STATE OF NEW YORK ________________________________________________________________________ 7054--A 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 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 approved 12 application for foster care maintenance order issued by a court of 13 competent jurisdiction, pursuant to any application for support under 14 this article, except where a court has found a child was subjected to 15 aggravated circumstances as defined in subdivision (j) of section one 16 thousand twelve of this chapter. 17 (c) Notwithstanding paragraph (b) of this subdivision, such liability 18 shall not be imposed if it will adversely affect the health, safety or 19 welfare of the child on whose behalf such payments are to be made or 20 other persons in the child's household or will adversely affect the 21 length of the child's placement or impair the ability of the child to 22 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
S. 7054--A 2 1 (d) No county or local social services district shall cause a referral 2 to be sent for the purpose of commencing collection of child support for 3 a child placed in foster care unless such county or district has reason 4 to believe liability may be imposed under paragraph (b) of this subdivi- 5 sion. 6 § 2. The office of children and family services shall promulgate any 7 rules and regulations necessary to carry out the provisions of this act. 8 The office of temporary and disability assistance shall promulgate any 9 rules and regulations necessary to carry out the provisions of this act. 10 § 3. This act shall take effect on the ninetieth day after it shall 11 have become a law.