NY State Assembly Bill A898B

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (19)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 08, 2021	approval memo.23 signed chap.437
Sep 29, 2021	delivered to governor
Jun 09, 2021	returned to assembly passed senate 3rd reading cal.1638 substituted for s4467b
Jun 08, 2021	referred to rules delivered to senate passed assembly ordered to third reading rules cal.524 rules report cal.524 reported
Jun 04, 2021	amend and recommit to rules 898b
Jun 02, 2021	reported referred to rules
May 26, 2021	reported referred to codes
May 21, 2021	print number 898a
May 21, 2021	amend and recommit to judiciary
Jan 06, 2021	referred to judiciary

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

view additional co-sponsors

A898 - Details

See Senate Version of this Bill:: S4467
Law Section:: Domestic Relations Law
Laws Affected:: Add §240-d, Dom Rel L; add §413-b, Fam Ct Act
Versions Introduced in 2019-2020 Legislative Session:: A6658, S4256

A898 - Summary

Relates to support orders for adult dependents; provides that a person who would otherwise be chargeable under law with support of a minor child is also chargeable with the support of any such individual until such individual reaches the age of 26, when it appears to the satisfaction of the court that such person is developmentally disabled as defined in section 1.03 of the mental hygiene law.

A898 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    898
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. WOERNER, WALSH, FAHY, WILLIAMS, REYES, HUNTER,
   GUNTHER, JEAN-PIERRE, SIMON, GALEF, HYNDMAN, SOLAGES, DAVILA, BUTTENS-
   CHON, SEAWRIGHT, DICKENS,  GLICK,  McMAHON,  M. MILLER,  NIOU,  QUART,
   CUSICK,  ASHBY, BRABENEC, WALCZYK, BYRNES, SMULLEN, FRIEND, MONTESANO,
   J. M. GIGLIO, BLANKENBUSH, MANKTELOW, HAWLEY, GOODELL,  BYRNE,  DiPIE-
   TRO,   MORINELLO,  ROZIC,  LUPARDO,  DARLING,  WALKER,  HEVESI,  COOK,
   WALLACE, WEPRIN, L. ROSENTHAL, STIRPE, CRUZ -- read once and  referred
   to the Committee on Judiciary
 
 AN  ACT to amend the domestic relations law and the family court act, in
   relation to establishing a living allowance for adults  with  develop-
   mental disabilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The domestic relations law  is  amended  by  adding  a  new
 section 240-d to read as follows:
   §  240-D.  SUPPORT  ORDERS  FOR ADULT DEPENDENT CHILDREN. 1.  NOTWITH-
 STANDING ANY OTHER LAW, PARENTS OR KINSHIP CAREGIVERS OF AN ADULT  CHILD
 UNDER THE AGE OF TWENTY-SIX ARE CHARGEABLE WITH SUPPORT OF SUCH INDIVID-
 UAL PROVIDED SUCH INDIVIDUAL IS DIAGNOSED WITH A DEVELOPMENTAL DISABILI-
 TY AS DEFINED UNDER SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL
 HYGIENE LAW.
   2.  UPON  PETITION  BROUGHT  BY  THE PARENT OR KINSHIP CAREGIVER OF AN
 ADULT CHILD WITH A DISABILITY,  THE  COURT  SHALL  MAKE  ITS  AWARD  FOR
 SUPPORT FOR AN ADULT CHILD WITH A DEVELOPMENTAL DISABILITY IN ACCORDANCE
 WITH THE PROVISIONS OF SUBDIVISION ONE-B OF SECTION TWO HUNDRED FORTY OF
 THIS  ARTICLE.    IN  ADDITION TO THE PROVISIONS OF SUBDIVISION ONE-B OF
 SECTION TWO HUNDRED FORTY OF THIS ARTICLE, THE COURT MAY CONSIDER WHETH-
 ER THE FINANCIAL RESPONSIBILITY OF CARING FOR THE  INDIVIDUAL  HAS  BEEN
 UNREASONABLY  PLACED  ON  ONE  PARENT WHEN DETERMINING THE CHILD SUPPORT
 OBLIGATION. THE DURATION OF TIME THE COURT MAY USE WHEN CONSIDERING THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01275-01-1

 A. 898                              2
 
 FACTOR SHALL BE LIMITED TO THE TIME PERIOD FROM WHEN  THE  CHILD  TURNED
 TWENTY-ONE  UNTIL  THE  CHILD TURNS TWENTY-SIX. IF A CHILD SUPPORT ORDER
 ENDED AT THE AGE OF EIGHTEEN THEN SUCH TIME PERIOD SHALL  BE  FROM  WHEN
 THE CHILD TURNED EIGHTEEN UNTIL THE CHILD TURNS TWENTY-SIX.
   3.  THE  COURT  HAS  JURISDICTION  TO DETERMINE PROCEEDINGS BROUGHT BY
 PETITION AND ORDER TO SHOW CAUSE, FOR THE DETERMINATION  OF  SUPPORT  OF
 ADULT  DEPENDENT  CHILDREN,  AS  WELL  AS TO ENFORCE OR MODIFY ORDERS OR
 JUDGMENTS.
   4. THE COURT SHALL HAVE DISCRETION TO ORDER THE PAYOR  PARTY  TO  MAKE
 SUPPORT PAYMENTS EITHER DIRECTLY TO THE NEW YORK ACHIEVING A BETTER LIFE
 EXPERIENCE  (NY  ABLE) SAVINGS PROGRAM TRUST FUND OR DIRECTLY TO A THIRD
 PARTY, PROVIDED THE FUNDS ARE  USED  TO  PAY  FOR  QUALIFIED  DISABILITY
 EXPENSES.
   5. EXCEPT WHERE INCONSISTENT WITH THIS SECTION, ALL PROVISIONS OF THIS
 ARTICLE RELATING TO ORDERS OF CHILD SUPPORT SHALL APPLY TO ALL ORDERS OF
 SUPPORT FOR ADULT CHILDREN WITH DEVELOPMENTAL DISABILITIES.
   §  2. The family court act is amended by adding a new section 413-b to
 read as follows:
   § 413-B. SUPPORT ORDERS FOR ADULT DEPENDENT  CHILDREN.  1.    NOTWITH-
 STANDING  ANY OTHER LAW, PARENTS OR KINSHIP CAREGIVERS OF AN ADULT CHILD
 UNDER THE AGE OF TWENTY-SIX ARE CHARGEABLE WITH SUPPORT OF SUCH INDIVID-
 UAL PROVIDED SUCH INDIVIDUAL IS DIAGNOSED WITH A DEVELOPMENTAL DISABILI-
 TY AS DEFINED UNDER SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL
 HYGIENE LAW.
   2. UPON PETITION BROUGHT BY THE PARENT  OR  KINSHIP  CAREGIVER  OF  AN
 ADULT  CHILD  WITH  A  DISABILITY,  THE  COURT  SHALL MAKE ITS AWARD FOR
 SUPPORT FOR AN ADULT CHILD WITH A DEVELOPMENTAL DISABILITY IN ACCORDANCE
 WITH THE PROVISIONS OF SUBDIVISION ONE OF SECTION FOUR HUNDRED  THIRTEEN
 OF  THIS  PART.    IN  ADDITION  TO THE PROVISIONS OF SUBDIVISION ONE OF
 SECTION FOUR HUNDRED THIRTEEN OF  THIS  PART,  THE  COURT  MAY  CONSIDER
 WHETHER  THE  FINANCIAL  RESPONSIBILITY OF CARING FOR THE INDIVIDUAL HAS
 BEEN UNREASONABLY PLACED  ON  ONE  PARENT  WHEN  DETERMINING  THE  CHILD
 SUPPORT  OBLIGATION. THE DURATION OF TIME THE COURT MAY USE WHEN CONSID-
 ERING THIS FACTOR SHALL BE LIMITED TO THE  TIME  PERIOD  FROM  WHEN  THE
 CHILD  TURNED  TWENTY-ONE  UNTIL  THE CHILD TURNS TWENTY-SIX. IF A CHILD
 SUPPORT ORDER ENDED AT THE AGE OF EIGHTEEN THEN SUCH TIME  PERIOD  SHALL
 BE FROM WHEN THE CHILD TURNED EIGHTEEN UNTIL THE CHILD TURNS TWENTY-SIX.
   3.  THE  COURT  HAS  JURISDICTION  TO DETERMINE PROCEEDINGS BROUGHT BY
 PETITION AND ORDER TO SHOW CAUSE, FOR THE DETERMINATION  OF  SUPPORT  OF
 ADULT  DEPENDENT  CHILDREN,  AS  WELL  AS TO ENFORCE OR MODIFY ORDERS OR
 JUDGMENTS.
   4. THE COURT SHALL HAVE DISCRETION TO ORDER THE PAYOR  PARTY  TO  MAKE
 SUPPORT PAYMENTS EITHER DIRECTLY TO THE NEW YORK ACHIEVING A BETTER LIFE
 EXPERIENCE  (NY  ABLE) SAVINGS PROGRAM TRUST FUND OR DIRECTLY TO A THIRD
 PARTY, PROVIDED THE FUNDS ARE  USED  TO  PAY  FOR  QUALIFIED  DISABILITY
 EXPENSES.
   5. EXCEPT WHERE INCONSISTENT WITH THIS SECTION, ALL PROVISIONS OF THIS
 ARTICLE RELATING TO ORDERS OF CHILD SUPPORT SHALL APPLY TO ALL ORDERS OF
 SUPPORT FOR ADULT CHILDREN WITH DEVELOPMENTAL DISABILITIES.
   § 3. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

A898A - Details

See Senate Version of this Bill:: S4467
Law Section:: Domestic Relations Law
Laws Affected:: Add §240-d, Dom Rel L; add §413-b, Fam Ct Act
Versions Introduced in 2019-2020 Legislative Session:: A6658, S4256

A898A - Summary

A898A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  898--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. WOERNER, WALSH, FAHY, WILLIAMS, REYES, HUNTER,
   GUNTHER, JEAN-PIERRE, SIMON, GALEF, HYNDMAN, SOLAGES, DAVILA, BUTTENS-
   CHON, SEAWRIGHT, DICKENS,  GLICK,  McMAHON,  M. MILLER,  NIOU,  QUART,
   CUSICK,  ASHBY, BRABENEC, WALCZYK, BYRNES, SMULLEN, FRIEND, MONTESANO,
   J. M. GIGLIO, BLANKENBUSH, MANKTELOW, HAWLEY, GOODELL,  BYRNE,  DiPIE-
   TRO,   MORINELLO,  ROZIC,  LUPARDO,  DARLING,  WALKER,  HEVESI,  COOK,
   WALLACE, WEPRIN, L. ROSENTHAL, STIRPE, CRUZ -- read once and  referred
   to  the  Committee on Judiciary -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the domestic relations law and the family court act,  in
   relation  to  establishing a living allowance for adults with develop-
   mental disabilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  domestic  relations  law  is amended by adding a new
 section 240-d to read as follows:
   § 240-D. SUPPORT ORDERS FOR CERTAIN ADULT DEPENDENTS. 1. NOTWITHSTAND-
 ING ANY OTHER LAW, A PERSON WHO WOULD OTHERWISE BE CHARGEABLE UNDER  LAW
 WITH SUPPORT OF A MINOR CHILD IS ALSO CHARGEABLE WITH THE SUPPORT OF ANY
 SUCH  INDIVIDUAL  UNTIL  SUCH  INDIVIDUAL REACHES THE AGE OF TWENTY-SIX,
 PROVIDED SUCH INDIVIDUAL HAS A  DIAGNOSED  DEVELOPMENTAL  DISABILITY  AS
 DEFINED  IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE
 LAW, RESIDES WITH THE PERSON SEEKING SUCH SUPPORT,  AND  IS  PRINCIPALLY
 DEPENDENT ON SUCH PERSON FOR MAINTENANCE.
   2.  UPON  PETITION  BROUGHT  BY  SUCH PERSON, THE COURT SHALL MAKE ITS
 AWARD FOR SUPPORT FOR SUCH INDIVIDUAL WITH A DEVELOPMENTAL DISABILITY IN
 ACCORDANCE WITH THE PROVISIONS  OF  SUBDIVISION  ONE-B  OF  SECTION  TWO
 HUNDRED  FORTY OF THIS ARTICLE.  IN ADDITION TO THE PROVISIONS OF SUBDI-
 VISION ONE-B OF SECTION TWO HUNDRED FORTY OF THIS ARTICLE, THE COURT MAY
 CONSIDER WHETHER THE FINANCIAL RESPONSIBILITY OF CARING FOR THE INDIVID-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01275-03-1

 A. 898--A                           2
 
 UAL HAS BEEN UNREASONABLY PLACED ON  ONE  PARENT  WHEN  DETERMINING  THE
 SUPPORT  OBLIGATION. THE DURATION OF TIME THE COURT MAY USE WHEN CONSID-
 ERING THIS FACTOR SHALL BE LIMITED TO THE  TIME  PERIOD  FROM  WHEN  THE
 CHILD  TURNED  TWENTY-ONE  UNTIL  THE  INDIVIDUAL TURNS TWENTY-SIX. IF A
 CHILD SUPPORT ORDER ENDED AT THE AGE OF EIGHTEEN THEN SUCH  TIME  PERIOD
 SHALL  BE FROM WHEN THE CHILD TURNED EIGHTEEN UNTIL THE INDIVIDUAL TURNS
 TWENTY-SIX.
   3. THE COURT HAS JURISDICTION  TO  DETERMINE  PROCEEDINGS  BROUGHT  BY
 PETITION  AND  ORDER  TO SHOW CAUSE, FOR THE DETERMINATION OF SUPPORT OF
 SUCH ADULT DEPENDENTS, AS WELL AS TO ENFORCE OR MODIFY ORDERS  OR  JUDG-
 MENTS.
   4.  THE  COURT  SHALL HAVE DISCRETION TO ORDER THE PAYOR PARTY TO MAKE
 SUPPORT PAYMENTS EITHER TO THE  PETITIONER  OR  TO  THE  TRUSTEE  OF  AN
 "EXCEPTION  TRUST"  AS    DEFINED  IN  42 U.S.C. 1396P(D)(4)(A) AND (C),
 CLAUSE (III) OF SUBPARAGRAPH TWO OF PARAGRAPH (B) OF SUBDIVISION TWO  OF
 SECTION  THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW, AND SECTION
 7-1.12 OF THE ESTATES, POWERS AND TRUSTS LAW  IF  SUCH  DIRECTION  WOULD
 ASSIST IN MAXIMIZING ASSISTANCE TO THE CHILD.
   5. EXCEPT WHERE INCONSISTENT WITH THIS SECTION, ALL PROVISIONS OF THIS
 ARTICLE RELATING TO ORDERS OF CHILD SUPPORT SHALL APPLY TO ALL ORDERS OF
 SUPPORT FOR ADULTS WITH DEVELOPMENTAL DISABILITIES.
   §  2. The family court act is amended by adding a new section 413-b to
 read as follows:
   § 413-B. SUPPORT ORDERS FOR CERTAIN ADULT DEPENDENTS. 1. NOTWITHSTAND-
 ING ANY OTHER LAW, A PERSON WHO WOULD OTHERWISE BE CHARGEABLE UNDER  LAW
 WITH SUPPORT OF A MINOR CHILD IS ALSO CHARGEABLE WITH THE SUPPORT OF ANY
 SUCH  INDIVIDUAL  UNTIL  SUCH  INDIVIDUAL REACHES THE AGE OF TWENTY-SIX,
 PROVIDED SUCH INDIVIDUAL HAS A  DIAGNOSED  DEVELOPMENTAL  DISABILITY  AS
 DEFINED  UNDER  SUBDIVISION  TWENTY-TWO  OF  SECTION  1.03 OF THE MENTAL
 HYGIENE LAW, RESIDES WITH THE PERSON SEEKING SUCH SUPPORT, AND IS  PRIN-
 CIPALLY DEPENDENT ON SUCH PERSON FOR MAINTENANCE.
   2.  UPON  PETITION  BROUGHT  BY  THE PARENT OR KINSHIP CAREGIVER OF AN
 ADULT CHILD WITH A DISABILITY,  THE  COURT  SHALL  MAKE  ITS  AWARD  FOR
 SUPPORT  FOR  SUCH INDIVIDUAL WITH A DEVELOPMENTAL DISABILITY IN ACCORD-
 ANCE WITH THE PROVISIONS OF SUBDIVISION  ONE  OF  SECTION  FOUR  HUNDRED
 THIRTEEN  OF THIS PART. IN ADDITION TO THE PROVISIONS OF SUBDIVISION ONE
 OF SECTION FOUR HUNDRED THIRTEEN OF THIS PART, THE  COURT  MAY  CONSIDER
 WHETHER  THE  FINANCIAL  RESPONSIBILITY OF CARING FOR THE INDIVIDUAL HAS
 BEEN UNREASONABLY PLACED  ON  ONE  PARENT  WHEN  DETERMINING  THE  CHILD
 SUPPORT  OBLIGATION. THE DURATION OF TIME THE COURT MAY USE WHEN CONSID-
 ERING THIS FACTOR SHALL BE LIMITED TO THE  TIME  PERIOD  FROM  WHEN  THE
 CHILD  TURNED  TWENTY-ONE  UNTIL  THE  INDIVIDUAL TURNS TWENTY-SIX. IF A
 CHILD SUPPORT ORDER ENDED AT THE AGE OF EIGHTEEN THEN SUCH  TIME  PERIOD
 SHALL  BE FROM WHEN THE CHILD TURNED EIGHTEEN UNTIL THE INDIVIDUAL TURNS
 TWENTY-SIX.
   3. THE COURT HAS JURISDICTION  TO  DETERMINE  PROCEEDINGS  BROUGHT  BY
 PETITION  AND  ORDER  TO SHOW CAUSE, FOR THE DETERMINATION OF SUPPORT OF
 SUCH DEPENDENTS, AS WELL AS TO ENFORCE OR MODIFY ORDERS OR JUDGMENTS.
   4. THE COURT SHALL HAVE DISCRETION TO ORDER THE PAYOR  PARTY  TO  MAKE
 SUPPORT  PAYMENTS  EITHER  TO  THE  PETITIONER  OR  TO THE TRUSTEE OF AN
 "EXCEPTION TRUST" AS DEFINED IN 42 U.S.C. 1396P(D)(4)(A) AND (C), CLAUSE
 (III) OF SUBPARAGRAPH TWO OF PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION
 THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW, AND  SECTION  7-1.12
 OF  THE ESTATES, POWERS AND TRUSTS LAW IF SUCH DIRECTION WOULD ASSIST IN
 MAXIMIZING ASSISTANCE TO THE CHILD.

 A. 898--A                           3
 
   5. EXCEPT WHERE INCONSISTENT WITH THIS SECTION, ALL PROVISIONS OF THIS
 ARTICLE RELATING TO ORDERS OF CHILD SUPPORT SHALL APPLY TO ALL ORDERS OF
 SUPPORT FOR ADULTS WITH DEVELOPMENTAL DISABILITIES.
   § 3. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

A898B (ACTIVE) - Details

See Senate Version of this Bill:: S4467
Law Section:: Domestic Relations Law
Laws Affected:: Add §240-d, Dom Rel L; add §413-b, Fam Ct Act
Versions Introduced in 2019-2020 Legislative Session:: A6658, S4256

A898B (ACTIVE) - Summary

A898B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  898--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. WOERNER, WALSH, FAHY, WILLIAMS, REYES, HUNTER,
   GUNTHER, JEAN-PIERRE, SIMON, GALEF, HYNDMAN, SOLAGES, DAVILA, BUTTENS-
   CHON, SEAWRIGHT, DICKENS,  GLICK,  McMAHON,  M. MILLER,  NIOU,  QUART,
   CUSICK,  ASHBY, BRABENEC, WALCZYK, BYRNES, SMULLEN, FRIEND, MONTESANO,
   J. M. GIGLIO, BLANKENBUSH, MANKTELOW, HAWLEY, GOODELL,  BYRNE,  DiPIE-
   TRO,   MORINELLO,  ROZIC,  LUPARDO,  DARLING,  WALKER,  HEVESI,  COOK,
   WALLACE, WEPRIN, L. ROSENTHAL, STIRPE, CRUZ, BRAUNSTEIN --  read  once
   and  referred  to  the Committee on Judiciary -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  --  reported  and  referred  to  the  Committee on Codes --
   reported and referred to the Committee on  Rules  --  Rules  Committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to the Committee on Rules
 
 AN  ACT to amend the domestic relations law and the family court act, in
   relation to establishing a living allowance for adults  with  develop-
   mental disabilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The domestic relations law  is  amended  by  adding  a  new
 section 240-d to read as follows:
   § 240-D. SUPPORT ORDERS FOR CERTAIN ADULT DEPENDENTS. 1. NOTWITHSTAND-
 ING  ANY OTHER LAW, A PERSON WHO WOULD OTHERWISE BE CHARGEABLE UNDER LAW
 WITH SUPPORT OF A MINOR CHILD IS ALSO CHARGEABLE WITH THE SUPPORT OF ANY
 SUCH INDIVIDUAL UNTIL SUCH INDIVIDUAL REACHES  THE  AGE  OF  TWENTY-SIX,
 WHEN IT SHALL APPEAR TO THE SATISFACTION OF THE COURT THAT THE PERSON IS
 DEVELOPMENTALLY DISABLED AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION
 1.03  OF  THE  MENTAL  HYGIENE LAW, RESIDES WITH THE PERSON SEEKING SUCH
 SUPPORT, AND IS PRINCIPALLY DEPENDENT ON SUCH PERSON FOR MAINTENANCE.  A
 FINDING OF A DEVELOPMENTAL DISABILITY SHALL BE SUPPORTED BY A  DIAGNOSIS
 AND  ACCOMPANYING  REPORT  OF A PHYSICIAN, LICENSED PSYCHOLOGIST, REGIS-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01275-06-1

 A. 898--B                           2
 
 TERED PROFESSIONAL NURSE, LICENSED CLINICAL SOCIAL WORKER OR A  LICENSED
 MASTER  SOCIAL WORKER UNDER THE SUPERVISION OF A PHYSICIAN, PSYCHOLOGIST
 OR LICENSED CLINICAL SOCIAL WORKER AUTHORIZED TO  PRACTICE  UNDER  TITLE
 EIGHT  OF  THE  EDUCATION  LAW,  AND ACTING WITHIN THEIR LAWFUL SCOPE OF
 PRACTICE.
   2. UPON PETITION BROUGHT BY SUCH PERSON,  THE  COURT  SHALL  MAKE  ITS
 AWARD FOR SUPPORT FOR SUCH INDIVIDUAL WITH A DEVELOPMENTAL DISABILITY IN
 ACCORDANCE  WITH  THE  PROVISIONS  OF  SUBDIVISION  ONE-B OF SECTION TWO
 HUNDRED FORTY OF THIS ARTICLE.  IN ADDITION TO THE PROVISIONS OF  SUBDI-
 VISION ONE-B OF SECTION TWO HUNDRED FORTY OF THIS ARTICLE, THE COURT MAY
 CONSIDER WHETHER THE FINANCIAL RESPONSIBILITY OF CARING FOR THE INDIVID-
 UAL  HAS  BEEN  UNREASONABLY  PLACED  ON ONE PARENT WHEN DETERMINING THE
 SUPPORT OBLIGATION. THE DURATION OF TIME THE COURT MAY USE WHEN  CONSID-
 ERING  THIS  FACTOR  SHALL  BE  LIMITED TO THE TIME PERIOD FROM WHEN THE
 CHILD TURNED TWENTY-ONE UNTIL THE  INDIVIDUAL  TURNS  TWENTY-SIX.  IF  A
 CHILD  SUPPORT  ORDER ENDED AT THE AGE OF EIGHTEEN THEN SUCH TIME PERIOD
 SHALL BE FROM WHEN THE CHILD TURNED EIGHTEEN UNTIL THE INDIVIDUAL  TURNS
 TWENTY-SIX.
   3.  THE  COURT  HAS  JURISDICTION  TO DETERMINE PROCEEDINGS BROUGHT BY
 PETITION AND ORDER TO SHOW CAUSE, FOR THE DETERMINATION  OF  SUPPORT  OF
 SUCH  ADULT  DEPENDENTS, AS WELL AS TO ENFORCE OR MODIFY ORDERS OR JUDG-
 MENTS.
   4. THE COURT SHALL HAVE DISCRETION TO ORDER THE PAYOR  PARTY  TO  MAKE
 SUPPORT  PAYMENTS  EITHER  TO  THE  PETITIONER  OR  TO THE TRUSTEE OF AN
 "EXCEPTION TRUST" AS   DEFINED IN  42  U.S.C.  1396P(D)(4)(A)  AND  (C),
 CLAUSE  (III) OF SUBPARAGRAPH TWO OF PARAGRAPH (B) OF SUBDIVISION TWO OF
 SECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW, AND  SECTION
 7-1.12  OF  THE  ESTATES,  POWERS AND TRUSTS LAW IF SUCH DIRECTION WOULD
 ASSIST IN MAXIMIZING ASSISTANCE TO THE CHILD.
   5. EXCEPT WHERE INCONSISTENT WITH THIS SECTION, ALL PROVISIONS OF THIS
 ARTICLE RELATING TO ORDERS OF CHILD SUPPORT SHALL APPLY TO ALL ORDERS OF
 SUPPORT FOR ADULTS WITH DEVELOPMENTAL DISABILITIES.
   § 2. The family court act is amended by adding a new section 413-b  to
 read as follows:
   § 413-B. SUPPORT ORDERS FOR CERTAIN ADULT DEPENDENTS. 1. NOTWITHSTAND-
 ING  ANY OTHER LAW, A PERSON WHO WOULD OTHERWISE BE CHARGEABLE UNDER LAW
 WITH SUPPORT OF A MINOR CHILD IS ALSO CHARGEABLE WITH THE SUPPORT OF ANY
 SUCH INDIVIDUAL UNTIL SUCH INDIVIDUAL REACHES  THE  AGE  OF  TWENTY-SIX,
 WHEN IT SHALL APPEAR TO THE SATISFACTION OF THE COURT THAT THE PERSON IS
 DEVELOPMENTALLY  DISABLED  AS  DEFINED  UNDER  SUBDIVISION TWENTY-TWO OF
 SECTION 1.03 OF THE MENTAL HYGIENE LAW, RESIDES WITH THE PERSON  SEEKING
 SUCH  SUPPORT,  AND  IS PRINCIPALLY DEPENDENT ON SUCH PERSON FOR MAINTE-
 NANCE.  A FINDING OF A DEVELOPMENTAL DISABILITY SHALL BE SUPPORTED BY  A
 DIAGNOSIS AND ACCOMPANYING REPORT OF A PHYSICIAN, LICENSED PSYCHOLOGIST,
 REGISTERED  PROFESSIONAL  NURSE,  LICENSED  CLINICAL  SOCIAL WORKER OR A
 LICENSED MASTER SOCIAL WORKER UNDER  THE  SUPERVISION  OF  A  PHYSICIAN,
 PSYCHOLOGIST  OR  LICENSED CLINICAL SOCIAL WORKER AUTHORIZED TO PRACTICE
 UNDER TITLE EIGHT OF THE EDUCATION LAW, AND ACTING WITHIN  THEIR  LAWFUL
 SCOPE OF PRACTICE.
   2.  UPON  PETITION  BROUGHT  BY  THE PARENT OR KINSHIP CAREGIVER OF AN
 ADULT CHILD WITH A DISABILITY,  THE  COURT  SHALL  MAKE  ITS  AWARD  FOR
 SUPPORT  FOR  SUCH INDIVIDUAL WITH A DEVELOPMENTAL DISABILITY IN ACCORD-
 ANCE WITH THE PROVISIONS OF SUBDIVISION  ONE  OF  SECTION  FOUR  HUNDRED
 THIRTEEN  OF THIS PART. IN ADDITION TO THE PROVISIONS OF SUBDIVISION ONE
 OF SECTION FOUR HUNDRED THIRTEEN OF THIS PART, THE  COURT  MAY  CONSIDER
 WHETHER  THE  FINANCIAL  RESPONSIBILITY OF CARING FOR THE INDIVIDUAL HAS

 A. 898--B                           3
 
 BEEN UNREASONABLY PLACED  ON  ONE  PARENT  WHEN  DETERMINING  THE  CHILD
 SUPPORT  OBLIGATION. THE DURATION OF TIME THE COURT MAY USE WHEN CONSID-
 ERING THIS FACTOR SHALL BE LIMITED TO THE  TIME  PERIOD  FROM  WHEN  THE
 CHILD  TURNED  TWENTY-ONE  UNTIL  THE  INDIVIDUAL TURNS TWENTY-SIX. IF A
 CHILD SUPPORT ORDER ENDED AT THE AGE OF EIGHTEEN THEN SUCH  TIME  PERIOD
 SHALL  BE FROM WHEN THE CHILD TURNED EIGHTEEN UNTIL THE INDIVIDUAL TURNS
 TWENTY-SIX.
   3. THE COURT HAS JURISDICTION  TO  DETERMINE  PROCEEDINGS  BROUGHT  BY
 PETITION  AND  ORDER  TO SHOW CAUSE, FOR THE DETERMINATION OF SUPPORT OF
 SUCH DEPENDENTS, AS WELL AS TO ENFORCE OR MODIFY ORDERS OR JUDGMENTS.
   4. THE COURT SHALL HAVE DISCRETION TO ORDER THE PAYOR  PARTY  TO  MAKE
 SUPPORT  PAYMENTS  EITHER  TO  THE  PETITIONER  OR  TO THE TRUSTEE OF AN
 "EXCEPTION TRUST" AS DEFINED IN 42 U.S.C. 1396P(D)(4)(A) AND (C), CLAUSE
 (III) OF SUBPARAGRAPH TWO OF PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION
 THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW, AND  SECTION  7-1.12
 OF  THE ESTATES, POWERS AND TRUSTS LAW IF SUCH DIRECTION WOULD ASSIST IN
 MAXIMIZING ASSISTANCE TO THE CHILD.
   5. EXCEPT WHERE INCONSISTENT WITH THIS SECTION, ALL PROVISIONS OF THIS
 ARTICLE RELATING TO ORDERS OF CHILD SUPPORT SHALL APPLY TO ALL ORDERS OF
 SUPPORT FOR ADULTS WITH DEVELOPMENTAL DISABILITIES.
   § 3. This act shall take effect immediately.

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The New York State Senate

assembly Bill A898B

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 9, 2021 - floor Vote

Floor Vote: Jun 9, 2021

Bill Amendments

Co-Sponsors

A898 - Details

A898 - Summary

A898 - Bill Text download pdf

Co-Sponsors

A898A - Details

A898A - Summary

A898A - Bill Text download pdf

Co-Sponsors

A898B (ACTIVE) - Details

A898B (ACTIVE) - Summary

A898B (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A898B

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Sponsored By

WOERNER

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 9, 2021 - floor Vote

Floor Vote: Jun 9, 2021

Bill Amendments

Co-Sponsors

Mary Beth Walsh

Patricia Fahy

Jaime R. Williams

Karines Reyes

Pamela J. Hunter

Aileen Gunther

Kimberly Jean-Pierre

Jo Anne Simon

Sandy Galef

Alicia Hyndman

Michaelle C. Solages

Maritza Davila

Marianne Buttenschon

Rebecca Seawright

Inez E. Dickens

Deborah Glick

Karen McMahon

Melissa Miller

Yuh-Line Niou

Dan Quart

Michael Cusick

Jake Ashby

Karl Brabenec

Mark Walczyk

Marjorie Byrnes

Robert Smullen

Christopher Friend

Michael Montesano

Joseph Giglio

Kenneth Blankenbush

Brian Manktelow

Stephen Hawley

Andrew Goodell

Kevin M. Byrne

David DiPietro

Angelo J. Morinello

Nily Rozic

Donna Lupardo

Taylor Darling

Latrice Walker

Andrew Hevesi

Vivian Cook

Monica P. Wallace

David Weprin

Linda Rosenthal

Albert A. Stirpe

Catalina Cruz

A898 - Details

A898 - Summary

A898 - Bill Text download pdf

Co-Sponsors

Mary Beth Walsh

Patricia Fahy

Jaime R. Williams

Karines Reyes

Pamela J. Hunter

Aileen Gunther

Kimberly Jean-Pierre

Jo Anne Simon

Sandy Galef

Alicia Hyndman

Michaelle C. Solages

Maritza Davila

Marianne Buttenschon

Rebecca Seawright

Inez E. Dickens

Deborah Glick

Karen McMahon