S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3580--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on  Children  and Families -- recommitted to the Committee on Children
   and Families in accordance with Assembly Rule 3, sec. 2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 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 three new paragraphs  (c-2), (c-3) and (c-4) 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; (B) A COURT HAS RULED THAT THE ADOPTIVE PARENT IS NO LONG-
 ER LEGALLY RESPONSIBLE FOR THE SUPPORT OF THE CHILD; OR (C) THE ADOPTION
 IS NO LONGER LEGALLY VALID BY OPERATION OF LAW.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05003-04-4
              

 A. 3580--A                          2
 
 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
 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 PARENTS.
   (C-2) (I) IF THE ADOPTIVE PARENTS FAIL TO RESPOND TO AN ANNUAL CERTIF-
 ICATION  NOTICE  WITHIN  THIRTY DAYS OF THE RECEIPT OF THE CERTIFICATION
 NOTICE FROM THE SOCIAL SERVICES OFFICIAL OR THE SOCIAL SERVICES OFFICIAL
 RECEIVES FROM ANY PERSON INFORMATION THAT PROVIDES REASONABLE  CAUSE  TO
 SUSPECT THAT THE ADOPTIVE PARENTS ARE NO LONGER PROVIDING ANY SUPPORT TO
 THE  CHILD,  THE SOCIAL SERVICES OFFICIAL SHALL REVIEW WHETHER THE ADOP-
 TIVE 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 REPORTED TO NO  LONGER  RESIDE  WITH  THE  ADOPTIVE
 PARENT.
   (II)  THE ADOPTIVE PARENTS SHALL BE GIVEN AN OPPORTUNITY TO RESPOND TO
 THE NOTICE. UPON RECEIVING CONFIRMATION THAT  THE  PARENTS  CONTINUE  TO
 MEET  THEIR  LEGAL  OBLIGATIONS  TO  PROVIDE  SUPPORT  TO THE CHILD, THE
 DEPARTMENT WILL TAKE NO FURTHER ACTION TO REDUCE, SUSPEND, OR  TERMINATE
 THE  SUBSIDY.  IF THE PARENTS FAIL TO CONFIRM THAT THEY CONTINUE TO MEET
 THEIR LEGAL OBLIGATIONS TO PROVIDE SUPPORT  TO  THE  CHILD,  THE  SOCIAL
 SERVICES  OFFICIAL  SHALL  REVIEW  ALL AVAILABLE INFORMATION IN ORDER TO
 CONFIRM THE PARENTS' CONTINUED ELIGIBILITY TO RECEIVE THE SUBSIDY.
   (III) IF THE CHILD IS NOT IN FOSTER CARE AND, BASED ON A REVIEW OF THE
 AVAILABLE INFORMATION, THE SOCIAL SERVICES OFFICIAL DETERMINES THAT  THE
 ADOPTIVE  PARENTS  ARE  NO LONGER LEGALLY RESPONSIBLE 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 TERMINATION OF ASSISTANCE TO THE
 DEPARTMENT IN ACCORDANCE WITH SECTION TWENTY-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
 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-
 A. 3580--A                          3
 
 ANCE EFFECTIVE FROM THE DATE WHEN THE CHILD WAS RETURNED TO THE ADOPTIVE
 PARENT'S CARE.
   (C-3)  IF THE SOCIAL SERVICES OFFICIAL TERMINATES THE ADOPTION ASSIST-
 ANCE PROVIDED TO ADOPTIVE PARENTS PURSUANT TO PARAGRAPH  (C-2)  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;  PROVIDED,
 HOWEVER,  THAT  NO  PERSON SHALL RECEIVE AN ADOPTION SUBSIDY PAYMENT FOR
 ANY CHILD FOR WHOM THEY PREVIOUSLY HAD PARENTAL RIGHTS WHICH WERE TERMI-
 NATED PURSUANT TO A PROCEEDING UNDER SECTION THREE HUNDRED EIGHTY-FOUR-B
 OF THIS ARTICLE OR FOR WHOM THEY PREVIOUSLY HAD  PARENTAL  RIGHTS  WHICH
 WERE SURRENDERED PURSUANT TO A WRITTEN INSTRUMENT EXECUTED IN ACCORDANCE
 WITH  SECTION  THREE  HUNDRED  EIGHTY-THREE-C  OF  THIS  ARTICLE.   SUCH
 PAYMENTS SHALL BE MADE RETROACTIVE FROM THE TERMINATION OF ASSISTANCE TO
 THE ADOPTIVE PARENTS PURSUANT TO PARAGRAPH (C-2) 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-4)  IF THE SOCIAL SERVICES OFFICIAL TERMINATES THE ADOPTION ASSIST-
 ANCE PROVIDED TO ADOPTIVE PARENTS PURSUANT TO PARAGRAPH  (C-2)  OF  THIS
 SUBDIVISION  AFTER  THE  EIGHTEENTH BIRTHDAY AND BEFORE THE TWENTY-FIRST
 BIRTHDAY OF THE ADOPTED CHILD, AND NO PERSON  OTHER  THAN  THE  ADOPTIVE
 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-2) OF  THIS  SUBDIVISION
 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.
 A. 3580--A                          4
 
   § 4. This act shall take effect immediately; provided however that:
   (a)  the  office  of  children and family services shall submit to the
 United States Department of Health and  Human  Services,  Administration
 for  Children,  Youth and Families, an amendment to the state title IV-E
 state plan regarding the provisions of this act;
   (b) notwithstanding any other provision of law,  this  act  shall  not
 take  effect  unless  and  until ninety days following the date that the
 United States Department of Health and  Human  Services,  Administration
 for Children, Youth and Families approves a title IV-E state plan amend-
 ment regarding the provisions of this act; and
   (c) the office of children and family services shall notify the legis-
 lative  bill  drafting  commission upon the occurrence of the submission
 set forth in this section in order that the commission may  maintain  an
 accurate and timely effective data base of the official text of the laws
 of  the  state of New York in furtherance of effectuating the provisions
 of section 44 of the legislative law and  section  70-b  of  the  public
 officers law.
   (d)  Effective  immediately,  the addition, amendment and/or repeal of
 any rule or regulation necessary for the implementation of this  act  on
 its  effective date are authorized to be made and completed on or before
 such effective date.