What's happening
This bill strengthens oversight and clarifies rules for adoption subsidies, including annual certification, support definitions, and payment redirection.
Why it matters
Tightens eligibility for adoption subsidies. by defining "support" more specifically, ensuring subsidies only go to adoptive parents meeting the child's direct needs (food, clothing, shelter, education, medical care), and clarifies when parents are no longer "legally responsible."
Requires annual (not biennial) certification. from adoptive parents, increasing oversight and accountability for continued support and prompt notification of changes in the child's living or custodial situation.
Mandates proactive investigation and evidence of support. if there are allegations or signs a child is no longer receiving support—allowing for home visits, direct contact, and requiring documentation before continuing payments.
Redirects or terminates payments when support lapses. If adoptive parents stop providing support, subsidies can be terminated or redirected to a guardian/custodian, or directly to the child (ages 18-21) or their representative payee, ensuring the assistance follows the child's actual needs and living situation.
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Who cares
Adoptive parents receiving subsidies
They would have to certify annually that they are meeting subsidy agreement obligations and report changes in the child’s residence, custody or guardianship.
- Likely support
Local social services officials
They would have to review suspected failures to support adopted children and terminate, reduce or suspend payments as specified in the bill.
Custodians and guardians of adopted children
They would receive adoption assistance through the child’s twenty-first birthday when the child lives with them and assistance to the adoptive parents is terminated under the bill.
Adopted young adults ages 18 to 20
They could receive payments directly or through a certified representative payee if their adoptive parents’ assistance is terminated and no other person has legal custody or guardianship.
Headline styles
Tighten Adoption Subsidy Rules
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to children and families
- Referred to children and families
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Tighten Adoption Subsidy Rules
In Assembly Committee · Children And Families · Sponsor Andrew Hevesi
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3562
2019-2020 Regular Sessions
IN SENATE
February 8, 2019
Introduced by Sens. MONTGOMERY, PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families
AN ACT to amend the social services law, in relation to the adoption subsidies provided for disabled or hard to place children
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (c) of subdivision 1 of section 453 of the social services law, as amended by chapter 83 of the laws of 1995, is amended and four new paragraphs (c-2), (c-3), (c-4) and (c-5) are added to read as follows:
(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; or (B) a court has ruled that the adoptive parent is no longer legally responsible for the support of the child.
(c-1) The social services official on [a biennial] 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;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01073-01-9
S. 3562 2
(ii) remind the adoptive parents of [their obligation] 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 [and];
(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 parent.
(c-2) If the adoptive parent fails to respond to an annual certification notice within thirty days of the receipt of the certification notice from the social services official, the social services official may:
(i)(A) contact the adoptive parent by letter, telephone or electronic means; or (B) if other means of contact have not been successful, visit the home of the adoptive parent; and
(ii) require the adoptive parent, as a condition for the continuation of the subsidy payments, to produce evidence of the support that is being provided on behalf of the adopted child.
(c-3) (i) If the social services official receives from any person information that provides reasonable cause to suspect that the adoptive parent is 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 found to no longer reside with the adoptive parent.
(ii) In conducting the review described in this paragraph, the social services official may:
(A) contact the adoptive parent by letter, telephone, electronic, or other means;
(B) visit the home of the adoptive parent; and
(C) require the adoptive parent, as a condition for the continuation of the subsidy payments, to produce evidence of the support that is being provided on behalf of the adopted child.
(iii) If the child is not in foster care and 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
S. 3562 3
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.
(c-4) If the social services official terminates the adoption assistance provided to adoptive parents pursuant to paragraph (c-three) 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. Such payments shall be made retroactive from the termination of assistance to the adoptive parents pursuant to paragraph (c-three) 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.
(c-5) If the social services official terminates the adoption assistance provided to adoptive parents pursuant to paragraph (c-three) of this subdivision after the eighteenth birthday and before the twentyfirst 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.
§ 2. Clause (B) of subparagraph (iii) of paragraph (g) of subdivision 1 of section 453 of the social services law, as added by chapter 518 of the laws of 2006, is amended to read as follows:
(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-three) of this subdivision after the eighteenth birthday of the child.
§ 3. Subdivision 2 of section 453 of the social services law, as amended by chapter 83 of the laws of 1995, is amended to read as follows:
2. [The] 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.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to the adoption subsidies provided for disabled or hard to place chil- dren
Purpose or general idea of bill
Relates to the subsidies that may be provided to a parent to who adopts a disabled or hard to place child.
Summary of provisions
Amends paragraph (c) of subdivision 1 of S 453 of the social services law, and adds four new paragraphs (c-2) (c-3), (c-4) and (c-5).
Read the full memo (1,395 words)
Paragraph (c) is amended to specify that "any support" shall be limited to support that is a direct benefit for the adopted child, that meets their basic needs, and also clarifies the meaning of the term "no longer legally responsible for the support of the child".
Paragraph (c-1) is amended to simply require basic certification by the adoptive parents that they are fulfilling their obligations pursuant to any adoption subsidy agreement on an annual, rather than biennial basis, and also reminds the adoptive parents of their obligation to notify the local department of social services if another person has been granted custody of, appointed guardianship of, or if the child no longer resides with the adoptive parent.
New paragraph (c-2) states that social services officials may contact the adopted parents for failure to respond to annual certification notices, and require the adoptive parent to produce evidence of support as a basis of continued subsidy payments.
New paragraph (c-3) allows that if a social services official receives reasonable cause to suspect the adoptive parent is no longer providing support, for a variety of circumstances, that they may review whether the adoptive parents are legally responsible for support of the child.
New paragraph (c-4) specifies that the social services official may enter into an agreement with a new custodian or guardian of the child to make adoption assistance payments to the custodian or guardian until the child's twenty-first birthday.
New paragraph (c-5) states that if the social services official termi- nates the the adoption assistance subsidy to the adoptive parents prior to the child's 21' birthday, and no other person has legal guardianship, the social services official shall make payments to the child via direct payments; or to a representative payee certified by the social services official.
Justification
New York State Social Services Law Section 453 provides assistance, in the form of a monthly subsidy, to help adoptive parents meet the varied and often costly needs of children who are adopted out of foster care. These subsidy payments* are made to the adoptive parents of children who fall within the definition of "handicapped" and "hard to place." Payments can total up to $1,941 per month per adopted child and continue until the child's twenty-first birthday.** In New York State, 97.8 percent of parents who adopt children from foster care receive the adoption subsidy.***
Most adoptive parents use the subsidy as it was intended - for the bene- fit, support and care of the adopted children in a permanent, safe, stable, and loving home. In some cases, however, the subsidy is paid to adoptive parents who are neither providing a home nor support for his or her adopted child. A number of these are instances in which the children have returned to foster care (on voluntary placement, abuse or neglect charges, PINS petitions). In 2015, the New York City Administration for Children's Services ("ACS") confirmed this to be the case. Then-Commis- sioner Gladys Carrion reported that in a single month during the previ- ous year ACS had paid the adoption subsidy for 143 adopted children who were, at the time of payment, back in foster care.****
The Commissioner's statistic, which she deemed "alarming," does not fully capture the extent of the problem, as it only accounts for payments made within New York City and does not include cases in which a court granted custody or guardianship to another adult (due to the inability or unwillingness of the adoptive parent to continue to care for the child), or cases in which the children find themselves forced to live on their own before turning 21. Notably, the latter results in a number of young people becoming homeless or suffering housing instabili- ty.*****
Notwithstanding the intent of the adoption subsidy to benefit the child, NYS law currently contains no provision for the social services district paying the subsidy to confirm that the adoptive parent is, in fact, supporting his or her adopted child. The law also contains no provision that authorizes courts to suspend, terminate or reduce the adoption subsidy, or to order that the subsidy be transferred from the adoptive parent to another individual who is caring for the child. Currently, the adoption subsidy may be paid to a successor custodian/guardian or to the adoptee, directly, only when the adoptive parent dies. This bill is necessary to ensure that the subsidy flows to a successor guardian or custodian, and ultimately benefits the adopted child, in all cases in which an adoptive parent is no longer providing a home or support for the child.
This bill is also necessary to ensure that the State is not paying the subsidy to an adoptive parent and at the same time providing support for the child through another system - such as foster care, SNAP ("food stamps"), cash assistance, or shelter placement because the adoptive parent is not using the subsidy for the care and support of the child. Enacting this bill to prevent duplicative payments could result in substantial savings to the State. At any given point in time, there are at least 150 children in New York City, alone, who have reentered foster care after adoption. The State is simultaneously paying the adoption subsidy and the foster care subsidy for these children. Eliminating this double payment could save a minimum of $12 million.******
This bill will ensure that in NYS the adoption subsidy is linked to each adopted child and permit the subsidy to be transferred in the event that an alternate adult receives a final order of custody or guardianship for the child. It will also provide a means for the subsidy to be given directly to a youth or to a payee who has been certified by a local DSS in order to help the young person manage the subsidy payments when he or she is over the age of 18 and no longer receives support from an adop- tive parent. Without unnecessary disruption to families or inappropriate intrusion into family life, this Act safeguards funds that the State provides to adoptive parents in order to ensure that their adoptive ' children thrive.
Fiscal implications
The bill will result in a significant savings to the State by eliminat- ing duplicative payments for adopted. children.
Effective date
This act shall take effect immediately *Payments are made to adoptive parents pursuant to Social Services Law Section 453. The subsidy is comprised of funding from federal, state, & local sources. Approximately 50% of the funds are federal, 31% state, and 19% are from individual counties. **"Maximum State Aid Rates for Foster Boarding Home Payments, Adoption Subsidies, and KinGAP Assistance Payments 2015-16 Rate Year (April 1, 2016 - June 30, 2016)," The Office of Child and Family Services, http://ocfs.ny.gov/ main/Rates/FosterCare/Rates/160608t2OFEHt20 Rates%20160401-160630.pdf (last visited Dec. 16, 2016); see also Soc. Serv. § 453. ***"Receiving Adoption Subsidy: October 1, 2013 to September 30, 2014 (FY 2014)," U.S. Department of Health and Human Services, Administration for Children and Families, Administration on Children, Youth and Fami- lies, Children's Bureau, (July 2015) https://www.acf.hhs.gov/sites/default/files/ cb/adoption_subsidy2014.pdf. ****Gladys Carrion, Letter to Kathleen McHugh of the US Department of Health and Human Services, Administration for Children and Families, at 2 (June 15, 2015), https://assets.documentcloud.org/ documents/2680481/The-NYC-Administration- for-Children-sServices.pdf. *****Covenant House NY, a shelter which serves youth ages 16 -21 in NYC, conducted a four-month survey of youth that they encounter in their shelter. As a result of that survey, Covenant House approximated that each year they serve over 120 youth who had been adopted, but were no longer able to live with their adoptive parent. ******Lawyers for Children, a law office that represents children in NYC foster care, determined that at a single, typical, point in time, approximately 150 of its clients had reentered foster care following an adoption. On average, these children re-entered foster care at age 14 and remained in placement for 5 years- until they reached adulthood
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.