NY State Senate Bill 2023-S8745

Senate Bill S8745

2023-2024 Legislative Session

Relates to the subsidies that may be provided to a parent who adopts a disabled or hard to place child

download bill text pdf

Current Bill Status - In Senate Committee Children And Families 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 06, 2024	referred to children and families

2023-S8745 (ACTIVE) - Details

See Assembly Version of this Bill:: A3580
Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §453, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6518, A8313
2019-2020: S3562, A4331
2021-2022: S4055, A2477

2023-S8745 (ACTIVE) - Summary

Authorizes the social services department to terminate the subsidies that may be provided to a parent who adopts a disabled or hard to place child under certain circumstances.

2023-S8745 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8745

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the social services law, in relation to the adoption
subsidies provided for disabled or hard to place children

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to the subsidies that may be provided to a parent to who adopts
a disabled or hard to place child.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends paragraph (c) of subdivision 1 of section
453 of the social services law and adds three new paragraphs (c-2),
(c-3), and (c4). These provisions provide parameters for the termination
of an adoptive parent's adoption subsidy payments and their subsequent
transfer to the child or new guardian in cases where the parent no long-
er provides direct support or loses their parental rights. Provided,
however, that a guardian who previously lost their parental rights to

whom a child returns would be ineligible to receive an adoption subsidy.

Section 2 of the bill amends clause (b) of subparagraph (iii) of para-
graph (g) of subdivision 1 of section 453 of the social services law to
entitle a child to retroactive direct payment of subsidy payments where
the twenty-first birthday of the child occurs while awaiting the certif-
ication of a representative payee and assistance to the adoptive parent
or parents was terminated pursuant to paragraph (c-2) of the subdivi-
sion.

Section 3 of the bill amends subdivision 2 of section 453 of the social
services law to specify that any agreement provided for in subdivision 1
of the section shall be subject to the approval of the department upon
the application of the social services official in accordance with
applicable regulations.

Section 4 of the bill sets the effective date.

 
JUSTIFICATION:

New York State Social Services Law Section 453 assists, in the form of a
monthly subsidy, to help adoptive parents meet the varied and often
costly needs of children who are adopted out of foster care. These
subsidy payments* are made to the adoptive parents of children who fall
within the definition of "handicapped" and "hard to place."  Payments
can total up to $1,941 per month per adopted child and continue until
the child's twenty-first birthday. In New York State, 97.8 percent of
parents who adopt children from foster care receive the adoption subsi-
dy.

Most adoptive parents use the subsidy as it was intended for the bene-
fit, support, and care of the adopted children in a permanent, safe,
stable, and loving home. In some cases, however, the subsidy is paid to
adoptive parents who are neither providing a home nor support for his or
her adopted child. A number of these are instances in which the children
have returned to foster care (on voluntary placement, abuse or neglect
charges, PINS petitions). In 2015, the New York City Administration for
Children's Services ("ACS") confirmed this to be the case. Then-Commis-
sioner Gladys Carrion reported that in a single month during the previ-
ous year ACS had paid the adoption subsidy for 143 adopted children who
were, at the time of payment, back in foster care.

The Commissioner's statistic, which she deemed "alarming," does not
fully capture the extent of the problem, as it only accounts. For
payments made within New York City and does not include cases in which a
court granted custody or guardianship to another adult (due to the
inability or unwillingness of the adoptive parent to continue to care
for the child), or cases in which the children find themselves forced to
live on their own before turning 21. Notably, the latter results in many
young people becoming homeless or suffering from housing instability.

Notwithstanding the intent of the adoption subsidy to benefit the child,
NYS law currently contains no provision for the social services district
paying the subsidy to confirm that the adoptive parent is, in fact,
supporting his or her adopted child. The law also contains no provision
that authorizes courts to suspend, terminate or reduce the adoption
subsidy, or to order that the subsidy be transferred from the adoptive
parent to another individual who is caring for the child. Currently, the
adoption subsidy may be paid to a successor custodian/guardian or the
adoptee, directly, only when the adoptive parent dies. This bill is
necessary to ensure that the subsidy flows to a successor guardian or
custodian, and ultimately benefits the adopted child, in all cases in
which an adoptive parent is no longer providing a home or support for
the child.

This bill is also necessary to ensure that the State is not paying the
subsidy to an adoptive parent and at the same time providing support for
the child through another system - such as foster care, SNAP ("food
stamps"), cash assistance, or shelter placement because the adoptive
parent is not using the subsidy for the care and support of the child.
Enacting this bill to prevent duplicative payments could result in
substantial savings to the State. At any given point in time, there are
at least 150 children in New York City, alone, who has reentered foster
care after adoption. The State is simultaneously paying the adoption
subsidy and the foster care subsidy for these children. Eliminating this
double payment could save a minimum of $12 million.

This bill will ensure that in NYS the adoption subsidy is linked to each
adopted child and permit the subsidy to be transferred if an alternate
adult receives a final order of custody or guardianship for the child.
It will also provide a means for the subsidy to be given directly to
youth or to a payee who has been certified by a local DSS to help the
young person manage the subsidy payments when he or she is over the age
of 18 and no longer receives support from an adoptive parent. Without
unnecessary disruption to families or inappropriate intrusion into fami-
ly life, this Act safeguards funds that the State provides to adoptive
parents to ensure that their adoptive children thrive.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S4055 - Referred to Children and Families

2019-2020: S3562 (Montgomery) - Referred to Children and Families


2017-2018: S6518 (Avella) - Referred to Children and Families; reported
and recommitted to Rules

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that OCA
shall submit to the United States Department of Health and Human
Services, Administration for Children, Youth and Families, an amendment
to the state title IV-E state plan regarding the provisions of this act
and, not withstanding any other provision of law, this act shall not
take effect unless and until ninety days following the date that the
United States Department of Health and Human Services, Administration
for Children, Youth and Families approves a title IV-E state plan amend-
ment regarding the provisions of this act.

2023-S8745 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8745
 
                             I N  S E N A T E
 
                               March 6, 2024
                                ___________
 
 Introduced  by  Sen. PERSAUD -- 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, in  relation  to  the  adoption
   subsidies provided for disabled or hard to place children
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (c) of subdivision 1 of section 453 of the social
 services law, as amended by chapter 83 of the laws of 1995,  is  amended
 and  three  new paragraphs   (c-2), (c-3) and (c-4) are added to read as
 follows:
   (c) No payments may be made pursuant to this subdivision if the social
 services official determines that the adoptive  parents  are  no  longer
 legally  responsible  for  the  support  of the child or the child is no
 longer receiving any support from such parents.  FOR  PURPOSES  OF  THIS
 SECTION:
   (I) "ANY SUPPORT" SHALL BE LIMITED TO SUPPORT THAT IS DIRECTLY FOR THE
 BENEFIT  OF  THE ADOPTED CHILD THAT MEETS THE FOOD, CLOTHING, EDUCATION,
 MEDICAL AND SHELTER NEEDS OF THE ADOPTED CHILD AND THAT HAS AN IDENTIFI-
 ABLE VALUE;
   (II) "NO LONGER LEGALLY RESPONSIBLE FOR  THE  SUPPORT  OF  THE  CHILD"
 MEANS  (A)  THE  CHILD HAS BECOME LEGALLY EMANCIPATED, MARRIED OR JOINED
 THE MILITARY; (B) A COURT HAS RULED THAT THE ADOPTIVE PARENT IS NO LONG-
 ER LEGALLY RESPONSIBLE FOR THE SUPPORT OF THE CHILD; OR (C) THE ADOPTION
 IS NO LONGER LEGALLY VALID BY OPERATION OF LAW.
   (C-1) The social services official on [a  biennial]  AN  ANNUAL  basis
 shall:
   (I) REQUIRE ADOPTIVE PARENTS TO CERTIFY THAT THEY ARE FULFILLING THEIR
 OBLIGATIONS  PURSUANT  TO ANY ADOPTION SUBSIDY AGREEMENT ENTERED INTO IN
 ACCORDANCE WITH THIS SECTION,  INCLUDING  THEIR  OBLIGATION  TO  PROVIDE
 SUPPORT FOR THE CHILD;
   (II)  remind  the adoptive parents of [their obligation] THE FOLLOWING
 OBLIGATIONS, WHICH SHALL ALSO BE INCLUDED IN ANY AGREEMENT ENTERED  INTO
 WITH  AN ADOPTIVE PARENT CONCERNING PAYMENTS MADE FOR THE CARE AND MAIN-
 TENANCE OF THE CHILD PURSUANT TO THIS SECTION:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05003-03-4
 S. 8745                             2
 
   (A) to support the child [and];
   (B) to notify the social services official if the adoptive parents are
 no  longer  providing  any support of the child or are no longer legally
 responsible for the support of the child[.]; AND
   (C) TO NOTIFY THE SOCIAL SERVICES OFFICIAL IF: (I) ANOTHER PERSON  HAS
 BEEN GRANTED PHYSICAL CUSTODY OF THE CHILD; (II) ANOTHER PERSON HAS BEEN
 APPOINTED  GUARDIAN  FOR THE CHILD; OR (III) THE CHILD NO LONGER RESIDES
 WITH THE ADOPTIVE PARENTS.
   (C-2) (I) IF THE ADOPTIVE PARENTS FAIL TO RESPOND TO AN ANNUAL CERTIF-
 ICATION NOTICE WITHIN THIRTY DAYS OF THE RECEIPT  OF  THE  CERTIFICATION
 NOTICE FROM THE SOCIAL SERVICES OFFICIAL OR THE SOCIAL SERVICES OFFICIAL
 RECEIVES  FROM  ANY PERSON INFORMATION THAT PROVIDES REASONABLE CAUSE TO
 SUSPECT THAT THE ADOPTIVE PARENTS ARE NO LONGER PROVIDING ANY SUPPORT TO
 THE CHILD, THE SOCIAL SERVICES OFFICIAL SHALL REVIEW WHETHER  THE  ADOP-
 TIVE  PARENTS  ARE  LEGALLY RESPONSIBLE FOR THE SUPPORT OF THE CHILD AND
 WHETHER THE CHILD IS RECEIVING ANY SUPPORT FROM  THE  ADOPTIVE  PARENTS.
 CIRCUMSTANCES  IN  WHICH THE SOCIAL SERVICES OFFICIAL SHALL CONDUCT THIS
 REVIEW INCLUDE THE FOLLOWING:
   (A) THE CHILD HAS BEEN PLACED IN FOSTER CARE;
   (B) A PERSON ALLEGES TO THE SOCIAL SERVICES OFFICIAL THAT:
   (I) A PERSON OTHER THAN THE ADOPTIVE PARENT  HAS  BEEN  GRANTED  LEGAL
 CUSTODY OF THE CHILD;
   (II) ANOTHER PERSON HAS BEEN APPOINTED GUARDIAN FOR THE CHILD; OR
   (III)  THE  CHILD  IS  REPORTED  TO NO LONGER RESIDE WITH THE ADOPTIVE
 PARENT.
   (II) THE ADOPTIVE PARENTS SHALL BE GIVEN AN OPPORTUNITY TO RESPOND  TO
 THE  NOTICE.  UPON  RECEIVING  CONFIRMATION THAT THE PARENTS CONTINUE TO
 MEET THEIR LEGAL OBLIGATIONS  TO  PROVIDE  SUPPORT  TO  THE  CHILD,  THE
 DEPARTMENT  WILL TAKE NO FURTHER ACTION TO REDUCE, SUSPEND, OR TERMINATE
 THE SUBSIDY. IF THE PARENTS FAIL TO CONFIRM THAT THEY CONTINUE  TO  MEET
 THEIR  LEGAL  OBLIGATIONS  TO  PROVIDE  SUPPORT TO THE CHILD, THE SOCIAL
 SERVICES OFFICIAL SHALL REVIEW ALL AVAILABLE  INFORMATION  IN  ORDER  TO
 CONFIRM THE PARENTS' CONTINUED ELIGIBILITY TO RECEIVE THE SUBSIDY.
   (III) IF THE CHILD IS NOT IN FOSTER CARE AND, BASED ON A REVIEW OF THE
 AVAILABLE  INFORMATION, THE SOCIAL SERVICES OFFICIAL DETERMINES THAT THE
 ADOPTIVE PARENTS ARE NO LONGER LEGALLY RESPONSIBLE FOR  THE  SUPPORT  OF
 THE  CHILD OR THAT THE CHILD IS NO LONGER RECEIVING ANY SUPPORT FROM THE
 ADOPTIVE PARENTS, THE  SOCIAL  SERVICES  OFFICIAL  SHALL  TERMINATE  THE
 ASSISTANCE  PROVIDED  TO  THE ADOPTIVE PARENTS PURSUANT TO THIS SECTION.
 THE ADOPTIVE PARENTS MAY APPEAL THE TERMINATION  OF  ASSISTANCE  TO  THE
 DEPARTMENT IN ACCORDANCE WITH SECTION TWENTY-TWO OF THIS CHAPTER.
   (IV)  IF  THE CHILD IS IN FOSTER CARE AND THE SOCIAL SERVICES OFFICIAL
 DETERMINES THAT THE CHILD IS NO LONGER RECEIVING ANY  SUPPORT  FROM  THE
 ADOPTIVE  PARENTS,  THE SOCIAL SERVICES OFFICIAL MAY REDUCE, SUSPEND, OR
 TERMINATE THE ASSISTANCE PROVIDED TO THE ADOPTIVE  PARENTS  PURSUANT  TO
 THIS SECTION. THE ADOPTIVE PARENTS MAY APPEAL THE TERMINATION OF ASSIST-
 ANCE  TO  THE  DEPARTMENT  IN ACCORDANCE WITH SECTION TWENTY-TWO OF THIS
 CHAPTER. IF ASSISTANCE IS REDUCED, SUSPENDED OR TERMINATED  PURSUANT  TO
 THIS PARAGRAPH AND THE CHILD IS RETURNED FROM FOSTER CARE TO THE CARE OF
 THE  ADOPTIVE PARENTS, THE SOCIAL SERVICES OFFICIAL SHALL RESUME ASSIST-
 ANCE EFFECTIVE FROM THE DATE WHEN THE CHILD WAS RETURNED TO THE ADOPTIVE
 PARENT'S CARE.
   (C-3) IF THE SOCIAL SERVICES OFFICIAL TERMINATES THE ADOPTION  ASSIST-
 ANCE  PROVIDED  TO  ADOPTIVE PARENTS PURSUANT TO PARAGRAPH (C-2) OF THIS
 SUBDIVISION AND THE CHILD RESIDES  WITH  ANOTHER  PERSON  WHO  HAS  BEEN
 GRANTED  PHYSICAL  CUSTODY  OR  APPOINTED  AS GUARDIAN OF THE CHILD, THE
 S. 8745                             3

 SOCIAL SERVICES OFFICIAL SHALL ENTER INTO A WRITTEN  AGREEMENT  TO  MAKE
 ADOPTION  ASSISTANCE  PAYMENTS  TO  THE CUSTODIAN OR GUARDIAN; PROVIDED,
 HOWEVER, THAT NO PERSON SHALL RECEIVE AN ADOPTION  SUBSIDY  PAYMENT  FOR
 ANY CHILD FOR WHOM THEY PREVIOUSLY HAD PARENTAL RIGHTS WHICH WERE TERMI-
 NATED PURSUANT TO A PROCEEDING UNDER SECTION THREE HUNDRED EIGHTY-FOUR-B
 OF  THIS  ARTICLE  OR FOR WHOM THEY PREVIOUSLY HAD PARENTAL RIGHTS WHICH
 WERE SURRENDERED PURSUANT TO A WRITTEN INSTRUMENT EXECUTED IN ACCORDANCE
 WITH SECTION  THREE  HUNDRED  EIGHTY-THREE-C  OF  THIS  ARTICLE.    SUCH
 PAYMENTS SHALL BE MADE RETROACTIVE FROM THE TERMINATION OF ASSISTANCE TO
 THE ADOPTIVE PARENTS PURSUANT TO PARAGRAPH (C-2) OF THIS SUBDIVISION AND
 SHALL  BE  MADE  UNTIL THE CHILD'S TWENTY-FIRST BIRTHDAY. A CUSTODIAN OR
 GUARDIAN WHO RECEIVES ADOPTION  ASSISTANCE  PAYMENTS  PURSUANT  TO  THIS
 PARAGRAPH  SHALL BE SUBJECT TO THE SAME REQUIREMENTS THAT APPLY TO ADOP-
 TIVE PARENTS UNDER THIS SECTION.
   (C-4) IF THE SOCIAL SERVICES OFFICIAL TERMINATES THE ADOPTION  ASSIST-
 ANCE  PROVIDED  TO  ADOPTIVE PARENTS PURSUANT TO PARAGRAPH (C-2) OF THIS
 SUBDIVISION AFTER THE EIGHTEENTH BIRTHDAY AND  BEFORE  THE  TWENTY-FIRST
 BIRTHDAY  OF  THE  ADOPTED  CHILD, AND NO PERSON OTHER THAN THE ADOPTIVE
 PARENTS HAS LEGAL CUSTODY OR  GUARDIANSHIP  OF  THE  CHILD,  THE  SOCIAL
 SERVICES OFFICIAL SHALL MAKE PAYMENTS TO THE CHILD:
   (I) THROUGH DIRECT PAYMENTS TO THE CHILD, IF THE SOCIAL SERVICES OFFI-
 CIAL DETERMINES THE CHILD DEMONSTRATES THE ABILITY TO MANAGE SUCH DIRECT
 PAYMENTS; OR
   (II)  TO A REPRESENTATIVE PAYEE CERTIFIED BY THE SOCIAL SERVICES OFFI-
 CIAL IN ACCORDANCE WITH PARAGRAPH (G) OF THIS SUBDIVISION.
   § 2. Clause (B) of subparagraph (iii) of paragraph (g) of  subdivision
 1  of section 453 of the social services law, as added by chapter 518 of
 the laws of 2006, is amended to read as follows:
   (B) If the twenty-first birthday of the child  occurs  while  awaiting
 the certification of a representative payee, the child shall be entitled
 to retroactive direct payment of subsidy payments since the death of the
 adoptive parent or parents OR THE TERMINATION OF ASSISTANCE TO THE ADOP-
 TIVE  PARENT  OR PARENTS PURSUANT TO PARAGRAPH (C-2) OF THIS SUBDIVISION
 after the eighteenth birthday of the child.
   § 3. Subdivision 2 of section 453  of  the  social  services  law,  as
 amended  by  chapter  83  of  the  laws  of  1995, is amended to read as
 follows:
   2. [The] ANY agreement provided for in subdivision one of this section
 shall be subject to the approval of the department upon the  application
 of  the  social services official; provided, however, that in accordance
 with the regulations of the department, the department may authorize the
 social services official to  approve  or  disapprove  the  agreement  on
 behalf  of  the department. In either situation, if the agreement is not
 approved or disapproved by the social services  official  within  thirty
 days  of  submission,  the  voluntary  authorized  agency may submit the
 agreement directly to the department for approval or disapproval. If the
 agreement is not disapproved in writing by the department within  thirty
 days  after  its  submission  to  the  department,  it  shall  be deemed
 approved. Any such disapproval shall be accompanied by a written  state-
 ment of the reasons therefor.
   § 4. This act shall take effect immediately; provided however that:
   (a)  the  office  of  children and family services shall submit to the
 United States Department of Health and  Human  Services,  Administration
 for  Children,  Youth and Families, an amendment to the state title IV-E
 state plan regarding the provisions of this act;
 S. 8745                             4
 
   (b) notwithstanding any other provision of law,  this  act  shall  not
 take  effect  unless  and  until ninety days following the date that the
 United States Department of Health and  Human  Services,  Administration
 for Children, Youth and Families approves a title IV-E state plan amend-
 ment regarding the provisions of this act; and
   (c) the office of children and family services shall notify the legis-
 lative  bill  drafting  commission upon the occurrence of the submission
 set forth in this section in order that the commission may  maintain  an
 accurate and timely effective data base of the official text of the laws
 of  the  state of New York in furtherance of effectuating the provisions
 of section 44 of the legislative law and  section  70-b  of  the  public
 officers law.
   (d)  Effective  immediately,  the addition, amendment and/or repeal of
 any rule or regulation necessary for the implementation of this  act  on
 its  effective date are authorized to be made and completed on or before
 such effective date.

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