senate Bill S247

Vetoed Amended

Relates to the provision of information on post-adoption services to adoptive parents

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO CHILDREN AND FAMILIES
  • 07 / Jun / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 07 / Jun / 2011
    • AMEND AND RECOMMIT TO FINANCE
  • 07 / Jun / 2011
    • PRINT NUMBER 247A
  • 21 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1444
  • 21 / Jun / 2011
    • PASSED SENATE
  • 21 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2011
    • REFERRED TO WAYS AND MEANS
  • 22 / Jun / 2011
    • SUBSTITUTED FOR A1167
  • 22 / Jun / 2011
    • ORDERED TO THIRD READING CAL.305
  • 22 / Jun / 2011
    • PASSED ASSEMBLY
  • 22 / Jun / 2011
    • RETURNED TO SENATE
  • 05 / Aug / 2011
    • DELIVERED TO GOVERNOR
  • 17 / Aug / 2011
    • VETOED MEMO.40

Summary

Relates to the provision of information on post-adoption services to adoptive parents.

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Bill Details

Versions:
S247
S247A
Legislative Cycle:
2011-2012
Law Section:
Social Services Law
Laws Affected:
Add §372-h, Soc Serv L; amd §§112 & 115, Dom Rel L
Versions Introduced in 2009-2010 Legislative Cycle:
S8132A

Votes

6
0
6
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Children and Families committee vote details

Sponsor Memo

BILL NUMBER:S247

TITLE OF BILL:
An act
to amend the social services law and the domestic relations law, in
relation to the provision of information on post-adoption services to
adoptive parents

GENERAL IDEA OF BILL:
The purpose of this bill is to notify adoptive parents of available
local and regional post adoption services.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill would require social services districts to
create and keep current a resource guide of available post-adoption
services to be given to the family court. The family court would then
be required to provide this resource guide to adoptive parents during
or prior to the final adoption proceedings.

Section 2 of the bill adds a new subdivision 9 to Section 112 of the
Domestic Relation Law requiring that the presiding judge or surrogate
ensures that the adoptive parent receives the post adoptive resource
guide.

Section 3 of the bill adds a new subdivision 14 of Section 115 of the
domestic relation law requiring that the presiding judge or surrogate
ensures that the adoptive parent receives the post adoption resource
guide.

Section 4 of the bill states enactment 90 days after this bill becomes
law.

JUSTIFICATION:
Post adoption services have gained recognition for the successful
outcomes they can have in ensuring adoptions last. It is important
that families adopting children from foster care or private adoption
agencies receive information on available post-adoption services.
Services such as respite, family counseling and mental health
treatment help maintain permanency for families who face challenges
after an adoption. Often, challenges among adoptive families may not
emerge until sometime after the adoption is completed, when the
family no longer interacts with the local social services districts
or Family Court. It is therefore essential that parents receive
information on available services prior to the conclusion of the
adoption proceedings. Such information would increase access to
essential services and help to prevent disruption in adoptive families.

PRIOR LEGISLATIVE HISTORY:
2010: S.8132-A -- Passed Senate

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.

EFFECTIVE DATE:
90 days following the enactment.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   247

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Children and Families

AN ACT to amend the social services law and the domestic relations  law,
  in  relation to the provision of information on post-adoption services
  to adoptive parents

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The social services law is amended by adding a new section
372-h to read as follows:
  S 372-H. POST-ADOPTION SERVICES. 1. EACH LOCAL SERVICES DISTRICT SHALL
CREATE AND KEEP CURRENT A RESOURCE GUIDE DESCRIBING AVAILABLE LOCAL, AND
TO THE EXTENT PRACTICABLE, REGIONAL POST-ADOPTION SERVICES.
  2. SUCH RESOURCE GUIDE SHALL INCLUDE:
  (A) A LIST OF SERVICES THE DISTRICT  DEEMS  APPROPRIATE  IN  ORDER  TO
FOSTER AND MAINTAIN PERMANENCY OF CHILDREN FOLLOWING ADOPTION INCLUDING,
BUT NOT LIMITED TO:
  (I) RESPITE SERVICES FOR FAMILIES FOLLOWING ADOPTION;
  (II)  COUNSELING  AND  MENTAL  HEALTH  SERVICES FOR FAMILIES FOLLOWING
ADOPTION; AND
  (III) POST-ADOPTION SUPPORT GROUPS.
  (B) LOCATION AND CONTACT INFORMATION FOR SERVICE PROVIDERS  LISTED  IN
THE RESOURCE GUIDE, IF SUCH INFORMATION IS KNOWN.
  (C) A NOTICE PROVIDING THAT THE DISTRICT IS NOT RESPONSIBLE TO PAY FOR
COSTS  OR  SERVICES  THAT THEY WOULD NOT OTHERWISE BE REQUIRED BY LAW TO
PROVIDE OR PAY FOR.
  3. LOCAL SOCIAL SERVICES DISTRICTS SHALL MAKE  AVAILABLE  THROUGH  THE
DISTRICT'S  WEBSITE  OR  BY OTHER MEANS, THE RESOURCE GUIDE AVAILABLE TO
PRE-ADOPTIVE FAMILIES AND TO THE APPLICABLE  FAMILY  COURT,  OR  COURTS,
LOCATED  WITHIN  THE  SAME  COUNTY  OR  POLITICAL  SUBDIVISION  AS  SUCH
DISTRICT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01552-01-1

S. 247                              2

  S 2. Section 112 of the domestic relations law is amended by adding  a
new subdivision 9 to read as follows:
  9. (A) THE RULES OF THE COURT SHALL REQUIRE THAT PRIOR TO THE GRANTING
OF  THE  ORDER  OF  ADOPTION,  THE  COURT SHALL ENSURE THAT THE ADOPTIVE
PARENT OR PARENTS  HAVE  RECEIVED  A  RESOURCE  GUIDE  ON  POST-ADOPTION
SERVICES  AS  DESCRIBED  IN  SECTION  THREE HUNDRED SEVENTY-TWO-H OF THE
SOCIAL SERVICES LAW.
  (B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  FAILURE  TO
PROVIDE THE RESOURCE GUIDE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION
SHALL  NOT DELAY ANY ADOPTION PROCEEDING, PREVENT ANY COURT FROM ISSUING
AN ORDER OF ADOPTION, OR AFFECT THE VALIDITY OF ANY  ORDER  OF  ADOPTION
ISSUED BY A COURT OF COMPETENT JURISDICTION IN THIS STATE.
  S  3. Section 115 of the domestic relations law is amended by adding a
new subdivision 14 to read as follows:
  14. (A) THE RULES OF THE COURT SHALL REQUIRE THAT PRIOR TO THE  GRANT-
ING  OF  THE ORDER OF ADOPTION, THE COURT SHALL ENSURE THAT THE ADOPTIVE
PARENT OR PARENTS  HAVE  RECEIVED  A  RESOURCE  GUIDE  ON  POST-ADOPTION
SERVICES  AS  DESCRIBED  IN  SECTION  THREE HUNDRED SEVENTY-TWO-H OF THE
SOCIAL SERVICES LAW.
  (B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  FAILURE  TO
PROVIDE THE RESOURCE GUIDE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION
SHALL  NOT DELAY ANY ADOPTION PROCEEDING, PREVENT ANY COURT FROM ISSUING
AN ORDER OF ADOPTION, OR AFFECT THE VALIDITY OF ANY  ORDER  OF  ADOPTION
ISSUED BY A COURT OF COMPETENT JURISDICTION IN THIS STATE.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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