Increases the time frame for payments of certain expenses by adoptive parents, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2425--A
                                                         Cal. No. 312
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2025
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on  Social Services -- recommitted to the Committee on Social Services
   in accordance with Assembly Rule 3, sec. 2  --  advanced  to  a  third
   reading, passed by Assembly and delivered to the Senate, recalled from
   the  Senate,  vote  reconsidered,  bill  amended,  ordered  reprinted,
   retaining its place on the order of third reading
 
 AN ACT to amend the social services law,  in  relation  to  payments  of
   certain expenses by adoptive parents
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6 of section 374 of the social services law, as
 amended by chapter 305 of the laws  of  2008,  is  amended  to  read  as
 follows:
   6.  (A)  An authorized agency, as defined in paragraphs (a) and (c) of
 subdivision ten of section three hundred seventy-one of this title,  may
 charge  or  accept  a  fee  or other compensation to or from a person or
 persons with whom it has placed out a  child,  for  the  reasonable  and
 necessary expenses of such placement; and no agency, association, corpo-
 ration,  institution, society or organization, except such an authorized
 agency, and no person may  or  shall  request,  accept  or  receive  any
 compensation  or  thing  of value, directly or indirectly, in connection
 with the placing out or adoption of a child or  for  assisting  a  birth
 parent,  relative  or guardian of a child in arranging for the placement
 of the child for the purpose of adoption; and no person may or shall pay
 or give to any person or to any agency, association, corporation, insti-
 tution, society or organization, except such an authorized  agency,  any
 compensation  or  thing  of  value in connection with the placing out or
 adoption of a child or for assisting a birth parent, relative or guardi-
 an of a child in arranging for  the  placement  of  the  child  for  the
 purpose  of  adoption. The prohibition set forth in this section applies
 to any adoptive placement activity involving a child born  in  New  York
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04953-02-6
 A. 2425--A                          2
 
 state  or brought into this state or involving a New York resident seek-
 ing to bring a child into New York state for the purpose of adoption.
   (B)  This subdivision shall not be construed to prevent the payment of
 salaries or other compensation by an authorized agency to  the  officers
 or  employees  thereof; nor shall it be construed to prevent the payment
 by a person with whom a child has been  placed  out  of  reasonable  and
 actual  medical  fees  or  hospital  charges  for  services  rendered in
 connection with the birth of such child or of other  necessary  expenses
 incurred  by the birth mother in connection with or as a result of [her]
 SUCH BIRTH MOTHER'S pregnancy or the birth of the child, or  of  reason-
 able  and  actual nursing, medical or hospital fees for the care of such
 child, if such payment is made to the physician, nurse or  hospital  who
 or  which  rendered the services or to the birth mother of the child, or
 to prevent the receipt of such payment by such physician, nurse,  hospi-
 tal  or birth mother. This subdivision shall not be construed to prevent
 the payment by an adoptive parent, as defined  in  section  one  hundred
 nine of the domestic relations law, of the birth mother's reasonable and
 actual  expenses for housing, maternity clothing, clothing for the child
 and transportation for a reasonable period not  to  exceed  [sixty]  ONE
 HUNDRED  EIGHTY days prior to the birth and the later of [thirty] FORTY-
 FIVE days after the birth or [thirty] FORTY-FIVE days after the parental
 consent to the adoption, unless a court  determines,  in  writing,  that
 [exceptional] circumstances exist which require the payment of the birth
 mother's  expenses beyond the time periods stated in this sentence. This
 subdivision shall not be construed to prevent the payment by an adoptive
 parent, as defined in section one hundred nine of the domestic relations
 law, of reasonable and actual legal fees charged  for  consultation  and
 legal  advice,  preparation of papers and representation and other legal
 services rendered in connection with an adoption proceeding or of neces-
 sary disbursements incurred for or in an adoption proceeding. No  attor-
 ney  or  law  firm shall serve as the attorney for, or provide any legal
 services to both the birth parent and adoptive parent in regard  to  the
 placing  out  of  a  child for adoption or in an adoption proceeding. No
 attorney or law firm shall serve as the attorney  for,  or  provide  any
 legal services to, both an authorized agency and adoptive parent or both
 an  authorized  agency  and  birth  parent  where  the authorized agency
 provides adoption services to such  birth  parent  or  adoptive  parent,
 where the authorized agency provides foster care for the child, or where
 the  authorized agency is directly or indirectly involved in the placing
 out of such child for adoption.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.