Senate Bill S7054

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S7054 (ACTIVE) - Details

See Assembly Version of this Bill:
A4027
Current Committee:
Senate Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §413, Fam Ct Act

2023-S7054 (ACTIVE) - Summary

Relates to liability to support a child 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.

2023-S7054 (ACTIVE) - Sponsor Memo

2023-S7054 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7054
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 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

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