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Assembly Bill A4027A

2023-2024 Legislative Session

Relates to referrals for child support enforcement for foster care maintenance payments

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2023-A4027 - Details

See Senate Version of this Bill:
S7054
Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §413, Fam Ct Act
Versions Introduced in 2025-2026 Legislative Session:
A1036, S3660

2023-A4027 - Summary

Relates to liability to support a child who is placed in foster care pursuant to an approved application for foster care maintenance; provides that such liability shall not be imposed if it will adversely affect the health, safety or welfare of the child on whose behalf such payments are to be made or other persons in the child's household or will adversely affect the length of the child's placement or impair the ability of the child to return home when discharged from foster care; limits the ability of a county or local social services district to cause a referral to be sent for the purpose of commencing collection of child support for a child placed in foster care.

2023-A4027 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4027
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced by M. of A. KIM -- read once and referred to the Committee on
   Judiciary
 
 AN ACT to amend the family court act, in relation to referrals for child
   support enforcement for foster care maintenance payments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of section 413 of the family  court  act,  as
 added by chapter 745 of the laws of 1984, is amended to read as follows:
   2.  (A)  Nothing  in  this  article  shall impose any liability upon a
 person to support the adopted child of his or her spouse, if such  child
 was  adopted after the adopting spouse is living separate and apart from
 the non-adopting spouse pursuant to a  legally  recognizable  separation
 agreement  or  decree  under  the domestic relations law. Such liability
 shall not be imposed for so long as  the  spouses  remain  separate  and
 apart after the adoption.
   (B)  NOTHING  IN THIS ARTICLE SHALL IMPOSE ANY LIABILITY UPON A PERSON
 TO SUPPORT A CHILD PURSUANT TO AN APPROVED APPLICATION FOR  FOSTER  CARE
 MAINTENANCE  UNLESS  THE CHILD WAS SUBJECTED TO AGGRAVATED CIRCUMSTANCES
 AS DEFINED IN SUBDIVISION (J) OF SECTION ONE  THOUSAND  TWELVE  OF  THIS
 CHAPTER.    SUCH  LIABILITY  SHALL  NOT  BE IMPOSED IF IT WILL ADVERSELY
 AFFECT THE HEALTH, SAFETY OR WELFARE OF THE CHILD ON WHOSE  BEHALF  SUCH
 PAYMENTS  ARE  TO  BE  MADE OR OTHER PERSONS IN THE CHILD'S HOUSEHOLD OR
 WILL ADVERSELY AFFECT THE LENGTH OF THE CHILD'S PLACEMENT OR IMPAIR  THE
 ABILITY OF THE CHILD TO RETURN HOME WHEN DISCHARGED FROM FOSTER CARE.
   §  2.  The office of children and family services shall promulgate any
 rules and regulations necessary to carry out the provisions of this act.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08914-01-3

co-Sponsors

multi-Sponsors

2023-A4027A (ACTIVE) - Details

See Senate Version of this Bill:
S7054
Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §413, Fam Ct Act
Versions Introduced in 2025-2026 Legislative Session:
A1036, S3660

2023-A4027A (ACTIVE) - Summary

Relates to liability to support a child who is placed in foster care pursuant to an approved application for foster care maintenance; provides that such liability shall not be imposed if it will adversely affect the health, safety or welfare of the child on whose behalf such payments are to be made or other persons in the child's household or will adversely affect the length of the child's placement or impair the ability of the child to return home when discharged from foster care; limits the ability of a county or local social services district to cause a referral to be sent for the purpose of commencing collection of child support for a child placed in foster care.

2023-A4027A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4027--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced by M. of A. KIM, WILLIAMS, O'DONNELL, BENDETT, HEVESI, SIMON,
   STECK  --  Multi-Sponsored  by  --  M. of A. K. BROWN -- read once and
   referred to the Committee on Judiciary -- recommitted to the Committee
   on Judiciary in accordance with Assembly Rule 3, sec. 2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the family court act, in relation to referrals for child
   support enforcement for foster care maintenance payments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 413 of the family  court  act,  as
 added by chapter 745 of the laws of 1984, is amended to read as follows:
   2.  (A)  Nothing  in  this  article  shall impose any liability upon a
 person to support the adopted  child  of  [his  or  her]  SUCH  PERSON'S
 spouse,  if  such  child was adopted after the adopting spouse is living
 separate and apart from the non-adopting spouse pursuant  to  a  legally
 recognizable separation agreement or decree under the domestic relations
 law.  Such  liability  shall  not  be imposed for so long as the spouses
 remain separate and apart after the adoption.
   (B) NOTHING IN THIS ARTICLE SHALL IMPOSE ANY LIABILITY UPON  A  PERSON
 TO  SUPPORT  A  CHILD  WHO IS PLACED IN FOSTER CARE PURSUANT TO AN ORDER
 ISSUED BY A COURT OF COMPETENT JURISDICTION, PURSUANT TO ANY APPLICATION
 FOR SUPPORT UNDER THIS ARTICLE EXCEPT WHERE A COURT HAS  FOUND  A  CHILD
 WAS  SUBJECTED TO AGGRAVATED CIRCUMSTANCES AS DEFINED IN SUBDIVISION (J)
 OF SECTION ONE THOUSAND TWELVE OF THIS CHAPTER.
   (C) NOTWITHSTANDING PARAGRAPH (B) OF THIS SUBDIVISION, SUCH  LIABILITY
 SHALL  NOT  BE IMPOSED IF IT WILL ADVERSELY AFFECT THE HEALTH, SAFETY OR
 WELFARE OF THE CHILD ON WHOSE BEHALF SUCH PAYMENTS ARE  TO  BE  MADE  OR
 OTHER  PERSONS  IN  THE  CHILD'S  HOUSEHOLD OR WILL ADVERSELY AFFECT THE
 LENGTH OF THE CHILD'S PLACEMENT OR IMPAIR THE ABILITY OF  THE  CHILD  TO
 RETURN HOME WHEN DISCHARGED FROM FOSTER CARE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08914-05-4

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