Do you support this bill?

Senate Bill S9771

2025-2026 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

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

co-Sponsors

2025-S9771 (ACTIVE) - Details

See Assembly Version of this Bill:
A1036
Current Committee:
Senate Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §413, Fam Ct Act
Versions Introduced in 2023-2024 Legislative Session:
S7054, A4027

2025-S9771 (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.

2025-S9771 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9771
 
                             I N  S E N A T E
 
                               April 6, 2026
                                ___________
 
 Introduced  by Sens. SEPULVEDA, MAYER -- 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] 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
 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.