Relates to kinship guardian assistance payments.

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S5745-2011 Actions

• Jun 21, 2011: SUBSTITUTED BY A8339
• Jun 21, 2011: ORDERED TO THIRD READING CAL.1439
• Jun 14, 2011: REFERRED TO RULES

S5745-2011 Meetings

Rules: Jun 24, 2011

S5745-2011 Calendars

Floor Calendar: Jun 21, 2011

S5745-2011 Votes

S5745-2011 Memo

BILL NUMBER:S5745

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.

JUSTIFICATION:

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.

S5745-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    5745

                         2011-2012 Regular Sessions

                              I N  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  number

   EXPLANATION--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.