Senate Bill S7054A

2023-2024 Legislative Session

Relates to referrals for child support enforcement for foster care maintenance payments

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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

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Bill Amendments

2023-S7054 - Details

Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §413, Fam Ct Act

2023-S7054 - Summary

Relates to liability to support a child who is placed in foster care pursuant to an approved application for foster care maintenance; provides that such liability shall not be imposed if it will adversely affect the health, safety or welfare of the child on whose behalf such payments are to be made or other persons in the child's household or will adversely affect the length of the child's placement or impair the ability of the child to return home when discharged from foster care; limits the ability of a county or local social services district to cause a referral to be sent for the purpose of commencing collection of child support for a child placed in foster care.

2023-S7054 - Sponsor Memo

2023-S7054 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7054
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 referrals for child
   support enforcement for foster care maintenance payments
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2 of section 413 of the family court act, as
 added by chapter 745 of the laws of 1984, is amended to read as follows:
   2. (A) Nothing in this article  shall  impose  any  liability  upon  a
 person  to support the adopted child of his or her spouse, if such child
 was adopted after the adopting spouse is living separate and apart  from
 the  non-adopting  spouse  pursuant to a legally recognizable separation
 agreement or decree under the domestic  relations  law.  Such  liability
 shall  not  be  imposed  for  so long as the spouses remain separate and
 apart after the adoption.
   (B) NOTHING IN THIS ARTICLE SHALL IMPOSE ANY LIABILITY UPON  A  PERSON
 TO  SUPPORT  A CHILD PURSUANT TO AN APPROVED APPLICATION FOR FOSTER CARE
 MAINTENANCE UNLESS THE CHILD WAS SUBJECTED TO  AGGRAVATED  CIRCUMSTANCES
 AS  DEFINED  IN  SUBDIVISION  (J) OF SECTION ONE THOUSAND TWELVE OF THIS
 CHAPTER.   SUCH LIABILITY SHALL NOT BE  IMPOSED  IF  IT  WILL  ADVERSELY
 AFFECT  THE  HEALTH, SAFETY OR WELFARE OF THE CHILD ON WHOSE BEHALF SUCH
 PAYMENTS ARE TO BE MADE OR OTHER PERSONS IN  THE  CHILD'S  HOUSEHOLD  OR
 WILL  ADVERSELY AFFECT THE LENGTH OF THE CHILD'S PLACEMENT OR IMPAIR THE
 ABILITY OF THE CHILD TO RETURN HOME WHEN DISCHARGED FROM FOSTER CARE.
   § 2. The office of children and family services shall  promulgate  any
 rules and regulations necessary to carry out the provisions of this act.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08914-01-3

2023-S7054A - Details

Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §413, Fam Ct Act

2023-S7054A - Summary

Relates to liability to support a child who is placed in foster care pursuant to an approved application for foster care maintenance; provides that such liability shall not be imposed if it will adversely affect the health, safety or welfare of the child on whose behalf such payments are to be made or other persons in the child's household or will adversely affect the length of the child's placement or impair the ability of the child to return home when discharged from foster care; limits the ability of a county or local social services district to cause a referral to be sent for the purpose of commencing collection of child support for a child placed in foster care.

2023-S7054A - Sponsor Memo

2023-S7054A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7054--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary  --  recom-
   mitted to the Committee on Judiciary in accordance with Senate Rule 6,
   sec.  8  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT to amend the family court act, in relation to referrals for child
   support enforcement for foster care maintenance payments
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2 of section 413 of the family court act, as
 added by chapter 745 of the laws of 1984, is amended to read as follows:
   2. (A) Nothing in this article  shall  impose  any  liability  upon  a
 person  to  support  the  adopted  child  of  [his or her] SUCH PERSON'S
 spouse, if such child was adopted after the adopting  spouse  is  living
 separate  and  apart  from the non-adopting spouse pursuant to a legally
 recognizable separation agreement or decree under the domestic relations
 law. Such liability shall not be imposed for  so  long  as  the  spouses
 remain separate and apart after the adoption.
   (B)  NOTHING  IN THIS ARTICLE SHALL IMPOSE ANY LIABILITY UPON A PERSON
 TO SUPPORT A CHILD WHO IS PLACED IN FOSTER CARE PURSUANT TO AN  APPROVED
 APPLICATION  FOR  FOSTER  CARE  MAINTENANCE  ORDER  ISSUED BY A COURT OF
 COMPETENT JURISDICTION, PURSUANT TO ANY APPLICATION  FOR  SUPPORT  UNDER
 THIS  ARTICLE,  EXCEPT  WHERE A COURT HAS FOUND A CHILD WAS SUBJECTED TO
 AGGRAVATED CIRCUMSTANCES AS DEFINED IN SUBDIVISION (J)  OF  SECTION  ONE
 THOUSAND TWELVE OF THIS CHAPTER.
   (C)  NOTWITHSTANDING PARAGRAPH (B) OF THIS SUBDIVISION, SUCH LIABILITY
 SHALL NOT BE IMPOSED IF IT WILL ADVERSELY AFFECT THE HEALTH,  SAFETY  OR
 WELFARE  OF  THE  CHILD  ON WHOSE BEHALF SUCH PAYMENTS ARE TO BE MADE OR
 OTHER PERSONS IN THE CHILD'S HOUSEHOLD  OR  WILL  ADVERSELY  AFFECT  THE
 LENGTH  OF  THE  CHILD'S PLACEMENT OR IMPAIR THE ABILITY OF THE CHILD TO
 RETURN HOME WHEN DISCHARGED FROM FOSTER CARE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08914-02-4

co-Sponsors

2023-S7054B (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §413, Fam Ct Act

2023-S7054B (ACTIVE) - Summary

Relates to liability to support a child who is placed in foster care pursuant to an approved application for foster care maintenance; provides that such liability shall not be imposed if it will adversely affect the health, safety or welfare of the child on whose behalf such payments are to be made or other persons in the child's household or will adversely affect the length of the child's placement or impair the ability of the child to return home when discharged from foster care; limits the ability of a county or local social services district to cause a referral to be sent for the purpose of commencing collection of child support for a child placed in foster care.

2023-S7054B (ACTIVE) - Sponsor Memo

2023-S7054B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7054--B
     Cal. No. 1093
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary  --  recom-
   mitted to the Committee on Judiciary in accordance with Senate Rule 6,
   sec.  8  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- reported  favorably  from
   said  committee,  ordered  to  first  report, amended on first report,
   ordered to a second report and ordered reprinted, retaining its  place
   in the order of second report
 
 AN ACT to amend the family court act, in relation to referrals for child
   support enforcement for foster care maintenance payments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 413 of the family  court  act,  as
 added by chapter 745 of the laws of 1984, is amended to read as follows:
   2.  (A)  Nothing  in  this  article  shall impose any liability upon a
 person to support the adopted  child  of  [his  or  her]  SUCH  PERSON'S
 spouse,  if  such  child was adopted after the adopting spouse is living
 separate and apart from the non-adopting spouse pursuant  to  a  legally
 recognizable separation agreement or decree under the domestic relations
 law.  Such  liability  shall  not  be imposed for so long as the spouses
 remain separate and apart after the adoption.
   (B) NOTHING IN THIS ARTICLE SHALL IMPOSE ANY LIABILITY UPON  A  PERSON
 TO  SUPPORT  A  CHILD  WHO IS PLACED IN FOSTER CARE PURSUANT TO AN ORDER
 ISSUED BY A COURT OF COMPETENT JURISDICTION, PURSUANT TO ANY APPLICATION
 FOR SUPPORT UNDER THIS ARTICLE EXCEPT WHERE A COURT HAS  FOUND  A  CHILD
 WAS  SUBJECTED TO AGGRAVATED CIRCUMSTANCES AS DEFINED IN SUBDIVISION (J)
 OF SECTION ONE THOUSAND TWELVE OF THIS CHAPTER.
   (C) NOTWITHSTANDING PARAGRAPH (B) OF THIS SUBDIVISION, SUCH  LIABILITY
 SHALL  NOT  BE IMPOSED IF IT WILL ADVERSELY AFFECT THE HEALTH, SAFETY OR
 WELFARE OF THE CHILD ON WHOSE BEHALF SUCH PAYMENTS ARE  TO  BE  MADE  OR
 OTHER  PERSONS  IN  THE  CHILD'S  HOUSEHOLD OR WILL ADVERSELY AFFECT THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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