§ 453. Maintenance subsidy; handicapped or hard to place child. 1. (a)
A social services official shall make monthly payments for the care and
maintenance of a handicapped or hard to place child whom a social
services official has placed for adoption or who has been adopted and
for the care and maintenance of a handicapped or hard to place child
placed for adoption by a voluntary authorized agency who is residing in
such social services district. Where a handicapped or hard to place
child is placed in an adoptive placement outside the state, monthly
payments for the care and maintenance of the child shall be made by the
social services official placing the child or in whose district the
voluntary authorized agency maintains its principal office. Such
payments shall be made until the child's twenty-first birthday to
persons with whom the child has been placed, or to persons who have
adopted the child and who applied for such payments prior to the
adoption, pursuant to a written agreement therefor between such official
or agency and such persons; provided, however, that an application may
be made subsequent to the adoption if the adoptive parents first become
aware of the child's physical or emotional condition or disability
subsequent to the adoption and a physician certifies that the condition
or disability existed prior to the child's adoption. The social services
official shall consider the financial status of such persons only for
the purpose of determining the amount of the payments to be made,
pursuant to subdivision three of this section. Upon the death of persons
who have adopted the child prior to the twenty-first birthday of the
child, such payments shall continue to the legal guardian or custodian
of the child under the age of eighteen upon issuance of letters of
guardianship or order of custody and shall continue until the child
shall attain the age of twenty-one. If the guardian or custodian was the
caretaker of the child under the age of eighteen prior to the issuance
of letters of guardianship or order of custody, such payments shall be
made retroactively from the death of the adoptive parent or parents.

(a-1) Payments pursuant to this section may be made by direct deposit
or debit card, as elected by the recipient, and administered
electronically, and in accordance with such guidelines as may be set
forth by regulation of the office of children and family services. The
office of children and family services may enter into contracts on
behalf of local social services districts for such direct deposit or
debit card services in accordance with section twenty-one-a of this
chapter.

(b) Any child with respect to whom federally reimbursable maintenance
subsidy payments are made under this subdivision shall be deemed to be a
recipient of aid to families with dependent children for purposes of
determining eligibility for medical assistance.

* (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. The social services
official on a biennial basis shall remind the adoptive parents of their
obligation to support the child and 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.

* NB Effective until 90 days following the date that USDHHS approves a
title IV-E state plan followed by OCFS notification

* (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
identifiable 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
longer legally responsible for the support of the child; or (C) the
adoption is no longer legally valid by operation of law.

* NB Effective 90 days following the date that USDHHS approves a title
IV-E state plan followed by OCFS notification

* (c-1) The social services official on 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
accordance with this section, including their obligation to provide
support for the child;

(ii) remind the adoptive parents of the following obligations, which
shall also be included in any agreement entered into with an adoptive
parent concerning payments made for the care and maintenance of the
child pursuant to this section:

(A) to support the child;

(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.

* NB Effective 90 days following the date that USDHHS approves a title
IV-E state plan followed by OCFS notification

* (c-2) (i) If the adoptive parents fail to respond to an annual
certification 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 adoptive 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
assistance 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
assistance effective from the date when the child was returned to the
adoptive parent's care.

* NB Effective 90 days following the date that USDHHS approves a title
IV-E state plan followed by OCFS notification

* (c-3) If the social services official terminates the adoption
assistance 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
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 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 adoptive parents under this section.

* NB Effective 90 days following the date that USDHHS approves a title
IV-E state plan followed by OCFS notification

* (c-4) If the social services official terminates the adoption
assistance 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
official determines the child demonstrates the ability to manage such
direct payments; or

(ii) to a representative payee certified by the social services
official in accordance with paragraph (g) of this subdivision.

* NB Effective 90 days following the date that USDHHS approves a title
IV-E state plan followed by OCFS notification

(d) Applications for such subsidies shall be accepted prior to the
commitment of the guardianship and custody of the child to an authorized
agency pursuant to the provisions of this chapter, and approval thereof
may be granted contingent upon such commitment.

(e) Upon the death of the sole or surviving adoptive parent or both
adoptive parents after the eighteenth birthday and before the
twenty-first birthday of the adopted child, where such adoptive parent
or parents were receiving adoption subsidy payments at the time of
death, such subsidy payments shall continue but shall be made to the
guardian of the child on behalf of such child, where the child consents
to the appointment of a guardian. Such subsidy payments shall be made
retroactively from the death of the adoptive parent or parents to the
appointment of a guardian, and shall continue until the twenty-first
birthday of the child. If, however, there is no willing or suitable
person to be appointed as guardian, or the child does not consent to the
appointment of a guardian, such subsidy payments shall be made
retroactively from the death of the adoptive parent or parents and shall
continue to be made until the twenty-first birthday of the child: (i)
through direct payments to the child, if the social services official
determines that the child demonstrates the ability to manage such direct
payments; or (ii) to a representative payee certified by the social
services official.

(f) Upon receipt of notification of the death of the sole or surviving
adoptive parent or both adoptive parents after the eighteenth birthday
and before the twenty-first birthday of the adopted child, where such
adoptive parent or parents were receiving adoption subsidy payments at
the time of death, the social services official shall notify the child
of: (i) the processes available to continue subsidy payments until the
twenty-first birthday of the child including appointment of a guardian
under the surrogate's court procedure act, application to be approved
for direct subsidy payments, or the appointment of a representative
payee; and (ii) the right of the child to be involved in all such
processes.

(g) Where the social services official has determined that the child
does not demonstrate the ability to manage direct subsidy payments, the
social services official shall certify payment to a representative payee
on behalf of the child. Subsidy payments received by the representative
payee shall be held and used strictly for the use and benefit of the
child. Designation of the appropriate entity or individual and
investigation of an individual for certification as a representative
payee shall be conducted by the social services official responsible for
payment of the adoption subsidy pursuant to this section.

(i) The social services official may designate an employee of the
social services district to be the representative payee responsible for
receipt of the adoption subsidy on behalf of the child only where the
official determines that such employee has no conflict of interest in
performing the duties and obligations as representative payee. If the
child resides in a social services district other than the district
responsible for payment of the adoption subsidy, the social services
district in which the child resides may be designated the representative
payee and a social services official of such district shall select an
employee of such social services district to be responsible for receipt
of the adoption subsidy as the representative payee, only where the
official determines that such employee has no conflict of interest in
performing the duties and obligations as a payee. Where a voluntary
authorized agency has a prior relationship with a child, or where the
social services district does not have sufficient or appropriate staff
available to perform the functions of the representative payee, the
social services district may contract with a voluntary authorized agency
as the representative payee on behalf of the child where the social
services district determines it would be in the best interests of the
child to do so.

(ii) The social services official may designate an individual for
certification as a representative payee who shall perform the functions
and duties of a representative payee in accordance with the best
interests of the child. In determining whether an individual is
appropriate to be certified as the representative payee, the social
services official shall first consult with the child and shall give the
child's preferences significant weight. The child's preference shall be
determinative of the representative payee only where such preference
does not conflict with the best interests of the child. Prior to
designation of an individual by the social services official for
certification as a representative payee, the social services official
shall:

(A) collect proof of identity and a verifiable social security number
of the nominated representative payee;

(B) conduct an in-person interview of the individual;

(C) investigate any potential conflicts of interest that may ensue if
such individual is certified; and

(D) determine the capabilities and qualifications of the individual to
manage the subsidy payment for the child.

(iii) (A) If, after completion of the investigation, the social
services official is satisfied that the individual is qualified,
appropriate and will serve the best interests of the child, the social
services official shall certify the selected individual as the
representative payee for the child.

* (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 after the eighteenth birthday of the child.

* NB Effective until 90 days following the date that USDHHS approves a
title IV-E state plan followed by OCFS notification

* (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
adoptive parent or parents pursuant to paragraph (c-2) of this
subdivision after the eighteenth birthday of the child.

* NB Effective 90 days following the date that USDHHS approves a title
IV-E state plan followed by OCFS notification

(iv) The representative payee shall submit reports to the social
services official no less than once a year describing the use of the
payments in the preceding year. Such reports shall be submitted by
December thirty-first of each year. The social services official may
also request reports from time to time from the representative payee. If
a representative payee fails to submit a report, the social services
official may require that the representative payee appear in person to
collect payments. The social services official shall keep a centralized
file and update it periodically with information including the addresses
and social security or tax-payer identification numbers of the
representative payee and the child.

(v) The social services official shall revoke the certification of a
representative payee upon:

(A) determining that the representative payee has misused the payments
intended for the benefit of the child;

(B) the failure of the representative payee to submit timely reports
or appear in person as required by the social services official after
such failure; or

(C) the request of the child upon good cause shown.

(vi) The social services official shall notify the child of the
contact information of the representative payee within five days of
making a designation.

(vii) A child may appeal the refusal of the social services official
to certify the individual preferred by the child for certification as
the representative payee or revoke the certification of a representative
payee upon request of the child pursuant to section four hundred
fifty-five of this title.

* 2. The 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
statement of the reasons therefor.

* NB Effective until 90 days following the date that USDHHS approves a
title IV-E state plan followed by OCFS notification

* 2. 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
statement of the reasons therefor.

* NB Effective 90 days following the date that USDHHS approves a title
IV-E state plan followed by OCFS notification

3. The amount of the monthly payment made pursuant to this section
shall be determined pursuant to regulations of the department and based
upon the financial need of such persons. The department shall review
such regulations annually. The amount of the monthly payment shall not
be less than seventy-five per centum of the board rate nor more than one
hundred per centum of such rate.

4. Except as may be required by federal law as a condition for federal
reimbursement of public assistance expenditures, payments under this
section shall not be considered for the purpose of determining
eligibility for public assistance or medical assistance for needy
persons.