S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1036
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. KIM, WILLIAMS, BENDETT, HEVESI, SIMONE, STECK --
   Multi-Sponsored by -- M. of A. K. BROWN -- 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]  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.
   (D) NO COUNTY OR LOCAL SOCIAL SERVICES DISTRICT SHALL CAUSE A REFERRAL
 TO BE SENT FOR THE PURPOSE OF COMMENCING COLLECTION OF CHILD SUPPORT FOR
 A  CHILD PLACED IN FOSTER CARE UNLESS SUCH COUNTY OR DISTRICT HAS REASON
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00935-01-5
              

 A. 1036                             2
 
 TO BELIEVE LIABILITY MAY BE IMPOSED UNDER PARAGRAPH (B) OF THIS SUBDIVI-
 SION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. 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.