Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E O F N E W Y O R K
________________________________________________________________________
784
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sen. PERSAUD -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the social services law, in relation to the termination
of certain subsidies provided to adoptive parents for disabled or hard
to place children; and to amend a chapter of the laws of 2024 amending
the social services law relating to the adoption subsidies provided
for disabled or hard to place children, as proposed in legislative
bills numbers S. 8745 and A. 3580-A, in relation to the effectiveness
thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraphs (ii), (iii) and (iv) of paragraph (c-2) and
paragraphs (c-3) and (c-4) of subdivision 1 of section 453 of the social
services law, as added by a chapter of the laws of 2024 amending the
social services law relating to the adoption subsidies provided for
disabled or hard to place children, as proposed in legislative bills
numbers S. 8745 and A. 3580-A, are amended to read as follows:
(ii) The adoptive parents shall be given an opportunity to respond to
the notice. Upon receiving confirmation that the parents continue to
meet their legal obligations to provide support to the child, the
department will take no further action to [reduce, suspend, or] termi-
nate the subsidy. If the parents fail to confirm that they continue to
meet their legal obligations to provide support to the child, the social
services official shall review all available information in order to
confirm the parents' continued eligibility to receive the subsidy.
(iii) If the child is not in foster care and, based on a review of the
available information, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02686-01-5
S. 784 2
[assistance] SUBSIDY provided to the adoptive parents pursuant to this
section. The adoptive parents may appeal the termination of [assist-
ance] SUBSIDY 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]
SHALL terminate the [assistance] SUBSIDY provided to the adoptive
parents pursuant to this section. The adoptive parents may appeal the
termination of [assistance] SUBSIDY to the department in accordance with
section twenty-two of this chapter.
(V) If [assistance] A SUBSIDY 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] SUCH SUBSIDY effective from the date when the child
was returned to the adoptive parent's care.
(c-3) If the social services official terminates the adoption [assist-
ance] SUBSIDY provided to adoptive parents pursuant to paragraph (c-2)
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], PURSUANT TO a written
agreement [to], make adoption [assistance] SUBSIDY payments to the
custodian or guardian; provided, however, that no person shall receive
an adoption subsidy payment for any child for whom they previously had
parental rights which were terminated pursuant to a proceeding under
section three hundred eighty-four-b of this article or for whom they
previously had parental rights which were surrendered pursuant to a
written instrument executed in accordance with [section] SECTIONS three
hundred eighty-three-c of OR THREE HUNDRED EIGHTY-FOUR this article.
Such payments shall be made retroactive from the termination of [assist-
ance] SUBSIDY to the adoptive parents pursuant to paragraph (c-2) of
this subdivision and shall be made until the child's twenty-first birth-
day. A custodian or guardian who receives adoption [assistance] SUBSIDY
payments pursuant to this paragraph shall be subject to the same
requirements that apply to adoptive parents under this section.
(c-4) If the social services official terminates the adoption [assist-
ance] SUBSIDY provided to adoptive parents pursuant to paragraph (c-2)
of this subdivision after the eighteenth birthday and before the twen-
ty-first 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 offi-
cial determines the child demonstrates the ability to manage such direct
payments; or
(ii) to a representative payee certified by the social services offi-
cial 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 amended by a chapter of
the laws of 2024 amending the social services law relating to the
adoption subsidies provided for disabled or hard to place children, as
proposed in legislative bills numbers S. 8745 and A. 3580-A, 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] THE SUBSI-
S. 784 3
DY to the adoptive parent or parents pursuant to paragraph (c-2) of this
subdivision after the eighteenth birthday of the child.
§ 3. Section 4 of a chapter of the laws of 2024 amending the social
services law relating to the adoption subsidies provided for disabled or
hard to place children, as proposed in legislative bills numbers S. 8745
and A. 3580-A, is amended to read as follows:
§ 4. This act shall take effect [immediately] ON THE NINETIETH DAY
AFTER IT SHALL HAVE BECOME A LAW; provided however that:
(a) the office of children and family services shall submit to the
United States Department of Health and Human Services, Administration
for Children, Youth and Families, an amendment to the state title IV-E
state plan regarding the provisions of this act;
(b) notwithstanding any other provision of law, SUBPARAGRAPH (V) OF
PARAGRAPH (C-2) AND PARAGRAPHS (C-3) AND (C-4) OF SUBDIVISION 1 OF
SECTION 453 OF THE SOCIAL SERVICES LAW, AS ADDED BY SECTION ONE OF THIS
ACT, AND SECTION TWO OF this act shall not take effect unless and until
ninety days following the date that the United States Department of
Health and Human Services, Administration for Children, Youth and Fami-
lies approves a title IV-E state plan amendment regarding [the] SUCH
provisions of this act; and
(c) the office of children and family services shall notify the legis-
lative bill drafting commission upon the occurrence of the submission
set forth in this section in order that the commission may maintain an
accurate and timely effective data base of the official text of the laws
of the state of New York in furtherance of effectuating the provisions
of section 44 of the legislative law and section 70-b of the public
officers law.
(d) 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.
§ 4. This act shall take effect immediately; provided, however, that
section one of this act shall take effect on the same date and in the
same manner as a chapter of the laws of 2024 amending the social
services law relating to the adoption subsidies provided for disabled or
hard to place children, as proposed in legislative bills numbers S. 8745
and A. 3580-A, takes effect.Every fact on this page links to its source, starting with the official bill record.