Signed by Governor Kathy Hochul

Vote Smart's Synopsis:

Vote to pass a bill that repeals subsidies for adoptive parents of disabled or hard-to-place children if they no longer support the child or if the child isn't in their care in New York.

Highlights:

• Repeals subsidies provided to adoptive parents if parents are no longer legally responsible or providing support for the disabled or hard-to-place child (Sec. 1).

• Authorizes adoptive parents to appeal the termination of subsidies to the Department of Social Services (Sec. 1).

• Requires the social services officials to resume the subsidy if the child is returned to the care of the adoptive parents from foster care (Sec. 1).

• Requires social services to make adoption subsidy payments to the next custodian or guardian of the child until the child’s 21st birthday, excluding (Sec. 1):

• A custodian or guardian who previously had parental rights terminated for the child; or

• A custodian or guardian who previously surrendered parental rights.

• Requires social services to make subsidy payments to the child if the adoption is terminated after the child’s 18th birthday and before the child’s 21st birthday (Sec. 1).

• Specifies that the child may be paid through direct payments or to a representative payee who is certified by a social services official (Sec. 1).

• Requires social services to provide retroactive payments to the child if (Sec. 2):

• The certification of representative payee is not completed before the child’s 21st birthday; and 

• The adoptive parents lost custody through termination of adoption or death after the child’s 18th birthday.

• Specifies that the effective date of this bill is 90 days after it is signed into law (Sec. 4).

Full Bill Text