Bill Text: NY S09008 | 2023-2024 | General Assembly | Introduced
Bill Title: Increases the time frame for payments of certain expenses by adoptive parents to 180 days prior to birth and 45 days after birth.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-06-05 - referred to social services [S09008 Detail]
Download: New_York-2023-S09008-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9008 IN SENATE April 9, 2024 ___________ Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the social services law, in relation to payments of certain expenses by adoptive parents The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 6 of section 374 of the social services law, as 2 amended by chapter 305 of the laws of 2008, is amended to read as 3 follows: 4 6. (a) An authorized agency, as defined in paragraphs (a) and (c) of 5 subdivision ten of section three hundred seventy-one of this title, may 6 charge or accept a fee or other compensation to or from a person or 7 persons with whom it has placed out a child, for the reasonable and 8 necessary expenses of such placement; and no agency, association, corpo- 9 ration, institution, society or organization, except such an authorized 10 agency, and no person may or shall request, accept or receive any 11 compensation or thing of value, directly or indirectly, in connection 12 with the placing out or adoption of a child or for assisting a birth 13 parent, relative or guardian of a child in arranging for the placement 14 of the child for the purpose of adoption; and no person may or shall pay 15 or give to any person or to any agency, association, corporation, insti- 16 tution, society or organization, except such an authorized agency, any 17 compensation or thing of value in connection with the placing out or 18 adoption of a child or for assisting a birth parent, relative or guardi- 19 an of a child in arranging for the placement of the child for the 20 purpose of adoption. The prohibition set forth in this section applies 21 to any adoptive placement activity involving a child born in New York 22 state or brought into this state or involving a New York resident seek- 23 ing to bring a child into New York state for the purpose of adoption. 24 (b) This subdivision shall not be construed to prevent the payment of 25 salaries or other compensation by an authorized agency to the officers 26 or employees thereof; nor shall it be construed to prevent the payment 27 by a person with whom a child has been placed out of reasonable and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15179-01-4S. 9008 2 1 actual medical fees or hospital charges for services rendered in 2 connection with the birth of such child or of other necessary expenses 3 incurred by the birth mother in connection with or as a result of her 4 pregnancy or the birth of the child, or of reasonable and actual nurs- 5 ing, medical or hospital fees for the care of such child, if such 6 payment is made to the physician, nurse or hospital who or which 7 rendered the services or to the birth mother of the child, or to prevent 8 the receipt of such payment by such physician, nurse, hospital or birth 9 mother. This subdivision shall not be construed to prevent the payment 10 by an adoptive parent, as defined in section one hundred nine of the 11 domestic relations law, of the birth mother's reasonable and actual 12 expenses for housing, maternity clothing, clothing for the child and 13 transportation for a reasonable period not to exceed [sixty] one hundred 14 eighty days prior to the birth and the later of [thirty] forty-five days 15 after the birth or [thirty] forty-five days after the parental consent 16 to the adoption, unless a court determines, in writing, that exceptional 17 circumstances exist which require the payment of the birth mother's 18 expenses beyond the time periods stated in this sentence. This subdivi- 19 sion shall not be construed to prevent the payment by an adoptive 20 parent, as defined in section one hundred nine of the domestic relations 21 law, of reasonable and actual legal fees charged for consultation and 22 legal advice, preparation of papers and representation and other legal 23 services rendered in connection with an adoption proceeding or of neces- 24 sary disbursements incurred for or in an adoption proceeding. No attor- 25 ney or law firm shall serve as the attorney for, or provide any legal 26 services to both the birth parent and adoptive parent in regard to the 27 placing out of a child for adoption or in an adoption proceeding. No 28 attorney or law firm shall serve as the attorney for, or provide any 29 legal services to, both an authorized agency and adoptive parent or both 30 an authorized agency and birth parent where the authorized agency 31 provides adoption services to such birth parent or adoptive parent, 32 where the authorized agency provides foster care for the child, or where 33 the authorized agency is directly or indirectly involved in the placing 34 out of such child for adoption. 35 § 2. This act shall take effect on the thirtieth day after it shall 36 have become a law. Effective immediately, the addition, amendment and/or 37 repeal of any rule or regulation necessary for the implementation of 38 this act on its effective date are authorized to be made and completed 39 on or before such effective date.
