Bill Text: NY S07054 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-06-04 - referred to judiciary [S07054 Detail]

Download: New_York-2023-S07054-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7054--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 17, 2023
                                       ___________

        Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
          when printed to be committed to the Committee on Judiciary  --  recom-
          mitted to the Committee on Judiciary in accordance with Senate Rule 6,
          sec.  8  --  committee  discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        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:

     1    Section  1.  Subdivision  2 of section 413 of the family court act, as
     2  added by chapter 745 of the laws of 1984, is amended to read as follows:
     3    2. (a) Nothing in this article  shall  impose  any  liability  upon  a
     4  person  to  support  the  adopted  child  of  [his or her] such person's
     5  spouse, if such child was adopted after the adopting  spouse  is  living
     6  separate  and  apart  from the non-adopting spouse pursuant to a legally
     7  recognizable separation agreement or decree under the domestic relations
     8  law. Such liability shall not be imposed for  so  long  as  the  spouses
     9  remain separate and apart after the adoption.
    10    (b)  Nothing  in this article shall impose any liability upon a person
    11  to support a child who is placed in foster care pursuant to an  approved
    12  application  for  foster  care  maintenance  order  issued by a court of
    13  competent jurisdiction, pursuant to any application  for  support  under
    14  this  article,  except  where a court has found a child was subjected to
    15  aggravated circumstances as defined in subdivision (j)  of  section  one
    16  thousand twelve of this chapter.
    17    (c)  Notwithstanding paragraph (b) of this subdivision, such liability
    18  shall not be imposed if it will adversely affect the health,  safety  or
    19  welfare  of  the  child  on whose behalf such payments are to be made or
    20  other persons in the child's household  or  will  adversely  affect  the
    21  length  of  the  child's placement or impair the ability of the child to
    22  return home when discharged from foster care.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08914-02-4
        S. 7054--A                          2

     1    (d) No county or local social services district shall cause a referral
     2  to be sent for the purpose of commencing collection of child support for
     3  a child placed in foster care unless such county or district has  reason
     4  to believe liability may be imposed under paragraph (b) of this subdivi-
     5  sion.
     6    §  2.  The office of children and family services shall promulgate any
     7  rules and regulations necessary to carry out the provisions of this act.
     8  The office of temporary and disability assistance shall  promulgate  any
     9  rules and regulations necessary to carry out the provisions of this act.
    10    § 3. This act shall take effect on the ninetieth day  after  it  shall
    11  have become a law.