S9771 • 2025

Relates to referrals for child support enforcement for foster care maintenance payments

Children

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: Luis R. Sepúlveda
Last action: 2026-05-19
Official status: In Senate Committee
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Relates to referrals for child support enforcement for foster care maintenance payments

Relates to referrals for child support enforcement for foster care maintenance payments Relates to liability to support a child who is placed in foster care pursuant to an approved application for foster care maintenance; provides that such liability shall not be imposed if it will adversely affect the health, safety or welfare of the child on whose behalf such payments are to be made or other persons in the child's household or will adversely affect the length of the child's placement or impair the ability of the child to return home when discharged from foster care; limits the ability of a county or local social services district to cause a referral to be sent for the purpose of commencing collection of child support for a child placed in foster care.

What This Bill Does

Relates to referrals for child support enforcement for foster care maintenance payments Relates to liability to support a child who is placed in foster care pursuant to an approved application for foster care maintenance; provides that such liability shall not be imposed if it will adversely affect the health, safety or welfare of the child on whose behalf such payments are to be made or other persons in the child's household or will adversely affect the length of the child's placement or impair the ability of the child to return home when discharged from foster care; limits the ability of a county or local social services district to cause a referral to be sent for the purpose of commencing collection of child support for a child placed in foster care.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

2026-05-19 Senate
REPORTED AND COMMITTED TO FINANCE
2026-04-06 Senate
REFERRED TO JUDICIARY

Official Summary Text

Relates to referrals for child support enforcement for foster care maintenance payments
Relates to liability to support a child who is placed in foster care pursuant to an approved application for foster care maintenance; provides that such liability shall not be imposed if it will adversely affect the health, safety or welfare of the child on whose behalf such payments are to be made or other persons in the child's household or will adversely affect the length of the child's placement or impair the ability of the child to return home when discharged from foster care; limits the ability of a county or local social services district to cause a referral to be sent for the purpose of commencing collection of child support for a child placed in foster care.

Current Bill Text

Read the full stored bill text

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          9771

                                    I N  S E N A T E

                                      April 6, 2026
                                       ___________

        Introduced  by Sens. SEPULVEDA, MAYER -- read twice and ordered printed,
          and when printed to be committed to the Committee on Judiciary

        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  ORDER
    12  ISSUED BY A COURT OF COMPETENT JURISDICTION, PURSUANT TO ANY APPLICATION
    13  FOR  SUPPORT  UNDER  THIS ARTICLE EXCEPT WHERE A COURT HAS FOUND A CHILD
    14  WAS SUBJECTED TO AGGRAVATED CIRCUMSTANCES AS DEFINED IN SUBDIVISION  (J)
    15  OF SECTION ONE THOUSAND TWELVE OF THIS CHAPTER.
    16    (C)  NOTWITHSTANDING PARAGRAPH (B) OF THIS SUBDIVISION, SUCH LIABILITY
    17  SHALL NOT BE IMPOSED IF IT WILL ADVERSELY AFFECT THE HEALTH,  SAFETY  OR
    18  WELFARE  OF  THE  CHILD  ON WHOSE BEHALF SUCH PAYMENTS ARE TO BE MADE OR
    19  OTHER PERSONS IN THE CHILD'S HOUSEHOLD  OR  WILL  ADVERSELY  AFFECT  THE
    20  LENGTH  OF  THE  CHILD'S PLACEMENT OR IMPAIR THE ABILITY OF THE CHILD TO
    21  RETURN HOME WHEN DISCHARGED FROM FOSTER CARE.
    22    (D) NO COUNTY OR LOCAL SOCIAL SERVICES DISTRICT SHALL CAUSE A REFERRAL
    23  TO BE SENT FOR THE PURPOSE OF COMMENCING COLLECTION OF CHILD SUPPORT FOR
    24  A CHILD PLACED IN FOSTER CARE UNLESS SUCH COUNTY OR DISTRICT HAS  REASON
    25  TO BELIEVE LIABILITY MAY BE IMPOSED UNDER PARAGRAPH (B) OF THIS SUBDIVI-
    26  SION.
    27    §  2.  This  act shall take effect on the ninetieth day after it shall
    28  have become a law. Effective immediately, the addition, amendment and/or
    29  repeal of any rule or regulation necessary  for  the  implementation  of
    30  this  act  on its effective date are authorized to be made and completed
    31  on or before such effective date.

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00935-01-5