New York State Assembly

 
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A00898 Summary:

A00898 Actions:

A00898 Committee Votes:

Committee:JUDICIARY   Chair:Lavine      
DATE:05/26/2021AYE/NAY:21/0  Action: Favorable refer to committee Codes        
Lavine
Aye
Montesano
Aye
Zebrowski
Aye
Norris
Aye
Weprin
Aye
Walsh
Aye
Braunstein
Aye
Byrnes
Aye
Quart
Aye
Brown
Aye
Steck
Aye
Tannousis
Aye
Seawright
Aye
Joyner
Aye
Abinanti
Aye
Wallace
Aye
Walker
Aye
Cruz
Aye
McMahon
Aye
Mitaynes
Aye
Rajkumar
Aye

Committee:CODES   Chair:Dinowitz      
DATE:06/02/2021AYE/NAY:22/0  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Morinello
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Montesano
Aye
Cymbrowitz
Aye
Reilly
Aye
O'Donnell
Aye
Mikulin
Aye
Lavine
Aye
Tannousis
Aye
Perry
Aye
Abinanti
Aye
Weprin
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye

Committee:RULES   Chair:Gottfried      
DATE:06/08/2021AYE/NAY:30/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Gottfried
Aye
Hawley
Aye
Nolan
Aye
Giglio
Aye
Weinstein
Aye
Blankenbush
Aye
Pretlow
Aye
Norris
Aye
Cook
Aye
Montesano
Aye
Glick
Aye
Ra
Aye
Aubry
Aye
Brabenec
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye

A00898 Floor Votes:

A00898 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A898B
 
SPONSOR: Woerner

 
TITLE OF BILL:
 
An act to amend the domestic relations law and the family court act, in
relation to establishing a living allowance for adults with develop-
mental disabilities
 
 
PURPOSE:
 
To aid families and dependent adults who have surpassed the age of
majority for child support, but have developmental disabilities that
necessitate a living allowance.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 amends the Domestic Relations Law by adding a new section
240-d, to provide opportunities for continued support, similar to
current child support provisions, for certain adults with developmental
disabilities. This award amount would be at the discretion of the Court,
where such individual has a diagnosis of a developmental disability, as
defined in the Mental Hygiene Law, resides with the person seeking such
support, and is principally dependent on such person for maintenance.
 
Section 2 amends the Family Court Act in similar fashion. Section 3
establishes the Effective Date
 
 
JUSTIFICATION:
 
The "age of majority" is the legal age established by state law which
defines that an individual is no longer a minor, and as a young adult,
is granted the right and responsibility to make certain legal choices
that adults make. In some states, you are considered an adult at the age
of 18 or upon high school graduation, in others it is extended until the
age of 21.
 
According to the National. Conference of State Legislatures, an excep-
tion to the rule that parents' duty to support their children ends at
the children's majority occurs when the child has mental or physical
disabilities and cannot support his/herself. Oftentimes courts define
"disability" in economic terms, meaning the inability of the disabled
adult to adequately care for themselves through their own means.
 
Currently 40 states have provisions allowing custodial parents to pursue
child support after age 21 for their adult children with disabilities.
Our neighboring states New Jersey, Massachusetts and Rhode Island all
passed such legislation. States differ as to whether support for a disa-
bled adult is determined by the state's child support guidelines or by
the needs of the adult as balanced by the parents ability to provide
support.
 
Families with dependent, adult-children with developmental disabilities,
face numerous challenges in providing necessary support for their loved
ones. These challenges can at times become overwhelming, especially when
they are being faced by a single parent trying to provide the best life
they can for their child. It is the responsibility of both parents to
assist in the expenses that occur while assisting an adult with develop-
mental disabilities, and we must help-ensure these families achieve the
lives they have always wanted for themselves and their child. This
legislation aims to provide families with the assistance they need in
order to offer the life their loved ones deserve.
 
 
LEGISLATIVE HISTORY:
 
A.6658-C of 2020: Passed the Assembly 144/0 on 6/21/19.
 
S.5276-B of 2020: Referred to Children and Families.
 
 
FISCAL IMPLICATIONS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect immediately.

A00898 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         898--B
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M.  of A. WOERNER, WALSH, FAHY, WILLIAMS, REYES, HUNTER,
          GUNTHER, JEAN-PIERRE, SIMON, GALEF, HYNDMAN, SOLAGES, DAVILA, BUTTENS-
          CHON, SEAWRIGHT, DICKENS,  GLICK,  McMAHON,  M. MILLER,  NIOU,  QUART,
          CUSICK,  ASHBY, BRABENEC, WALCZYK, BYRNES, SMULLEN, FRIEND, MONTESANO,
          J. M. GIGLIO, BLANKENBUSH, MANKTELOW, HAWLEY, GOODELL,  BYRNE,  DiPIE-
          TRO,   MORINELLO,  ROZIC,  LUPARDO,  DARLING,  WALKER,  HEVESI,  COOK,
          WALLACE, WEPRIN, L. ROSENTHAL, STIRPE, CRUZ, BRAUNSTEIN --  read  once
          and  referred  to  the Committee on Judiciary -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee  --  reported  and  referred  to  the  Committee on Codes --
          reported and referred to the Committee on  Rules  --  Rules  Committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to the Committee on Rules
 
        AN  ACT to amend the domestic relations law and the family court act, in
          relation to establishing a living allowance for adults  with  develop-
          mental disabilities
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The domestic relations law  is  amended  by  adding  a  new
     2  section 240-d to read as follows:
     3    § 240-d. Support orders for certain adult dependents. 1. Notwithstand-
     4  ing  any other law, a person who would otherwise be chargeable under law
     5  with support of a minor child is also chargeable with the support of any
     6  such individual until such individual reaches  the  age  of  twenty-six,
     7  when it shall appear to the satisfaction of the court that the person is
     8  developmentally disabled as defined in subdivision twenty-two of section
     9  1.03  of  the  mental  hygiene law, resides with the person seeking such
    10  support, and is principally dependent on such person for maintenance.  A
    11  finding of a developmental disability shall be supported by a  diagnosis
    12  and  accompanying  report  of a physician, licensed psychologist, regis-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01275-06-1
        A. 898--B                           2
 
     1  tered professional nurse, licensed clinical social worker or a  licensed
     2  master  social worker under the supervision of a physician, psychologist
     3  or licensed clinical social worker authorized to  practice  under  title
     4  eight  of  the  education  law,  and acting within their lawful scope of
     5  practice.
     6    2. Upon petition brought by such person,  the  court  shall  make  its
     7  award for support for such individual with a developmental disability in
     8  accordance  with  the  provisions  of  subdivision  one-b of section two
     9  hundred forty of this article.  In addition to the provisions of  subdi-
    10  vision one-b of section two hundred forty of this article, the court may
    11  consider whether the financial responsibility of caring for the individ-
    12  ual  has  been  unreasonably  placed  on one parent when determining the
    13  support obligation. The duration of time the court may use when  consid-
    14  ering  this  factor  shall  be  limited to the time period from when the
    15  child turned twenty-one until the  individual  turns  twenty-six.  If  a
    16  child  support  order ended at the age of eighteen then such time period
    17  shall be from when the child turned eighteen until the individual  turns
    18  twenty-six.
    19    3.  The  court  has  jurisdiction  to determine proceedings brought by
    20  petition and order to show cause, for the determination  of  support  of
    21  such  adult  dependents, as well as to enforce or modify orders or judg-
    22  ments.
    23    4. The court shall have discretion to order the payor  party  to  make
    24  support  payments  either  to  the  petitioner  or  to the trustee of an
    25  "exception trust" as   defined in  42  U.S.C.  1396p(d)(4)(A)  and  (C),
    26  clause  (iii) of subparagraph two of paragraph (b) of subdivision two of
    27  section three hundred sixty-six of the social services law, and  section
    28  7-1.12  of  the  estates,  powers and trusts law if such direction would
    29  assist in maximizing assistance to the child.
    30    5. Except where inconsistent with this section, all provisions of this
    31  article relating to orders of child support shall apply to all orders of
    32  support for adults with developmental disabilities.
    33    § 2. The family court act is amended by adding a new section 413-b  to
    34  read as follows:
    35    § 413-b. Support orders for certain adult dependents. 1. Notwithstand-
    36  ing  any other law, a person who would otherwise be chargeable under law
    37  with support of a minor child is also chargeable with the support of any
    38  such individual until such individual reaches  the  age  of  twenty-six,
    39  when it shall appear to the satisfaction of the court that the person is
    40  developmentally  disabled  as  defined  under  subdivision twenty-two of
    41  section 1.03 of the mental hygiene law, resides with the person  seeking
    42  such  support,  and  is principally dependent on such person for mainte-
    43  nance.  A finding of a developmental disability shall be supported by  a
    44  diagnosis and accompanying report of a physician, licensed psychologist,
    45  registered  professional  nurse,  licensed  clinical  social worker or a
    46  licensed master social worker under  the  supervision  of  a  physician,
    47  psychologist  or  licensed clinical social worker authorized to practice
    48  under title eight of the education law, and acting within  their  lawful
    49  scope of practice.
    50    2.  Upon  petition  brought  by  the parent or kinship caregiver of an
    51  adult child with a disability,  the  court  shall  make  its  award  for
    52  support  for  such individual with a developmental disability in accord-
    53  ance with the provisions of subdivision  one  of  section  four  hundred
    54  thirteen  of this part. In addition to the provisions of subdivision one
    55  of section four hundred thirteen of this part, the  court  may  consider
    56  whether  the  financial  responsibility of caring for the individual has
        A. 898--B                           3
 
     1  been unreasonably placed  on  one  parent  when  determining  the  child
     2  support  obligation. The duration of time the court may use when consid-
     3  ering this factor shall be limited to the  time  period  from  when  the
     4  child  turned  twenty-one  until  the  individual turns twenty-six. If a
     5  child support order ended at the age of eighteen then such  time  period
     6  shall  be from when the child turned eighteen until the individual turns
     7  twenty-six.
     8    3. The court has jurisdiction  to  determine  proceedings  brought  by
     9  petition  and  order  to show cause, for the determination of support of
    10  such dependents, as well as to enforce or modify orders or judgments.
    11    4. The court shall have discretion to order the payor  party  to  make
    12  support  payments  either  to  the  petitioner  or  to the trustee of an
    13  "exception trust" as defined in 42 U.S.C. 1396p(d)(4)(A) and (C), clause
    14  (iii) of subparagraph two of paragraph (b) of subdivision two of section
    15  three hundred sixty-six of the social services law, and  section  7-1.12
    16  of  the estates, powers and trusts law if such direction would assist in
    17  maximizing assistance to the child.
    18    5. Except where inconsistent with this section, all provisions of this
    19  article relating to orders of child support shall apply to all orders of
    20  support for adults with developmental disabilities.
    21    § 3. This act shall take effect immediately.