New York 2025-2026 Regular Session

New York Assembly Bill A01036

Introduced
1/8/25  
Refer
1/8/25  

Caption

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.

Summary

Bill A01036 amends the Family Court Act to clarify the liability of individuals to support children placed in foster care. It specifies that no liability shall be imposed on a person to support a child who is placed in foster care unless there is a court finding of aggravated circumstances. Furthermore, it establishes that liability will not be enforced if it adversely affects the child's health, safety, or welfare, or if it impacts the length of the child's foster care placement or their ability to return home. The bill aims to protect the interests of children in foster care by limiting the circumstances under which support obligations can be enforced.

Impact

The bill modifies existing laws regarding child support enforcement for foster care maintenance payments in New York. It restricts the conditions under which counties or local social services districts can initiate child support collection for foster care placements, thereby potentially reducing the financial burden on families in certain situations. This change may lead to fewer families facing legal action for child support related to foster care placements, promoting a more supportive environment for children in transition.

Sentiment

The sentiment surrounding Bill A01036 appears to be generally positive, with support for its intent to protect children’s welfare in foster care situations. However, there may be concerns from some stakeholders about the implications of limiting support obligations, particularly regarding the financial responsibilities of parents and the potential impact on foster care funding.

Contention

Notable points of contention may arise from differing views on parental responsibility and the financial implications of the bill. Some advocates for children's welfare may argue that it is essential to ensure that all children receive adequate support, while others may emphasize the need to protect families from undue financial strain, especially in cases where enforcement could harm the child's well-being or chances of returning home.

Companion Bills

NY S03660

Same As 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.

NY S09771

Same As 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.

Previously Filed As

NY S09771

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.

NY S03660

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.

NY HB1779

supporting the cultural background of children placed in foster care.

NY HB4750

Children: foster care; department to use or conserve benefits for children in foster care in the best interests of the children in foster care; provide. Amends 1994 PA 203 (MCL 722.951 - 722.960) by adding sec. 8f.

NY AB1115

The assignment of child support orders and arrears to the state when a child enters foster care and the role of the Department of Children and Families, county departments of human and social services, and juvenile courts in referring, collecting, and ordering child support. (FE)

NY SB1072

The assignment of child support orders and arrears to the state when a child enters foster care and the role of the Department of Children and Families, county departments of human and social services, and juvenile courts in referring, collecting, and ordering child support. (FE)

NY HF953

A bill for an act relating to legal representation for children who are placed in, or may be placed in, foster care.(Formerly HF 373.)

NY HF1918

Department of Children, Youth, and Families policy language; TEACH early childhood program, great start compensation support payment program, child welfare policies, and out-of-home placement plans updated; and provisions to prevent foster care placements modified.

NY HB579

Recruiting Families Using Data Act of 2025This bill requires state plans for child welfare services to provide for the development and implementation of a family partnership plan to improve foster care placement stability, increase rates of kinship placements, and align the composition of foster and adoptive families with the needs of children in or entering foster care.The Children's Bureau of the Administration for Children and Families also must include in its annual report information from states about the number, demographics, and characteristics of foster and adoptive families as well as a summary of the challenges related to recruiting and being foster or adoptive parents.

NY S00922

Provides that regulations shall provide for payments for the financial support of a foster child for one week following the termination of their foster care status and that such payments shall be at the same schedule and rate as when such child was in foster care.

Similar Bills

No similar bills found.