S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4331
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred 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.
              

                                                            LBD01073-01-9

 A. 4331                             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

 A. 4331                             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.