Assembly Bill A8841

Signed By Governor
2021-2022 Legislative Session

Establishes a living allowance for adults with developmental disabilities

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Archive: Last Bill Status Via S7794 - Signed by Governor

  • 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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2021-A8841 (ACTIVE) - Details

See Senate Version of this Bill:
S7794
Law Section:
Domestic Relations Law
Laws Affected:
Amd §240-d, Dom Rel L; amd §413-b, Fam Ct Act (as proposed in S.4467-B & A.898-B)

2021-A8841 (ACTIVE) - Summary

Relates to a living allowance for adults with developmental disabilities; provides that a determination made pursuant to this section that the person is or is not developmentally disabled, as defined in subdivision twenty-two of section 1.03 of the mental hygiene law, shall not be binding on the state, a local government or the person for any other purpose, including determinations of eligibility for services authorized by the office for people with developmental disabilities.

2021-A8841 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8841
 
                           I N  A S S E M B L Y
 
                             January 13, 2022
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the domestic relations law and the family court act,  in
   relation  to  establishing a living allowance for adults with develop-
   mental disabilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  5 of section 240-d of the domestic relations
 law, as added by a chapter of the laws of  2021  amending  the  domestic
 relations law and the family court act relating to establishing a living
 allowance  for  adults  with  developmental disabilities, as proposed in
 legislative bills numbers S. 4467-B and A. 898-B, is amended and  a  new
 subdivision 6 is added to read as follows:
   5. Except where inconsistent with this section, all provisions of this
 article relating to orders of child support shall apply to all orders of
 support  for  adults with developmental disabilities; PROVIDED, HOWEVER,
 THAT SUCH ORDERS SHALL NOT BE ELIGIBLE FOR SERVICES PURSUANT TO  SECTION
 ONE HUNDRED ELEVEN-G OF THE SOCIAL SERVICES LAW.
   6. A DETERMINATION MADE PURSUANT TO THIS SECTION THAT THE PERSON IS OR
 IS NOT DEVELOPMENTALLY DISABLED, AS DEFINED IN SUBDIVISION TWENTY-TWO OF
 SECTION  1.03  OF  THE  MENTAL  HYGIENE LAW, SHALL NOT BE BINDING ON THE
 STATE, A LOCAL GOVERNMENT OR THE PERSON FOR ANY OTHER PURPOSE, INCLUDING
 DETERMINATIONS OF ELIGIBILITY FOR SERVICES AUTHORIZED BY THE OFFICE  FOR
 PEOPLE WITH DEVELOPMENTAL DISABILITIES.
   §  2. Subdivision 5 of section 413-b of the family court act, as added
 by a chapter of the laws of 2021 amending the domestic relations law and
 the family court act relating to establishing  a  living  allowance  for
 adults with developmental disabilities, as proposed in legislative bills
 numbers  S.  4467-B  and A. 898-B, is amended and a new subdivision 6 is
 added to read as follows:
   5. Except where inconsistent with this section, all provisions of this
 article relating to orders of child support shall apply to all orders of
 support for adults with developmental disabilities;  PROVIDED,  HOWEVER,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08323-05-2

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