New York Senate Bill S09771

New York 2025-2026 Regular Session

• Introduced: 4/6/26
• Refer: 4/6/26

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.

Impact

The bill introduces a critical change in how child support liabilities are handled for children in foster care. By limiting the ability of counties or local social services districts to refer cases for support collections that could harm a child's placement or their chances of returning home, it emphasizes a more compassionate approach to child welfare. This could potentially reshape existing practices and influence local policies relating to child support in foster care situations.

Summary

S09771 addresses the issue of liability for child support payments in the context of children placed in foster care. It specifies that liability to support a child under foster care cannot be imposed if such payments would adversely affect the health, safety, or welfare of the child or other households associated with the child. This provision is significant as it highlights the need to prioritize the well-being of children in foster care placements and aims to ensure that financial obligations do not compromise their safety or quality of life.

Contention

Notable points of contention may arise regarding the balance between financial obligations and child welfare. Some stakeholders may view the restrictions on support collection as necessary to protect children's interests, while others could argue that it might result in a gap in financial support for the foster care system. There may be concerns about the implications for local social services' budgets and the broader effects on child support enforcement, especially in areas already facing challenges in ensuring adequate funding for foster care services.