Bill Text: NY A08841 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to a living allowance for adults with developmental disabilities; provides that a determination made pursuant to this section that the person is or is not developmentally disabled, as defined in subdivision twenty-two of section 1.03 of the mental hygiene law, shall not be binding on the state, a local government or the person for any other purpose, including determinations of eligibility for services authorized by the office for people with developmental disabilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-07 - substituted by s7794 [A08841 Detail]
Download: New_York-2021-A08841-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8841 IN ASSEMBLY January 13, 2022 ___________ Introduced by M. of A. WOERNER -- read once and referred to the Commit- tee on Judiciary AN ACT to amend the domestic relations law and the family court act, in relation to establishing a living allowance for adults with develop- mental disabilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 5 of section 240-d of the domestic relations 2 law, as added by a chapter of the laws of 2021 amending the domestic 3 relations law and the family court act relating to establishing a living 4 allowance for adults with developmental disabilities, as proposed in 5 legislative bills numbers S. 4467-B and A. 898-B, is amended and a new 6 subdivision 6 is added to read as follows: 7 5. Except where inconsistent with this section, all provisions of this 8 article relating to orders of child support shall apply to all orders of 9 support for adults with developmental disabilities; provided, however, 10 that such orders shall not be eligible for services pursuant to section 11 one hundred eleven-g of the social services law. 12 6. A determination made pursuant to this section that the person is or 13 is not developmentally disabled, as defined in subdivision twenty-two of 14 section 1.03 of the mental hygiene law, shall not be binding on the 15 state, a local government or the person for any other purpose, including 16 determinations of eligibility for services authorized by the office for 17 people with developmental disabilities. 18 § 2. Subdivision 5 of section 413-b of the family court act, as added 19 by a chapter of the laws of 2021 amending the domestic relations law and 20 the family court act relating to establishing a living allowance for 21 adults with developmental disabilities, as proposed in legislative bills 22 numbers S. 4467-B and A. 898-B, is amended and a new subdivision 6 is 23 added to read as follows: 24 5. Except where inconsistent with this section, all provisions of this 25 article relating to orders of child support shall apply to all orders of 26 support for adults with developmental disabilities; provided, however, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08323-05-2A. 8841 2 1 that such orders shall not be eligible for services pursuant to section 2 one hundred eleven-g of the social services law. 3 6. A determination made pursuant to this section that the person is or 4 is not developmentally disabled, as defined in subdivision twenty-two of 5 section 1.03 of the mental hygiene law, shall not be binding on the 6 state, a local government or the person for any other purpose, including 7 determinations of eligibility for services authorized by the office for 8 people with developmental disabilities. 9 § 3. This act shall take effect on the same date and in the same 10 manner as a chapter of the laws of 2021 amending the domestic relations 11 law and the family court act relating to establishing a living allowance 12 for adults with developmental disabilities, as proposed in legislative 13 bills numbers S. 4467-B and A. 898-B, takes effect.