NY State Senate Bill 2019-S3562

Senate Bill S3562

2019-2020 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Children And Families 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to children and families
Feb 08, 2019	referred to children and families

co-Sponsors

2019-S3562 (ACTIVE) - Details

See Assembly Version of this Bill:: A4331
Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §453, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6518, A8313
2021-2022: S4055, A2477
2023-2024: S8745, A3580

2019-S3562 (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.

2019-S3562 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3562

SPONSOR: MONTGOMERY
 
TITLE OF BILL:  An act to amend the social services law, in relation
to the adoption subsidies provided for disabled or hard to place chil-
dren

 
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 S 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 termi-
nates 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 bene-
fit, 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-Commis-
sioner Gladys Carrion reported that in a single month during the previ-
ous 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 instabili-
ty.*****

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 adop-
tive 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 eliminat-
ing 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/160608t2OFEHt20
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 Fami-
lies, 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

2019-S3562 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3562
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2019
                                ___________
 
 Introduced by Sens. MONTGOMERY, PERSAUD -- read twice and ordered print-
   ed,  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;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01073-01-9

 S. 3562                             2
 
   (II)  remind  the adoptive parents of [their obligation] THE FOLLOWING
 OBLIGATIONS, WHICH SHALL ALSO BE INCLUDED IN ANY AGREEMENT ENTERED  INTO
 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

 S. 3562                             3
 
 THIS SECTION. THE ADOPTIVE PARENTS MAY APPEAL THE TERMINATION OF ASSIST-
 ANCE  TO  THE  DEPARTMENT  IN ACCORDANCE WITH SECTION TWENTY-TWO OF THIS
 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S3562

Share this bill

Sponsored By

Velmanette Montgomery