NY State Senate Bill 2017-S6518

Senate Bill S6518

2017-2018 Legislative Session

Relates to the subsidies that may be provided to a parent who adopts a disabled or hard to place child

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Feb 28, 2018	advanced to third reading
Feb 27, 2018	2nd report cal.
Feb 13, 2018	1st report cal.504
Jan 03, 2018	referred to children and families
Jun 06, 2017	reported and committed to rules
May 30, 2017	referred to children and families

Votes

- Feb 13, 2018 - Children And Families Committee Vote
  S6518
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Feb 13, 2018
      
      aye (7)
      
      Avella
      
      Bonacic
      
      Helming
      
      Montgomery
      
      Persaud
      
      Savino
      
      Serino
  Jun 6, 2017 - Children And Families Committee Vote
  S6518
  
  6
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Jun 6, 2017
      
      aye (6)
      
      Avella
      
      Bonacic
      
      Helming
      
      Montgomery
      
      Persaud
      
      Savino
      
      excused (1)
      
      Serino

co-Sponsors

2017-S6518 (ACTIVE) - Details

See Assembly Version of this Bill:: A8313
Current Committee:: Senate Rules
Law Section:: Social Services Law
Laws Affected:: Amd §453, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3562, A4331
2021-2022: S4055, A2477
2023-2024: S8745, A3580

2017-S6518 (ACTIVE) - Summary

Authorizes the social services department to terminate the subsidies that may be provided to a parent who adopts a disabled or hard to place child under certain circumstances.

2017-S6518 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6518

 TITLE OF BILL :  An act to amend the social services law, in relation
to the adoption subsidies provided for disabled or hard to place
children

 PURPOSE OR GENERAL IDEA OF BILL :  Relates to the subsidies that may
be provided to a parent to who adopts a disabled or hard to place
child.

 SUMMARY OF PROVISIONS :

Amends paragraph (c) of subdivision 1 of § 453 of the social services
law, and adds four new paragraphs (c-2) (c-3), (c-4) and (c-5).

Paragraph (c) is amended to specify that "any support" shall be
limited to support that is a direct benefit for the adopted child,
that meets their basic needs, and also clarifies the meaning of the
term "no longer legally responsible for the support of the child".

Paragraph (c-1) is amended to simply require basic certification by
the adoptive parents that they are fulfilling their obligations
pursuant to any adoption subsidy agreement on an annual, rather than
biennial basis, and also reminds the adoptive parents of their
obligation to notify the local department of social services if
another person has been granted custody of, appointed guardianship of,

or if the child no longer resides with the adoptive parent.

New paragraph (c-2) states that social services officials may contact
the adopted parents for failure to respond to annual certification
notices, and require the adoptive parent to produce evidence of
support as a basis of continued subsidy payments.

New paragraph (c-3) allows that if a social services official receives
reasonable cause to suspect the adoptive parent is no longer providing
support, for a variety of circumstances, that they may review whether
the adoptive parents are legally responsible for support of the child.

New paragraph (c-4) specifies that the social services official may
enter into an agreement with a new custodian or guardian of the child
to make adoption assistance payments to the custodian or guardian
until the child's twenty-first birthday.

New paragraph (c-5) states that if the social services official
terminates the the adoption assistance subsidy to the adoptive parents
prior to the child's 21' birthday, and no other person has legal
guardianship, the social services official shall make payments to the
child via direct payments; or to a representative payee certified by
the social services official.

 JUSTIFICATION :

New York State Social Services Law Section 453 provides assistance, in
the form of a monthly subsidy, to help adoptive parents meet the
varied and often costly needs of children who are adopted out of
foster care. These subsidy payments* are made to the adoptive parents
of children who fall within the definition of "handicapped" and "hard
to place." Payments can total up to $1,941 per month per adopted child
and continue until the child's twenty-first birthday.** In New York
State, 97.8 percent of parents who adopt children from foster care
receive the adoption subsidy.***

Most adoptive parents use the subsidy as it was intended - for the
benefit, support and care of the adopted children in a permanent,
safe, stable, and loving home. In some cases, however, the subsidy is
paid to adoptive parents who are neither providing a home nor support
for his or her adopted child. A number of these are instances in which
the children have returned to foster care (on voluntary placement,
abuse or neglect charges, PINS petitions). In 2015, the New York City
Administration for Children's Services ("ACS") confirmed this to be
the case. Then-Commissioner Gladys Carrion reported that in a single
month during the previous year ACS had paid the adoption subsidy for
143 adopted children who were, at the time of payment, back in foster
care.****

The Commissioner's statistic, which she deemed "alarming," does not
fully capture the extent of the problem, as it only accounts for
payments made within New York City and does not include cases in which
a court granted custody or guardianship to another adult (due to the
inability or unwillingness of the adoptive parent to continue to care
for the child), or cases in which the children find themselves forced
to live on their own before turning 21. Notably, the latter results in
a number of young people becoming homeless or suffering housing
instability.*****

Notwithstanding the intent of the adoption subsidy to benefit the
child, NYS law currently contains no provision for the social services
district paying the subsidy to confirm that the adoptive parent is, in
fact, supporting his or her adopted child. The law also contains no
provision that authorizes courts to suspend, terminate or reduce the
adoption subsidy, or to order that the subsidy be transferred from the
adoptive parent to another individual who is caring for the child.
Currently, the adoption subsidy may be paid to a successor
custodian/guardian or to the adoptee, directly, only when the adoptive
parent dies. This bill is necessary to ensure that the subsidy flows
to a successor guardian or custodian, and ultimately benefits the
adopted child, in all cases in which an adoptive parent is no longer
providing a home or support for the child.

This bill is also necessary to ensure that the State is not paying the
subsidy to an adoptive parent and at the same time providing support
for the child through another system - such as foster care, SNAP
("food stamps"), cash assistance, or shelter placement because the
adoptive parent is not using the subsidy for the care and support of
the child. Enacting this bill to prevent duplicative payments could
result in substantial savings to the State. At any given point in
time, there are at least 150 children in New York City, alone, who
have reentered foster care after adoption. The State is simultaneously
paying the adoption subsidy and the foster care subsidy for these
children. Eliminating this double payment could save a minimum of $12
million.******

This bill will ensure that in NYS the adoption subsidy is linked to
each adopted child and permit the subsidy to be transferred in the
event that an alternate adult receives a final order of custody or
guardianship for the child. It will also provide a means for the
subsidy to be given directly to a youth or to a payee who has been
certified by a local DSS in order to help the young person manage the
subsidy payments when he or she is over the age of 18 and no longer
receives support from an adoptive parent. Without unnecessary
disruption to families or inappropriate intrusion into family life,
this Act safeguards funds that the State provides to adoptive parents
in order to ensure that their adoptive children thrive.

 FISCAL IMPLICATIONS :

The bill will result in a significant savings to the State by
eliminating duplicative payments for adopted. children.

 EFFECTIVE DATE :
This act shall take effect immediately
*Payments are made to adoptive parents pursuant to Social Services Law
Section 453. The subsidy is comprised of funding from federal, state,
& local sources. Approximately 50% of the funds are federal, 31%
state, and 19% are from individual counties.
**"Maximum State Aid Rates for Foster Boarding Home Payments, Adoption
Subsidies, and KinGAP Assistance Payments 2015-16 Rate Year (April 1,
2016 - June 30, 2016)," The Office of Child and Family Services,
http://ocfs.ny.gov/ main/Rates/FosterCare/Rates/160608%2OFBH%20
Rates%20160401-160630.pdf (last visited Dec. 16, 2016); see also Soc.
Serv. § 453.
***"Receiving Adoption Subsidy: October 1, 2013 to September 30, 2014
(FY 2014)," U.S. Department of Health and Human Services,
Administration for Children and Families, Administration on Children,
Youth and Families, Children's Bureau, (July 2015)
https://www.acf.hhs.gov/sites/default/files/
cb/adoption_subsidy2014.pdf.
****Gladys Carrion, Letter to Kathleen McHugh of the US Department of
Health and Human Services, Administration for Children and Families,
at 2 (June 15, 2015), https://assets.documentcloud.org/
documents/2680481/The-NYC-Administration- for-Children-sServices.pdf.
*****Covenant House NY, a shelter which serves youth ages 16 -21 in
NYC, conducted a four-month survey of youth that they encounter in
their shelter. As a result of that survey, Covenant House approximated
that each year they serve over 120 youth who had been adopted, but
were no longer able to live with their adoptive parent.
******Lawyers for Children, a law office that represents children in
NYC foster care, determined that at a single, typical, point in time,
approximately 150 of its clients had reentered foster care following
an adoption. On average, these children re-entered foster care at age
14 and remained in placement for 5 years- until they reached
adulthood. The $12m in savings is based upon 150 children spending an
average of 5 years in foster care while the adoptive parents continued
to receive an average of $1,300 p/m

2017-S6518 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6518
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 30, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- 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  the  adoption
   subsidies provided for disabled or hard to place children
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 1 of section 453 of the social
 services law, as amended by chapter 83 of the laws of 1995,  is  amended
 and four new paragraphs  (c-2), (c-3), (c-4) and (c-5) are added to read
 as follows:
   (c) No payments may be made pursuant to this subdivision if the social
 services  official  determines  that  the adoptive parents are no longer
 legally responsible for the support of the child  or  the  child  is  no
 longer  receiving  any  support  from such parents. FOR PURPOSES OF THIS
 SECTION:
   (I) "ANY SUPPORT" SHALL BE LIMITED TO SUPPORT THAT IS DIRECTLY FOR THE
 BENEFIT OF THE ADOPTED CHILD THAT MEETS THE FOOD,  CLOTHING,  EDUCATION,
 MEDICAL AND SHELTER NEEDS OF THE ADOPTED CHILD AND THAT HAS AN IDENTIFI-
 ABLE VALUE;
   (II)  "NO  LONGER  LEGALLY  RESPONSIBLE  FOR THE SUPPORT OF THE CHILD"
 MEANS (A) THE CHILD HAS BECOME LEGALLY EMANCIPATED,  MARRIED  OR  JOINED
 THE  MILITARY;  OR  (B) A COURT HAS RULED THAT THE ADOPTIVE PARENT IS NO
 LONGER LEGALLY RESPONSIBLE FOR THE SUPPORT OF THE CHILD.
   (C-1) The social services official on [a  biennial]  AN  ANNUAL  basis
 shall:
   (I) REQUIRE ADOPTIVE PARENTS TO CERTIFY THAT THEY ARE FULFILLING THEIR
 OBLIGATIONS  PURSUANT  TO ANY ADOPTION SUBSIDY AGREEMENT ENTERED INTO IN
 ACCORDANCE WITH THIS SECTION,  INCLUDING  THEIR  OBLIGATION  TO  PROVIDE
 SUPPORT FOR THE CHILD;
   (II)  remind  the adoptive parents of [their obligation] THE FOLLOWING
 OBLIGATIONS, WHICH SHALL ALSO BE INCLUDED IN ANY AGREEMENT ENTERED  INTO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11815-02-7

 S. 6518                             2
 
 WITH  AN ADOPTIVE PARENT CONCERNING PAYMENTS MADE FOR THE CARE AND MAIN-
 TENANCE OF THE CHILD PURSUANT TO THIS SECTION:
   (A) to support the child [and];
   (B) to notify the social services official if the adoptive parents are
 no  longer  providing  any support of the child or are no longer legally
 responsible for the support of the child[.]; AND
   (C) TO NOTIFY THE SOCIAL SERVICES OFFICIAL IF: (I) ANOTHER PERSON  HAS
 BEEN GRANTED PHYSICAL CUSTODY OF THE CHILD; (II) ANOTHER PERSON HAS BEEN
 APPOINTED  GUARDIAN  FOR THE CHILD; OR (III) THE CHILD NO LONGER RESIDES
 WITH THE ADOPTIVE PARENT.
   (C-2) IF THE ADOPTIVE PARENT FAILS TO RESPOND  TO  AN  ANNUAL  CERTIF-
 ICATION  NOTICE  WITHIN  THIRTY DAYS OF THE RECEIPT OF THE CERTIFICATION
 NOTICE FROM THE SOCIAL SERVICES OFFICIAL, THE SOCIAL  SERVICES  OFFICIAL
 MAY:
   (I)(A)  CONTACT THE ADOPTIVE PARENT BY LETTER, TELEPHONE OR ELECTRONIC
 MEANS; OR (B) IF OTHER MEANS OF CONTACT HAVE NOT BEEN SUCCESSFUL,  VISIT
 THE HOME OF THE ADOPTIVE PARENT; AND
   (II)  REQUIRE THE ADOPTIVE PARENT, AS A CONDITION FOR THE CONTINUATION
 OF THE SUBSIDY PAYMENTS, TO PRODUCE EVIDENCE  OF  THE  SUPPORT  THAT  IS
 BEING PROVIDED ON BEHALF OF THE ADOPTED CHILD.
   (C-3)  (I)  IF  THE  SOCIAL SERVICES OFFICIAL RECEIVES FROM ANY PERSON
 INFORMATION THAT PROVIDES REASONABLE CAUSE TO SUSPECT THAT THE  ADOPTIVE
 PARENT  IS  NO  LONGER  PROVIDING  ANY  SUPPORT TO THE CHILD, THE SOCIAL
 SERVICES OFFICIAL SHALL REVIEW WHETHER THE ADOPTIVE PARENTS ARE  LEGALLY
 RESPONSIBLE  FOR  THE  SUPPORT  OF  THE  CHILD  AND WHETHER THE CHILD IS
 RECEIVING ANY SUPPORT FROM THE ADOPTIVE PARENTS.  CIRCUMSTANCES IN WHICH
 THE SOCIAL SERVICES OFFICIAL  SHALL  CONDUCT  THIS  REVIEW  INCLUDE  THE
 FOLLOWING:
   (A) THE CHILD HAS BEEN PLACED IN FOSTER CARE;
   (B) A PERSON ALLEGES TO THE SOCIAL SERVICES OFFICIAL THAT:
   (I)  A  PERSON  OTHER  THAN THE ADOPTIVE PARENT HAS BEEN GRANTED LEGAL
 CUSTODY OF THE CHILD;
   (II) ANOTHER PERSON HAS BEEN APPOINTED GUARDIAN FOR THE CHILD, OR
   (III) THE CHILD IS FOUND TO NO LONGER RESIDE WITH THE ADOPTIVE PARENT.
   (II) IN CONDUCTING THE REVIEW DESCRIBED IN THIS PARAGRAPH, THE  SOCIAL
 SERVICES OFFICIAL MAY:
   (A)  CONTACT  THE ADOPTIVE PARENT BY LETTER, TELEPHONE, ELECTRONIC, OR
 OTHER MEANS;
   (B) VISIT THE HOME OF THE ADOPTIVE PARENT; AND
   (C) REQUIRE THE ADOPTIVE PARENT, AS A CONDITION FOR  THE  CONTINUATION
 OF  THE  SUBSIDY  PAYMENTS,  TO  PRODUCE EVIDENCE OF THE SUPPORT THAT IS
 BEING PROVIDED ON BEHALF OF THE ADOPTED CHILD.
   (III) IF THE CHILD IS NOT IN FOSTER CARE AND THE SOCIAL SERVICES OFFI-
 CIAL DETERMINES THAT THE ADOPTIVE PARENTS ARE NO LONGER LEGALLY  RESPON-
 SIBLE  FOR  THE  SUPPORT  OF  THE  CHILD  OR THAT THE CHILD IS NO LONGER
 RECEIVING ANY SUPPORT FROM THE ADOPTIVE  PARENTS,  THE  SOCIAL  SERVICES
 OFFICIAL SHALL TERMINATE THE ASSISTANCE PROVIDED TO THE ADOPTIVE PARENTS
 PURSUANT  TO  THIS SECTION.   THE ADOPTIVE PARENTS MAY APPEAL THE TERMI-
 NATION OF ASSISTANCE TO THE DEPARTMENT IN ACCORDANCE WITH SECTION  TWEN-
 TY-TWO OF THIS CHAPTER.
   (IV)  IF  THE CHILD IS IN FOSTER CARE AND THE SOCIAL SERVICES OFFICIAL
 DETERMINES THAT THE CHILD IS NO LONGER RECEIVING ANY  SUPPORT  FROM  THE
 ADOPTIVE  PARENTS,  THE SOCIAL SERVICES OFFICIAL MAY REDUCE, SUSPEND, OR
 TERMINATE THE ASSISTANCE PROVIDED TO THE ADOPTIVE  PARENTS  PURSUANT  TO
 THIS SECTION. THE ADOPTIVE PARENTS MAY APPEAL THE TERMINATION OF ASSIST-
 ANCE  TO  THE  DEPARTMENT  IN ACCORDANCE WITH SECTION TWENTY-TWO OF THIS

 S. 6518                             3
 
 CHAPTER. IF ASSISTANCE IS REDUCED, SUSPENDED OR TERMINATED  PURSUANT  TO
 THIS PARAGRAPH AND THE CHILD IS RETURNED FROM FOSTER CARE TO THE CARE OF
 THE  ADOPTIVE PARENTS, THE SOCIAL SERVICES OFFICIAL SHALL RESUME ASSIST-
 ANCE EFFECTIVE FROM THE DATE WHEN THE CHILD WAS RETURNED TO THE ADOPTIVE
 PARENT'S CARE.
   (C-4)  IF THE SOCIAL SERVICES OFFICIAL TERMINATES THE ADOPTION ASSIST-
 ANCE PROVIDED TO ADOPTIVE PARENTS PURSUANT  TO  PARAGRAPH  (C-THREE)  OF
 THIS  SUBDIVISION AND THE CHILD RESIDES WITH ANOTHER PERSON WHO HAS BEEN
 GRANTED PHYSICAL CUSTODY OR APPOINTED AS  GUARDIAN  OF  THE  CHILD,  THE
 SOCIAL  SERVICES  OFFICIAL  SHALL ENTER INTO A WRITTEN AGREEMENT TO MAKE
 ADOPTION ASSISTANCE PAYMENTS TO THE CUSTODIAN OR GUARDIAN. SUCH PAYMENTS
 SHALL BE MADE RETROACTIVE FROM THE  TERMINATION  OF  ASSISTANCE  TO  THE
 ADOPTIVE PARENTS PURSUANT TO PARAGRAPH (C-THREE) OF THIS SUBDIVISION AND
 SHALL  BE  MADE  UNTIL THE CHILD'S TWENTY-FIRST BIRTHDAY. A CUSTODIAN OR
 GUARDIAN WHO RECEIVES ADOPTION  ASSISTANCE  PAYMENTS  PURSUANT  TO  THIS
 PARAGRAPH  SHALL BE SUBJECT TO THE SAME REQUIREMENTS THAT APPLY TO ADOP-
 TIVE PARENTS UNDER THIS SECTION.
   (C-5) IF THE SOCIAL SERVICES OFFICIAL TERMINATES THE ADOPTION  ASSIST-
 ANCE  PROVIDED  TO  ADOPTIVE  PARENTS PURSUANT TO PARAGRAPH (C-THREE) OF
 THIS SUBDIVISION AFTER THE EIGHTEENTH BIRTHDAY AND  BEFORE  THE  TWENTY-
 FIRST  BIRTHDAY OF THE ADOPTED CHILD, AND NO PERSON OTHER THAN THE ADOP-
 TIVE PARENTS HAS LEGAL CUSTODY OR GUARDIANSHIP OF THE CHILD, THE  SOCIAL
 SERVICES OFFICIAL SHALL MAKE PAYMENTS TO THE CHILD:
   (I) THROUGH DIRECT PAYMENTS TO THE CHILD, IF THE SOCIAL SERVICES OFFI-
 CIAL DETERMINES THE CHILD DEMONSTRATES THE ABILITY TO MANAGE SUCH DIRECT
 PAYMENTS; OR
   (II)  TO A REPRESENTATIVE PAYEE CERTIFIED BY THE SOCIAL SERVICES OFFI-
 CIAL IN ACCORDANCE WITH PARAGRAPH (G) OF THIS SUBDIVISION.
   § 2. Clause (B) of subparagraph (iii) of paragraph (g) of  subdivision
 1  of section 453 of the social services law, as added by chapter 518 of
 the laws of 2006, is amended to read as follows:
   (B) If the twenty-first birthday of the child  occurs  while  awaiting
 the certification of a representative payee, the child shall be entitled
 to retroactive direct payment of subsidy payments since the death of the
 adoptive parent or parents OR THE TERMINATION OF ASSISTANCE TO THE ADOP-
 TIVE  PARENT OR PARENTS PURSUANT TO PARAGRAPH (C-THREE) OF THIS SUBDIVI-
 SION after the eighteenth birthday of the child.
   § 3. Subdivision 2 of section 453  of  the  social  services  law,  as
 amended  by  chapter  83  of  the  laws  of  1995, is amended to read as
 follows:
   2. [The] ANY agreement provided for in subdivision one of this section
 shall be subject to the approval of the department upon the  application
 of  the  social services official; provided, however, that in accordance
 with the regulations of the department, the department may authorize the
 social services official to  approve  or  disapprove  the  agreement  on
 behalf  of  the department. In either situation, if the agreement is not
 approved or disapproved by the social services  official  within  thirty
 days  of  submission,  the  voluntary  authorized  agency may submit the
 agreement directly to the department for approval or disapproval. If the
 agreement is not disapproved in writing by the department within  thirty
 days  after  its  submission  to  the  department,  it  shall  be deemed
 approved. Any such disapproval shall be accompanied by a written  state-
 ment of the reasons therefor.
   § 4. This act shall take effect immediately.

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Senate Bill S6518

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Tony Avella