill Title: Clarifies the definition of "prospective relative guardian" for purposes of subsidized kinship guardianship assistance.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2017-10-23 - SIGNED CHAP.384 [S04833 Detail]

Download: New_York-2017-S04833-Amended.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                         4833--A
            Cal. No. 1550
                               2017-2018 Regular Sessions
                    IN SENATE
                                      March 2, 2017
                                       ___________
        Introduced by Sens. AVELLA, SAVINO -- (at request of the Office of Court
          Administration) -- read twice and ordered printed, and when printed to
          be  committed  to  the  Committee  on  Social  Services  --  committee
          discharged and said bill  committed  to  the  Committee  on  Rules  --
          ordered  to  a third reading, amended and ordered reprinted, retaining
          its place in the order of third reading
        AN ACT to amend the social services law, in relation to  eligibility  of
          children  for  subsidized  kinship guardianship assistance to expedite
          permanency for foster children before the family court
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivision 3 of section 458-a of the social services law,
     2  as added by section 4 of part F of chapter 58 of the laws  of  2010,  is
     3  amended to read as follows:
     4    3.  "Prospective  relative  guardian" shall mean a person [or persons]
     5  who [is related to the child through blood, marriage, or  adoption  who]
     6  has  been  caring  for the child as a fully certified or approved foster
     7  parent for at least six consecutive months prior to applying for kinship
     8  guardianship assistance payments and who:
     9    (a) is related to the child through blood, marriage, or adoption; or
    10    (b) is related to a half-sibling of the child through blood,  marriage
    11  or adoption and where such person or persons is or are also the prospec-
    12  tive  or  appointed relative guardian or guardians of such half-sibling;
    13  or
    14    (c) is an adult with a positive relationship with the  child,  includ-
    15  ing,  but  not  limited to, a step-parent, godparent, neighbor or family
    16  friend.
    17    § 2. Paragraph (a) of subdivision 7 of section  458-b  of  the  social
    18  services  law, as added by section 4 of part F of chapter 58 of the laws
    19  of 2010, is amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10178-03-7

        S. 4833--A                          2
     1    (a) Kinship guardianship assistance payments  shall  be  made  to  the
     2  relative  guardian  or  guardians  until the child's eighteenth birthday
     3  or[, if the child had attained sixteen years of age before the agreement
     4  became effective,] until the  child  attains  twenty-one  years  of  age
     5  provided  the child consented upon attaining the age of eighteen and is:
     6  (i) completing secondary education or a program leading to an equivalent
     7  credential; (ii) enrolled in an institution which  provides  post-secon-
     8  dary  or  vocational education; (iii) employed for at least eighty hours
     9  per month; (iv) participating in  a  program  or  activity  designed  to
    10  promote,  or  remove barriers to, employment; or (v) incapable of any of
    11  such activities due  to  a  medical  condition,  which  incapability  is
    12  supported  by  regularly  updated  information  in  the case plan of the
    13  child.
    14    § 3. This act shall take effect immediately; provided however that:
    15    (a) the state title IV-E agency shall  submit  to  the  United  States
    16  Department  of  Health  and Human Services, Administration for Children,
    17  Youth and Families, an amendment to the  state  title  IV-E  state  plan
    18  regarding the provisions of this act;
    19    (b)  notwithstanding  any  other  provision of law, this act shall not
    20  take effect until sixty days following the date that the  United  States
    21  Department  of  Health  and Human Services, Administration for Children,
    22  Youth and Families approves a title IV-E state plan amendment  regarding
    23  the  provisions  of this act that are eligible for title IV-E reimburse-
    24  ment;
    25    (c) the office of children and family services shall notify the legis-
    26  lative bill drafting commission upon the occurrence of the  approval  of
    27  the  amended  plan  pursuant to subdivision (b) of this section in order
    28  that the commission may maintain an accurate and timely  effective  data
    29  base of the official text of the laws of the state of New York in furth-
    30  erance  of  effectuating the provisions of section 44 of the legislative
    31  law and section 70-b of the public officers law; and
    32    (d) the addition, amendment or repeal of any rule or regulation neces-
    33  sary for the  implementation  of  the  kinship  guardianship  assistance
    34  program as authorized under this act on its effective date is authorized
    35  to be made and completed on or before such effective date.