S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    784
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the social services law, in relation to the  termination
   of certain subsidies provided to adoptive parents for disabled or hard
   to place children; and to amend a chapter of the laws of 2024 amending
   the  social  services  law relating to the adoption subsidies provided
   for disabled or hard to place children,  as  proposed  in  legislative
   bills  numbers S. 8745 and A. 3580-A, in relation to the effectiveness
   thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraphs (ii), (iii) and (iv) of paragraph (c-2) and
 paragraphs (c-3) and (c-4) of subdivision 1 of section 453 of the social
 services law, as added by a chapter of the laws  of  2024  amending  the
 social  services  law  relating  to  the adoption subsidies provided for
 disabled or hard to place children, as  proposed  in  legislative  bills
 numbers S. 8745 and A. 3580-A, are amended to read as follows:
   (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]  termi-
 nate  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02686-01-5
 S. 784                              2
 
 [assistance]  SUBSIDY  provided to the adoptive parents pursuant to this
 section.  The adoptive parents may appeal the  termination  of  [assist-
 ance] SUBSIDY 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]
 SHALL  terminate  the  [assistance]  SUBSIDY  provided  to  the adoptive
 parents pursuant to this section. The adoptive parents  may  appeal  the
 termination of [assistance] SUBSIDY to the department in accordance with
 section twenty-two of this chapter.
   (V)  If  [assistance]  A SUBSIDY 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  [assistance] SUCH SUBSIDY 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] SUBSIDY 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],  PURSUANT  TO  a  written
 agreement  [to],  make  adoption  [assistance]  SUBSIDY  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 terminated 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] SECTIONS three
 hundred eighty-three-c of OR THREE  HUNDRED  EIGHTY-FOUR  this  article.
 Such payments shall be made retroactive from the termination of [assist-
 ance]  SUBSIDY  to  the  adoptive parents pursuant to paragraph (c-2) of
 this subdivision and shall be made until the child's twenty-first birth-
 day. A custodian or guardian who receives adoption [assistance]  SUBSIDY
 payments  pursuant  to  this  paragraph  shall  be  subject  to the same
 requirements that apply to adoptive parents under this section.
   (c-4) If the social services official terminates the adoption [assist-
 ance] SUBSIDY provided to adoptive parents pursuant to  paragraph  (c-2)
 of  this  subdivision after the eighteenth birthday and before the twen-
 ty-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 amended by a chapter  of
 the  laws  of  2024  amending  the  social  services law relating to the
 adoption subsidies provided for disabled or hard to place  children,  as
 proposed  in legislative bills numbers S. 8745 and A. 3580-A, 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] THE SUBSI-
 S. 784                              3
 
 DY to the adoptive parent or parents pursuant to paragraph (c-2) of this
 subdivision after the eighteenth birthday of the child.
   §  3.  Section  4 of a chapter of the laws of 2024 amending the social
 services law relating to the adoption subsidies provided for disabled or
 hard to place children, as proposed in legislative bills numbers S. 8745
 and A. 3580-A, is amended to read as follows:
   § 4. This act shall take effect [immediately]  ON  THE  NINETIETH  DAY
 AFTER IT SHALL HAVE BECOME A LAW; 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,  SUBPARAGRAPH  (V)  OF
 PARAGRAPH  (C-2)  AND  PARAGRAPHS  (C-3)  AND  (C-4) OF SUBDIVISION 1 OF
 SECTION 453 OF THE SOCIAL SERVICES LAW, AS ADDED BY SECTION ONE OF  THIS
 ACT,  AND SECTION TWO OF 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 Fami-
 lies approves a title IV-E state plan  amendment  regarding  [the]  SUCH
 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.
   § 4. This act shall take effect immediately; provided,  however,  that
 section  one  of  this act shall take effect on the same date and in the
 same manner as a chapter  of  the  laws  of  2024  amending  the  social
 services law relating to the adoption subsidies provided for disabled or
 hard to place children, as proposed in legislative bills numbers S. 8745
 and A.  3580-A, takes effect.