NY State Senate Bill S4467B

Archive: Last Bill Status Via A898 - 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 (15)

	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 09, 2021	substituted by a898b
Jun 08, 2021	ordered to third reading cal.1638 committee discharged and committed to rules
Jun 04, 2021	print number 4467b
Jun 04, 2021	amend and recommit to judiciary
May 25, 2021	print number 4467a
May 25, 2021	amend (t) and recommit to judiciary
Feb 05, 2021	referred to judiciary

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

S4467 - Details

See Assembly Version of this Bill:: A898
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:: S4256, A6658

S4467 - 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.

S4467 - Sponsor Memo

 
BILL NUMBER: S4467

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the family court act, in relation to child support for
any child over 21 years of age who is severely and permanently mentally
or physically disabled and unable to live on their own

 
PURPOSE:

This bill would allow a custodial parent to petition the court for the
continuation of child support for a child over the age of 21 if the
child is severely and permanently mentally or physically disabled and
unable to live on their own.

 
SUMMARY OF PROVISIONS:

Section one adds a new paragraph (f-1) to subdivision 1 of section 413
of the Family Court Act which outlines the conditions under which a
parent may petition the court for the continuation of child support for

any child over 21 years old. These conditions are if such child:
(i) Is severely and permanently mentally or physically disabled, as
determined by the Office for Persons with Developmental Disabilities
(ii) Is unable to live independently or support himself or herself, and
(iii) Resides in the home of the parent seeking or receiving child
support.

Section two is the effective date.

 
JUSTIFICATION:

Currently, the legal obligation to pay child support in New York State
ends when the child turns 21-years old: However, many individuals with
lifelong disabilities may rely upon the care and support of their
parents well past the age of 21.

This bill would allow single parents to petition the courts for the
continuation of child support if their child is severely and permanently
mentally or physically disabled, and unable to live independently. This
legislation will provide an opportunity for single parents to seek
support while housing and caring for a disabled child, and will ensure
that these children have access to the resources needed for their care.

 
LEGISLATIVE HISTORY:

2019: S4256 Passed Senate

 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S4467 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4467
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the family court act, in relation to child  support  for
   any child over 21 years of age who is severely and permanently mental-
   ly or physically disabled and unable to live on their own

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 413 of the  family  court  act  is
 amended by adding a new paragraph (f-1) to read as follows:
   (F-1)  A  PARENT  MAY  PETITION THE COURT TO ORDER THE CONTINUATION OF
 CHILD SUPPORT FOR A CHILD OVER THE AGE  OF  TWENTY-ONE  YEARS,  IF  SUCH
 CHILD  (I)  IS SEVERELY AND PERMANENTLY MENTALLY OR PHYSICALLY DISABLED,
 AS DETERMINED BY THE OFFICE FOR PERSONS WITH DEVELOPMENTAL DISABILITIES,
 (II) IS UNABLE TO LIVE INDEPENDENTLY OR SUPPORT HIMSELF OR HERSELF,  AND
 (III)  RESIDES  IN  THE  HOME  OF  THE PARENT SEEKING OR RECEIVING CHILD
 SUPPORT.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08323-01-1

S4467A - Details

See Assembly Version of this Bill:: A898
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:: S4256, A6658

S4467A - Summary

S4467A - Sponsor Memo

 
BILL NUMBER: S4467A

SPONSOR: MANNION
 
TITLE OF BILL:

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

 
PURPOSE:

This bill would allow a custodial parent to petition the court for the
continuation of child support for a child over the age of 21 if the
child is severely and permanently mentally or physically disabled and
unable to live on their own.

 
SUMMARY OF PROVISIONS:

Section one adds a new paragraph (f-1) to subdivision 1 of section 413
of the Family Court Act which outlines the conditions under which a
parent may petition the court for the continuation of child support for

any child over 21 years old. These conditions are if such child:
(i) Is severely and permanently mentally or physically disabled, as
determined by the Office for Persons with Developmental Disabilities
(ii) Is unable to live independently or support himself or herself, and
(iii) Resides in the home of the parent seeking or receiving child
support.

Section two is the effective date.

 
JUSTIFICATION:

Currently, the legal obligation to pay child support in New York State
ends when the child turns 21-years old: However, many individuals with
lifelong disabilities may rely upon the care and support of their
parents well past the age of 21.

This bill would allow single parents to petition the courts for the
continuation of child support if their child is severely and permanently
mentally or physically disabled, and unable to live independently. This
legislation will provide an opportunity for single parents to seek
support while housing and caring for a disabled child, and will ensure
that these children have access to the resources needed for their care.

 
LEGISLATIVE HISTORY:

2019: S4256 Passed Senate

 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S4467A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4467--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed 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-
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08323-02-1

 S. 4467--A                          2
 
 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.
   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.

S4467B (ACTIVE) - Details

See Assembly Version of this Bill:: A898
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:: S4256, A6658

S4467B (ACTIVE) - Summary

S4467B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4467B

SPONSOR: MANNION
 
TITLE OF BILL:

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

 
PURPOSE:

This bill would allow a custodial parent to petition the court for the
continuation of child support for a child over the age of 21 if the
child is severely and permanently mentally or physically disabled and
unable to live on their own.

 
SUMMARY OF PROVISIONS:

Section one adds a new paragraph (f-1) to subdivision 1 of section 413
of the Family Court Act which outlines the conditions under which a
parent may petition the court for the continuation of child support for

any child over 21 years old. These conditions are if such child:

(i) Is severely and permanently mentally or physically disabled

(ii) Is unable to live independently or support himself or herself, and

(iii) Resides in the home of the parent seeking or receiving child
support.

Section two is the effective date.

 
JUSTIFICATION:

Currently, the legal obligation to pay child support in New York State
ends when the child turns 21-years old: However, many individuals with
lifelong disabilities may rely upon the care and support of their
parents well past the age of 21.

This bill would allow single parents to petition the courts for the
continuation of child support if their child is severely and permanently
mentally or physically disabled, and unable to live independently. This
legislation will provide an opportunity for single parents to seek
support while housing and caring for a disabled child, and will ensure
that these children have access to the resources needed for their care.

 
LEGISLATIVE HISTORY:

2019: S4256 Passed Senate

 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S4467B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4467--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  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,
 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-
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08323-04-1

 S. 4467--B                          2
 
 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
 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.

 S. 4467--B                          3
 
   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

senate Bill S4467B

Sponsored By

Archive: Last Bill Status Via A898 - Signed by Governor

Your Voice

Actions

Votes

Jun 9, 2021 - floor Vote

Floor Vote: Jun 9, 2021

Jun 8, 2021 - Rules committee Vote

Rules Committee Vote: Jun 8, 2021

Bill Amendments

S4467 - Details

S4467 - Summary

S4467 - Sponsor Memo

S4467 - Bill Text download pdf

S4467A - Details

S4467A - Summary

S4467A - Sponsor Memo

S4467A - Bill Text download pdf

S4467B (ACTIVE) - Details

S4467B (ACTIVE) - Summary

S4467B (ACTIVE) - Sponsor Memo

S4467B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4467B

Share this bill

Sponsored By

John W. Mannion

Archive: Last Bill Status Via A898 - Signed by Governor

Your Voice

Actions

Votes

Jun 9, 2021 - floor Vote

Floor Vote: Jun 9, 2021

Jun 8, 2021 - Rules committee Vote

Rules Committee Vote: Jun 8, 2021

Bill Amendments

S4467 - Details

S4467 - Summary

S4467 - Sponsor Memo

S4467 - Bill Text download pdf

S4467A - Details

S4467A - Summary

S4467A - Sponsor Memo

S4467A - Bill Text download pdf

S4467B (ACTIVE) - Details

S4467B (ACTIVE) - Summary

S4467B (ACTIVE) - Sponsor Memo

S4467B (ACTIVE) - Bill Text download pdf

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