This bill has been amended

Bill S247-2011

Relates to the provision of information on post-adoption services to adoptive services

Relates to the provision of information on post-adoption services to adoptive parents.

Details

Actions

  • Jun 7, 2011: REPORTED AND COMMITTED TO FINANCE
  • Jan 5, 2011: REFERRED TO CHILDREN AND FAMILIES

Meetings

Votes

VOTE: COMMITTEE VOTE: - Children and Families - Jun 7, 2011
Ayes (6): Johnson, Saland, Young, Savino, Montgomery, Duane

Memo

BILL NUMBER:S247

TITLE OF BILL: An act to amend the social services law and the domestic relations law, in relation to the provision of information on post-adoption services to adoptive parents

GENERAL IDEA OF BILL: The purpose of this bill is to notify adoptive parents of available local and regional post adoption services.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill would require social services districts to create and keep current a resource guide of available post-adoption services to be given to the family court. The family court would then be required to provide this resource guide to adoptive parents during or prior to the final adoption proceedings.

Section 2 of the bill adds a new subdivision 9 to Section 112 of the Domestic Relation Law requiring that the presiding judge or surrogate ensures that the adoptive parent receives the post adoptive resource guide.

Section 3 of the bill adds a new subdivision 14 of Section 115 of the domestic relation law requiring that the presiding judge or surrogate ensures that the adoptive parent receives the post adoption resource guide.

Section 4 of the bill states enactment 90 days after this bill becomes law.

JUSTIFICATION: Post adoption services have gained recognition for the successful outcomes they can have in ensuring adoptions last. It is important that families adopting children from foster care or private adoption agencies receive information on available post-adoption services. Services such as respite, family counseling and mental health treatment help maintain permanency for families who face challenges after an adoption. Often, challenges among adoptive families may not emerge until sometime after the adoption is completed, when the family no longer interacts with the local social services districts or Family Court. It is therefore essential that parents receive information on available services prior to the conclusion of the adoption proceedings. Such information would increase access to essential services and help to prevent disruption in adoptive families.

PRIOR LEGISLATIVE HISTORY: 2010: S.8132-A -- Passed Senate

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.

EFFECTIVE DATE: 90 days following the enactment.


Text

STATE OF NEW YORK ________________________________________________________________________ 247 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the social services law and the domestic relations law, in relation to the provision of information on post-adoption services to adoptive parents THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The social services law is amended by adding a new section 372-h to read as follows: S 372-H. POST-ADOPTION SERVICES. 1. EACH LOCAL SERVICES DISTRICT SHALL CREATE AND KEEP CURRENT A RESOURCE GUIDE DESCRIBING AVAILABLE LOCAL, AND TO THE EXTENT PRACTICABLE, REGIONAL POST-ADOPTION SERVICES. 2. SUCH RESOURCE GUIDE SHALL INCLUDE: (A) A LIST OF SERVICES THE DISTRICT DEEMS APPROPRIATE IN ORDER TO FOSTER AND MAINTAIN PERMANENCY OF CHILDREN FOLLOWING ADOPTION INCLUDING, BUT NOT LIMITED TO: (I) RESPITE SERVICES FOR FAMILIES FOLLOWING ADOPTION; (II) COUNSELING AND MENTAL HEALTH SERVICES FOR FAMILIES FOLLOWING ADOPTION; AND (III) POST-ADOPTION SUPPORT GROUPS. (B) LOCATION AND CONTACT INFORMATION FOR SERVICE PROVIDERS LISTED IN THE RESOURCE GUIDE, IF SUCH INFORMATION IS KNOWN. (C) A NOTICE PROVIDING THAT THE DISTRICT IS NOT RESPONSIBLE TO PAY FOR COSTS OR SERVICES THAT THEY WOULD NOT OTHERWISE BE REQUIRED BY LAW TO PROVIDE OR PAY FOR. 3. LOCAL SOCIAL SERVICES DISTRICTS SHALL MAKE AVAILABLE THROUGH THE DISTRICT'S WEBSITE OR BY OTHER MEANS, THE RESOURCE GUIDE AVAILABLE TO PRE-ADOPTIVE FAMILIES AND TO THE APPLICABLE FAMILY COURT, OR COURTS, LOCATED WITHIN THE SAME COUNTY OR POLITICAL SUBDIVISION AS SUCH DISTRICT.
S 2. Section 112 of the domestic relations law is amended by adding a new subdivision 9 to read as follows: 9. (A) THE RULES OF THE COURT SHALL REQUIRE THAT PRIOR TO THE GRANTING OF THE ORDER OF ADOPTION, THE COURT SHALL ENSURE THAT THE ADOPTIVE PARENT OR PARENTS HAVE RECEIVED A RESOURCE GUIDE ON POST-ADOPTION SERVICES AS DESCRIBED IN SECTION THREE HUNDRED SEVENTY-TWO-H OF THE SOCIAL SERVICES LAW. (B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FAILURE TO PROVIDE THE RESOURCE GUIDE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT DELAY ANY ADOPTION PROCEEDING, PREVENT ANY COURT FROM ISSUING AN ORDER OF ADOPTION, OR AFFECT THE VALIDITY OF ANY ORDER OF ADOPTION ISSUED BY A COURT OF COMPETENT JURISDICTION IN THIS STATE. S 3. Section 115 of the domestic relations law is amended by adding a new subdivision 14 to read as follows: 14. (A) THE RULES OF THE COURT SHALL REQUIRE THAT PRIOR TO THE GRANT- ING OF THE ORDER OF ADOPTION, THE COURT SHALL ENSURE THAT THE ADOPTIVE PARENT OR PARENTS HAVE RECEIVED A RESOURCE GUIDE ON POST-ADOPTION SERVICES AS DESCRIBED IN SECTION THREE HUNDRED SEVENTY-TWO-H OF THE SOCIAL SERVICES LAW. (B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FAILURE TO PROVIDE THE RESOURCE GUIDE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT DELAY ANY ADOPTION PROCEEDING, PREVENT ANY COURT FROM ISSUING AN ORDER OF ADOPTION, OR AFFECT THE VALIDITY OF ANY ORDER OF ADOPTION ISSUED BY A COURT OF COMPETENT JURISDICTION IN THIS STATE. S 4. This act shall take effect on the ninetieth day after it shall have become a law.

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