S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4467
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the family court act, in relation to child  support  for
   any child over 21 years of age who is severely and permanently mental-
   ly or physically disabled and unable to live on their own

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 413 of the  family  court  act  is
 amended by adding a new paragraph (f-1) to read as follows:
   (F-1)  A  PARENT  MAY  PETITION THE COURT TO ORDER THE CONTINUATION OF
 CHILD SUPPORT FOR A CHILD OVER THE AGE  OF  TWENTY-ONE  YEARS,  IF  SUCH
 CHILD  (I)  IS SEVERELY AND PERMANENTLY MENTALLY OR PHYSICALLY DISABLED,
 AS DETERMINED BY THE OFFICE FOR PERSONS WITH DEVELOPMENTAL DISABILITIES,
 (II) IS UNABLE TO LIVE INDEPENDENTLY OR SUPPORT HIMSELF OR HERSELF,  AND
 (III)  RESIDES  IN  THE  HOME  OF  THE PARENT SEEKING OR RECEIVING CHILD
 SUPPORT.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08323-01-1



              

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4467--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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. The domestic relations law  is  amended  by  adding  a  new
 section 240-d to read as follows:
   § 240-D. SUPPORT ORDERS FOR CERTAIN ADULT DEPENDENTS. 1. NOTWITHSTAND-
 ING  ANY OTHER LAW, A PERSON WHO WOULD OTHERWISE BE CHARGEABLE UNDER LAW
 WITH SUPPORT OF A MINOR CHILD IS ALSO CHARGEABLE WITH THE SUPPORT OF ANY
 SUCH INDIVIDUAL UNTIL SUCH INDIVIDUAL REACHES  THE  AGE  OF  TWENTY-SIX,
 PROVIDED  SUCH  INDIVIDUAL  HAS  A DIAGNOSED DEVELOPMENTAL DISABILITY AS
 DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL  HYGIENE
 LAW,  RESIDES  WITH  THE PERSON SEEKING SUCH SUPPORT, AND IS PRINCIPALLY
 DEPENDENT ON SUCH PERSON FOR MAINTENANCE.
   2. UPON PETITION BROUGHT BY SUCH PERSON,  THE  COURT  SHALL  MAKE  ITS
 AWARD FOR SUPPORT FOR SUCH INDIVIDUAL WITH A DEVELOPMENTAL DISABILITY IN
 ACCORDANCE  WITH  THE  PROVISIONS  OF  SUBDIVISION  ONE-B OF SECTION TWO
 HUNDRED FORTY OF THIS ARTICLE.  IN ADDITION TO THE PROVISIONS OF  SUBDI-
 VISION ONE-B OF SECTION TWO HUNDRED FORTY OF THIS ARTICLE, THE COURT MAY
 CONSIDER WHETHER THE FINANCIAL RESPONSIBILITY OF CARING FOR THE INDIVID-
 UAL  HAS  BEEN  UNREASONABLY  PLACED  ON ONE PARENT WHEN DETERMINING THE
 SUPPORT OBLIGATION. THE DURATION OF TIME THE COURT MAY USE WHEN  CONSID-
 ERING  THIS  FACTOR  SHALL  BE  LIMITED TO THE TIME PERIOD FROM WHEN THE
 CHILD TURNED TWENTY-ONE UNTIL THE  INDIVIDUAL  TURNS  TWENTY-SIX.  IF  A
 CHILD  SUPPORT  ORDER ENDED AT THE AGE OF EIGHTEEN THEN SUCH TIME PERIOD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08323-02-1
              

 S. 4467--A                          2
 
 SHALL BE FROM WHEN THE CHILD TURNED EIGHTEEN UNTIL THE INDIVIDUAL  TURNS
 TWENTY-SIX.
   3.  THE  COURT  HAS  JURISDICTION  TO DETERMINE PROCEEDINGS BROUGHT BY
 PETITION AND ORDER TO SHOW CAUSE, FOR THE DETERMINATION  OF  SUPPORT  OF
 SUCH  ADULT  DEPENDENTS, AS WELL AS TO ENFORCE OR MODIFY ORDERS OR JUDG-
 MENTS.
   4. THE COURT SHALL HAVE DISCRETION TO ORDER THE PAYOR  PARTY  TO  MAKE
 SUPPORT  PAYMENTS  EITHER  TO  THE  PETITIONER  OR  TO THE TRUSTEE OF AN
 "EXCEPTION TRUST" AS   DEFINED IN  42  U.S.C.  1396P(D)(4)(A)  AND  (C),
 CLAUSE  (III) OF SUBPARAGRAPH TWO OF PARAGRAPH (B) OF SUBDIVISION TWO OF
 SECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW, AND  SECTION
 7-1.12  OF  THE  ESTATES,  POWERS AND TRUSTS LAW IF SUCH DIRECTION WOULD
 ASSIST IN MAXIMIZING ASSISTANCE TO THE CHILD.
   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.
   § 2. The family court act is amended by adding a new section 413-b  to
 read as follows:
   § 413-B. SUPPORT ORDERS FOR CERTAIN ADULT DEPENDENTS. 1. NOTWITHSTAND-
 ING  ANY OTHER LAW, A PERSON WHO WOULD OTHERWISE BE CHARGEABLE UNDER LAW
 WITH SUPPORT OF A MINOR CHILD IS ALSO CHARGEABLE WITH THE SUPPORT OF ANY
 SUCH INDIVIDUAL UNTIL SUCH INDIVIDUAL REACHES  THE  AGE  OF  TWENTY-SIX,
 PROVIDED  SUCH  INDIVIDUAL  HAS  A DIAGNOSED DEVELOPMENTAL DISABILITY AS
 DEFINED UNDER SUBDIVISION TWENTY-TWO  OF  SECTION  1.03  OF  THE  MENTAL
 HYGIENE  LAW, RESIDES WITH THE PERSON SEEKING SUCH SUPPORT, AND IS PRIN-
 CIPALLY DEPENDENT ON SUCH PERSON FOR MAINTENANCE.
   2. UPON PETITION BROUGHT BY THE PARENT  OR  KINSHIP  CAREGIVER  OF  AN
 ADULT  CHILD  WITH  A  DISABILITY,  THE  COURT  SHALL MAKE ITS AWARD FOR
 SUPPORT FOR SUCH INDIVIDUAL WITH A DEVELOPMENTAL DISABILITY  IN  ACCORD-
 ANCE  WITH  THE  PROVISIONS  OF  SUBDIVISION ONE OF SECTION FOUR HUNDRED
 THIRTEEN OF THIS PART. IN ADDITION TO THE PROVISIONS OF SUBDIVISION  ONE
 OF  SECTION  FOUR  HUNDRED THIRTEEN OF THIS PART, THE COURT MAY CONSIDER
 WHETHER THE FINANCIAL RESPONSIBILITY OF CARING FOR  THE  INDIVIDUAL  HAS
 BEEN  UNREASONABLY  PLACED  ON  ONE  PARENT  WHEN  DETERMINING THE CHILD
 SUPPORT OBLIGATION. THE DURATION OF TIME THE COURT MAY USE WHEN  CONSID-
 ERING  THIS  FACTOR  SHALL  BE  LIMITED TO THE TIME PERIOD FROM WHEN THE
 CHILD TURNED TWENTY-ONE UNTIL THE  INDIVIDUAL  TURNS  TWENTY-SIX.  IF  A
 CHILD  SUPPORT  ORDER ENDED AT THE AGE OF EIGHTEEN THEN SUCH TIME PERIOD
 SHALL BE FROM WHEN THE CHILD TURNED EIGHTEEN UNTIL THE INDIVIDUAL  TURNS
 TWENTY-SIX.
   3.  THE  COURT  HAS  JURISDICTION  TO DETERMINE PROCEEDINGS BROUGHT BY
 PETITION AND ORDER TO SHOW CAUSE, FOR THE DETERMINATION  OF  SUPPORT  OF
 SUCH DEPENDENTS, AS WELL AS TO ENFORCE OR MODIFY ORDERS OR JUDGMENTS.
   4.  THE  COURT  SHALL HAVE DISCRETION TO ORDER THE PAYOR PARTY TO MAKE
 SUPPORT PAYMENTS EITHER TO THE  PETITIONER  OR  TO  THE  TRUSTEE  OF  AN
 "EXCEPTION TRUST" AS DEFINED IN 42 U.S.C. 1396P(D)(4)(A) AND (C), CLAUSE
 (III) OF SUBPARAGRAPH TWO OF PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION
 THREE  HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW, AND  SECTION 7-1.12
 OF THE ESTATES, POWERS AND TRUSTS LAW IF SUCH DIRECTION WOULD ASSIST  IN
 MAXIMIZING ASSISTANCE TO THE CHILD.
   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.
   § 3. This act shall take effect immediately.