Relates to kinship guardian assistance payments.
TITLE OF BILL: An act to amend the social services law, in relation to kinship guardian assistance payments
PURPOSE: To ensure that destitute children are included among the categories of children who would he eligible for the kinship guardian program.
SUMMARY OF PROVISIONS: Section one of the hill would expand the definition of a child to include children who come into care through Article 10-c of the Family Court Act, which is the court proceeding for destitute children.
Section two of the bill would provide that no subsidy agreement may he put into place by the district prior to a fact-finding and permanency hearing in an Article 10-c proceeding.
Section three would provide that the bill would take effect on the same date and in the same manner as a chapter of the laws of 2011, as proposed by A.7836-A.
Chapter 58 of the Laws of 2010 established the Kinship Guardianship Assistance Program to assist in moving children out of foster care and into permanency. The program provides subsidies to eligible relative caretakers Upon an order of guardianship by the Family Court. Such financial assistance enables grandparents and other relatives to care for children who cannot be returned home or adopted.
The recently enacted destitute child law establishes a proceeding for children without a parent to sufficiently care for them, to enter foster care with court oversight. Despite its many benefits to destitute children, the law did not clarify that such children could be eligible for subsidized kinship guardianship. This bill would make such clarification, thereby expanding the potential permanency options for destitute children.
LEGISLATIVE HISTORY: This is a new bill
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This bill will become effective on the same date and in the same manner as a chapter of the laws of 2011, as proposed by A.7836-A. The sections of the bill which are amended would take place on the same date and in the same manner as the chapter of 2010 establishing the subsidized Kinship Guardianship Program.
STATE OF NEW YORK ________________________________________________________________________ 5745 2011-2012 Regular Sessions IN SENATE June 14, 2011 ___________Introduced by Sen. SALAND -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the social services law, in relation to kinship guardian assistance payments THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 458-a of the social services law, as added by section 4 of part F of chapter 58 of the laws of 2010, is amended to read as follows: 1. "Child" shall mean a person under the age of twenty-one years whose custody, care and custody, or custody and guardianship have been commit- ted to a social services official prior to such person's eighteenth birthday pursuant to section three hundred fifty-eight-a, three hundred eighty-four, three hundred eighty-four-a or three hundred eighty-four-b of this chapter or article three, seven
[or], ten OR 10-C of the family court act. S 2. Subparagraph (i) of paragraph (e) of subdivision 1 of section 458-b of the social services law, as added by section 4 of part F of chapter 58 of the laws of 2010, is amended to read as follows: (i) If the child has been placed into foster care pursuant to article ten OR TEN-C of the family court act, that both the fact finding hearing pursuant to section one thousand fifty-one of the family court act OR SECTION ONE THOUSAND NINETY-FIVE OF THE FAMILY COURT ACT, RESPECTIVELY, and the first permanency hearing pursuant to paragraph two of subdivi- sion (a) of section one thousand eighty-nine of the family court act have been completed; or S 3. This act shall take effect immediately; provided that sections one and two of this act shall take effect on the same date and in the same manner as a chapter of the laws of 2011, amending the family court act and the social services law relating to procedures for destitute children in the family court as proposed in legislative bill numberEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13121-03-1 S. 5745 2
A.7836A takes effect; provided however if section 4 of part F of chapter 58 of the laws of 2010 shall not have taken effect on or before legisla- tive bill number A.7836A takes effect, then sections one and two of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2010 takes effect; and provided, further, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effec- tive date are authorized and directed to be made and completed on or before such effective date.