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.
STATE OF NEW YORK
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7054--B
Cal. No. 1093
2023-2024 Regular Sessions
IN SENATE
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:
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] such person's
5 spouse, if such child was adopted after the adopting spouse is living
6 separate and apart from the non-adopting spouse pursuant to a legally
7 recognizable separation agreement or decree under the domestic relations
8 law. Such liability shall not be imposed for so long as the spouses
9 remain separate and apart after the adoption.
10 (b) Nothing in this article shall impose any liability upon a person
11 to support a child who is placed in foster care pursuant to an order
12 issued by a court of competent jurisdiction, pursuant to any application
13 for support under this article except where a court has found a child
14 was subjected to aggravated circumstances as defined in subdivision (j)
15 of section one thousand twelve of this chapter.
16 (c) Notwithstanding paragraph (b) of this subdivision, such liability
17 shall not be imposed if it will adversely affect the health, safety or
18 welfare of the child on whose behalf such payments are to be made or
19 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.
LBD08914-04-4
S. 7054--B 2
1 length of the child's placement or impair the ability of the child to
2 return home when discharged from foster care.
3 (d) No county or local social services district shall cause a referral
4 to be sent for the purpose of commencing collection of child support for
5 a child placed in foster care unless such county or district has reason
6 to believe liability may be imposed under paragraph (b) of this subdivi-
7 sion.
8 § 2. The office of children and family services shall promulgate any
9 rules and regulations necessary to carry out the provisions of this act.
10 The office of temporary and disability assistance shall promulgate any
11 rules and regulations necessary to carry out the provisions of this act.
12 § 3. This act shall take effect on the ninetieth day after it shall
13 have become a law.
