S 9771 NY
Relates to referrals for child support enforcement for foster care maintenance payments
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Summary
New York Senate Bill 9771 limits the ability of counties and local social services districts to pursue child support enforcement for children placed in foster care by amending the Family Court Act. The bill provides that no liability to support a child in foster care shall be imposed unless a court has found the child was subjected to aggravated circumstances as defined by law. Even where aggravated circumstances are found, liability shall not be imposed if it would adversely affect the child's health, safety, welfare, or the welfare of other persons in the child's household, or if it would adversely affect the length of the child's placement or impair the child's ability to return home. The bill limits referrals for child support enforcement to situations where the county or local social services district has reason to believe liability may be imposed under the law. The bill takes effect 90 days after becoming law.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Official abstract
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.
Sponsor (1)
- Luis R. Sepúlveda Democratic · primary
1 coauthor / cosponsor
- Shelley Mayer Democratic · cosponsor
Action history (2)
- Apr 6, 2026 REFERRED TO JUDICIARY · upper
- May 19, 2026 REPORTED AND COMMITTED TO FINANCE · upper
Text versions (2)
Full text
Full text imported from assembly.state.ny.us
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Bill No.: Summary Actions Committee Votes Floor Votes Memo Text LFIN Chamber Video/Transcript S09771 Summary: BILL NO S09771   SAME AS SAME AS A01036
  SPONSOR SEPULVEDA   COSPNSR MAYER   MLTSPNSR   Amd §413, Fam Ct Act   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.
Go to top S09771 Text:
STATE OF NEW YORK ________________________________________________________________________
9771
IN SENATE
April 6, 2026 ___________
Introduced by Sens. SEPULVEDA, MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the family court act, in relation to referrals for child support enforcement for foster care maintenance payments
The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:
1 Section 1. Subdivision 2 of section 413 of the family court act, as 2 added by chapter 745 of the laws of 1984, is amended to read as follows: 3 2. (a) Nothing in this article shall impose any liability upon a 4 person to support the adopted child of [ his or her ] such person's 5 spouse, if such child was adopted after the adopting spouse is living 6 separate and apart from the non-adopting spouse pursuant to a legally 7 recognizable separation agreement or decree under the domestic relations 8 law. Such liability shall not be imposed for so long as the spouses 9 remain separate and apart after the adoption. 10 (b) Nothing in this article shall impose any liability upon a person 11 to support a child who is placed in foster care pursuant to an order 12 issued by a court of competent jurisdiction, pursuant to any application 13 for support under this article except where a court has found a child 14 was subjected to aggravated circumstances as defined in subdivision (j) 15 of section one thousand twelve of this chapter. 16 (c) Notwithstanding paragraph (b) of this subdivision, such liability 17 shall not be imposed if it will adversely affect the health, safety or 18 welfare of the child on whose behalf such payments are to be made or 19 other persons in the child's household or will adversely affect the 20 length of the child's placement or impair the ability of the child to 21 return home when discharged from foster care. 22 (d) No county or local social services district shall cause a referral 23 to be sent for the purpose of commencing collection of child support for 24 a child placed in foster care unless such county or district has reason 25 to believe liability may be imposed under paragraph (b) of this subdivi- 26 sion. 27 § 2. This act shall take effect on the ninetieth day after it shall 28 have become a law. Effective immediately, the addition, amendment and/or 29 repeal of any rule or regulation necessary for the implementation of 30 this act on its effective date are authorized to be made and completed 31 on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00935-01-5
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