Bill Text: NY A07554 | 2017-2018 | General Assembly | Amended

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Bill Title: Clarifies the definition of "prospective relative guardian" for purposes of subsidized kinship guardianship assistance.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2017-06-19 - substituted by s4833a [A07554 Detail]

Download: New_York-2017-A07554-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         7554--A
                                                                Cal. No. 468
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                       May 2, 2017
                                       ___________
        Introduced  by  M.  of A. HEVESI, JAFFEE, HARRIS, FAHY -- (at request of
          the Office of Court Administration) -- read once and referred  to  the
          Committee  on  Children  and  Families  --  reported  from  committee,
          advanced to a third reading, amended and ordered reprinted,  retaining
          its place on the order of third reading
        AN  ACT  to amend the social services law, in relation to eligibility of
          children for subsidized kinship guardianship  assistance  to  expedite
          permanency for foster children before the family court
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 3 of section 458-a of the social services  law,
     2  as  added  by  section 4 of part F of chapter 58 of the laws of 2010, is
     3  amended to read as follows:
     4    3. "Prospective relative guardian" shall mean a  person  [or  persons]
     5  who  [is  related to the child through blood, marriage, or adoption who]
     6  has been caring for the child as a fully certified  or  approved  foster
     7  parent for at least six consecutive months prior to applying for kinship
     8  guardianship assistance payments and who:
     9    (a) is related to the child through blood, marriage, or adoption; or
    10    (b)  is related to a half-sibling of the child through blood, marriage
    11  or adoption and where such person or persons is or are also the prospec-
    12  tive or appointed relative guardian or guardians of  such  half-sibling;
    13  or
    14    (c)  is  an adult with a positive relationship with the child, includ-
    15  ing, but not limited to, a step-parent, godparent,  neighbor  or  family
    16  friend.
    17    §  2.  Paragraph  (a)  of subdivision 7 of section 458-b of the social
    18  services law, as added by section 4 of part F of chapter 58 of the  laws
    19  of 2010, is amended to read as follows:
    20    (a)  Kinship  guardianship  assistance  payments  shall be made to the
    21  relative guardian or guardians until  the  child's  eighteenth  birthday
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10178-02-7
        A. 7554--A                          2
     1  or[, if the child had attained sixteen years of age before the agreement
     2  became  effective,]  until  the  child  attains  twenty-one years of age
     3  provided the child consented upon attaining the age of eighteen and  is:
     4  (i) completing secondary education or a program leading to an equivalent
     5  credential;  (ii)  enrolled in an institution which provides post-secon-
     6  dary or vocational education; (iii) employed for at least  eighty  hours
     7  per  month;  (iv)  participating  in  a  program or activity designed to
     8  promote, or remove barriers to, employment; or (v) incapable of  any  of
     9  such  activities  due  to  a  medical  condition,  which incapability is
    10  supported by regularly updated information  in  the  case  plan  of  the
    11  child.
    12    § 3. This act shall take effect immediately; provided however that:
    13    (a)  the  state  title  IV-E  agency shall submit to the United States
    14  Department of Health and Human Services,  Administration  for  Children,
    15  Youth  and  Families,  an  amendment  to the state title IV-E state plan
    16  regarding the provisions of this act;
    17    (b) notwithstanding any other provision of law,  this  act  shall  not
    18  take  effect  until sixty days following the date that the United States
    19  Department of Health and Human Services,  Administration  for  Children,
    20  Youth  and Families approves a title IV-E state plan amendment regarding
    21  the provisions of this act that are eligible for title  IV-E  reimburse-
    22  ment;
    23    (c) the office of children and family services shall notify the legis-
    24  lative  bill  drafting commission upon the occurrence of the approval of
    25  the amended plan pursuant to subdivision (b) of this  section  in  order
    26  that  the  commission may maintain an accurate and timely effective data
    27  base of the official text of the laws of the state of New York in furth-
    28  erance of effectuating the provisions of section 44 of  the  legislative
    29  law and section 70-b of the public officers law; and
    30    (d) the addition, amendment or repeal of any rule or regulation neces-
    31  sary  for  the  implementation  of  the  kinship guardianship assistance
    32  program as authorized under this act on its effective date is authorized
    33  to be made and completed on or before such effective date.