Relates to the provision of information on post-adoption services to adoptive parents.
Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
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.
90 days following the enactment.
STATE OF NEW YORK ________________________________________________________________________ 247--A 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 -- reported favorably from said committee and committed to the Commit- tee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. Section 372-b of the social services law is amended by adding a new subdivision 4 to read as follows: 4. A. EACH LOCAL SOCIAL SERVICES DISTRICT SHALL CREATE AND KEEP CURRENT A RESOURCE GUIDE DESCRIBING AVAILABLE LOCAL, AND TO THE EXTENT PRACTICABLE, REGIONAL POST-ADOPTION SERVICES, WHETHER PROVIDED DIRECTLY BY THE DISTRICT OR BY A NON-GOVERNMENTAL ENTITY, INCLUDING A DESCRIPTION OF SERVICES, LOCATION AND CONTACT INFORMATION FOR EACH APPLICABLE SERVICE PROVIDER, NOTING THAT THE DISTRICT IS NOT RESPONSIBLE FOR COSTS THAT THEY WOULD NOT OTHERWISE PROVIDE. SUCH SERVICES MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, RESPITE, COUNSELING, MENTAL HEALTH, SUPPORT GROUPS AND OTHER SERVICES THE DISTRICT DEEMS APPROPRIATE IN ORDER TO FOSTER AND MAINTAIN PERMANENCY. SUCH RESOURCE GUIDE SHALL BE PROVIDED TO ADOPTIVE PARENTS IN THE APPLICABLE FAMILY COURT DURING, OR PRIOR TO, THE FINAL ADOPTION PROCEEDING. B. THE RESOURCE GUIDE SHALL BE MADE AVAILABLE TO THE FAMILY COURT BY MEANS INCLUDED BUT NOT LIMITED TO E-MAIL, FAX, OR HARD COPY SO AS TO GUARANTEE THAT THE FAMILY COURT WILL HAVE CONTINUED ACCESS TO SUCH DOCU- MENT AND THE FINALIZATION OF THE ADOPTION WILL NOT BE IMPEDED. S 2. Section 112 of the domestic relations law is amended by adding a new subdivision 9 to read as follows:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01552-04-1 S. 247--A 2
9. THE RULES OF THE COURT SHALL REQUIRE THAT PRIOR TO THE GRANTING OF THE ORDER OF ADOPTION, THE PRESIDING JUDGE OR SURROGATE SHALL ENSURE THAT THE ADOPTIVE PARENT OR PARENTS HAVE RECEIVED INFORMATION ON THE AVAILABILITY AND LOCATION OF POST-ADOPTION SERVICES IN ACCORDANCE WITH SECTION THREE HUNDRED SEVENTY-TWO-B OF THE SOCIAL SERVICES LAW. FAILURE TO PROVIDE THE RESOURCE GUIDE SHALL NOT DELAY THE PROCEEDING OR AFFECT THE VALIDITY OF THE ADOPTION. S 3. Section 115 of the domestic relations law is amended by adding a new subdivision 14 to read as follows: 14. THE RULES OF THE COURT SHALL REQUIRE THAT PRIOR TO THE GRANTING OF THE ORDER OF ADOPTION, THE PRESIDING JUDGE OR SURROGATE SHALL ENSURE THAT THE ADOPTIVE PARENT OR PARENTS HAVE RECEIVED INFORMATION ON THE AVAILABILITY AND LOCATION OF POST-ADOPTION SERVICES IN ACCORDANCE WITH SECTION THREE HUNDRED SEVENTY-TWO-B OF THE SOCIAL SERVICES LAW. FAILURE TO PROVIDE THE RESOURCE GUIDE SHALL NOT DELAY THE PROCEEDING OR AFFECT THE VALIDITY OF THE ADOPTION. S 4. This act shall take effect on the ninetieth day after it shall have become a law.