Relates to liability to support a child 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.
STATE OF NEW YORK
________________________________________________________________________
4027
2023-2024 Regular Sessions
IN ASSEMBLY
February 9, 2023
___________
Introduced by M. of A. KIM -- read once and referred 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:
1 Section 1. Subdivision 2 of section 413 of the family court act, as
2 added by chapter 745 of the laws of 1984, is amended to read as follows:
3 2. (a) Nothing in this article shall impose any liability upon a
4 person to support the adopted child of his or her spouse, if such child
5 was adopted after the adopting spouse is living separate and apart from
6 the non-adopting spouse pursuant to a legally recognizable separation
7 agreement or decree under the domestic relations law. Such liability
8 shall not be imposed for so long as the spouses remain separate and
9 apart after the adoption.
10 (b) Nothing in this article shall impose any liability upon a person
11 to support a child pursuant to an approved application for foster care
12 maintenance unless the child was subjected to aggravated circumstances
13 as defined in subdivision (j) of section one thousand twelve of this
14 chapter. Such liability shall not be imposed if it will adversely
15 affect the health, safety or welfare of the child on whose behalf such
16 payments are to be made or other persons in the child's household or
17 will adversely affect the length of the child's placement or impair the
18 ability of the child to return home when discharged from foster care.
19 § 2. The office of children and family services shall promulgate any
20 rules and regulations necessary to carry out the provisions of this act.
21 § 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
