NY Soc Serv L § 453 (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 9 - Subsidies for the Adoption of Children 453 - Maintenance Subsidy; Handicapped or Hard to Place Child.

§ 453. Maintenance subsidy; handicapped or hard to place child. 1. (a) A  social services official shall make monthly payments for the care and maintenance of a handicapped or  hard  to  place  child  whom  a  social services  official  has  placed for adoption or who has been adopted and for the care and maintenance of a handicapped or  hard  to  place  child placed  for adoption by a voluntary authorized agency who is residing in such social services district. Where a  handicapped  or  hard  to  place child  is  placed  in  an  adoptive placement outside the state, monthly payments for the care and maintenance of the child shall be made by  the social  services  official  placing  the  child or in whose district the voluntary  authorized  agency  maintains  its  principal  office.   Such payments  shall  be  made  until  the  child's  twenty-first birthday to persons with whom the child has been placed,  or  to  persons  who  have adopted  the  child  and  who  applied  for  such  payments prior to the adoption, pursuant to a written agreement therefor between such official or agency and such persons; provided, however, that an  application  may be  made subsequent to the adoption if the adoptive parents first become aware of the child's  physical  or  emotional  condition  or  disability subsequent  to the adoption and a physician certifies that the condition or disability existed prior to the child's adoption. The social services official shall consider the financial status of such  persons  only  for the  purpose  of  determining  the  amount  of  the payments to be made, pursuant to subdivision three of this section. Upon the death of persons who have adopted the child prior to the  twenty-first  birthday  of  the child,  such  payments shall continue to the legal guardian or custodian of the child under the age of  eighteen  upon  issuance  of  letters  of guardianship  or  order  of  custody  and shall continue until the child shall attain the age of twenty-one. If the guardian or custodian was the caretaker of the child under the age of eighteen prior to  the  issuance of  letters  of guardianship or order of custody, such payments shall be made retroactively from the death of the adoptive parent or parents.  (a-1) Payments pursuant to this section may be made by direct  deposit or   debit   card,   as  elected  by  the  recipient,  and  administered electronically, and in accordance with such guidelines  as  may  be  set forth  by  regulation of the office of children and family services. The office of children and family  services  may  enter  into  contracts  on behalf  of  local  social  services districts for such direct deposit or debit card services in accordance  with  section  twenty-one-a  of  this chapter.  (b)  Any child with respect to whom federally reimbursable maintenance subsidy payments are made under this subdivision shall be deemed to be a recipient of aid to families with dependent  children  for  purposes  of determining eligibility for medical assistance.  (c) No payments may be made pursuant to this subdivision if the social services  official  determines  that  the adoptive parents are no longer legally responsible for the support of the child  or  the  child  is  no longer  receiving  any  support  from  such parents. The social services official on a biennial basis shall remind the adoptive parents of  their obligation  to  support  the  child  and  to  notify the social services official if the adoptive parents are no longer providing any support  of the  child  or  are no longer legally responsible for the support of the child.  (d) Applications for such subsidies shall be  accepted  prior  to  the commitment of the guardianship and custody of the child to an authorized agency  pursuant to the provisions of this chapter, and approval thereof may be granted contingent upon such commitment.  (e) Upon the death of the sole or surviving adoptive  parent  or  both adoptive   parents   after   the  eighteenth  birthday  and  before  the  twenty-first birthday of the adopted child, where such  adoptive  parent or  parents  were  receiving  adoption  subsidy  payments at the time of death, such subsidy payments shall continue but shall  be  made  to  the guardian  of the child on behalf of such child, where the child consents to the appointment of a guardian. Such subsidy payments  shall  be  made retroactively  from  the  death of the adoptive parent or parents to the appointment of a guardian, and shall  continue  until  the  twenty-first birthday  of  the  child.  If,  however, there is no willing or suitable person to be appointed as guardian, or the child does not consent to the appointment  of  a  guardian,  such  subsidy  payments  shall  be   made retroactively from the death of the adoptive parent or parents and shall continue  to  be  made until the twenty-first birthday of the child: (i) through direct payments to the child, if the  social  services  official determines that the child demonstrates the ability to manage such direct payments;  or  (ii)  to  a  representative payee certified by the social services official.  (f) Upon receipt of notification of the death of the sole or surviving adoptive parent or both adoptive parents after the  eighteenth  birthday and  before  the  twenty-first birthday of the adopted child, where such adoptive parent or parents were receiving adoption subsidy  payments  at the  time  of death, the social services official shall notify the child of: (i) the processes available to continue subsidy payments  until  the twenty-first  birthday  of the child including appointment of a guardian under the surrogate's court procedure act, application  to  be  approved for  direct  subsidy  payments,  or  the appointment of a representative payee; and (ii) the right of the  child  to  be  involved  in  all  such processes.  (g)  Where  the social services official has determined that the child does not demonstrate the ability to manage direct subsidy payments,  the social services official shall certify payment to a representative payee on  behalf of the child. Subsidy payments received by the representative payee shall be held and used strictly for the use  and  benefit  of  the child.   Designation   of  the  appropriate  entity  or  individual  and investigation of an individual for  certification  as  a  representative payee shall be conducted by the social services official responsible for payment of the adoption subsidy pursuant to this section.  (i)  The  social  services  official  may designate an employee of the social services district to be the representative payee responsible  for receipt  of  the  adoption subsidy on behalf of the child only where the official determines that such employee has no conflict  of  interest  in performing  the  duties  and obligations as representative payee. If the child resides in a social services  district  other  than  the  district responsible  for  payment  of  the adoption subsidy, the social services district in which the child resides may be designated the representative payee and a social services official of such district  shall  select  an employee  of such social services district to be responsible for receipt of the adoption subsidy as the  representative  payee,  only  where  the official  determines  that  such employee has no conflict of interest in performing the duties and obligations as  a  payee.  Where  a  voluntary authorized  agency  has  a prior relationship with a child, or where the social services district does not have sufficient or  appropriate  staff available  to  perform  the  functions  of the representative payee, the social services district may contract with a voluntary authorized agency as the representative payee on behalf of  the  child  where  the  social services  district  determines  it would be in the best interests of the child to do so.  (ii) The social services official  may  designate  an  individual  for certification  as a representative payee who shall perform the functions  and duties of  a  representative  payee  in  accordance  with  the  best interests  of  the  child.  In  determining  whether  an  individual  is appropriate to be certified as  the  representative  payee,  the  social services  official shall first consult with the child and shall give the child's preferences significant weight. The child's preference shall  be determinative  of  the  representative  payee only where such preference does not conflict with  the  best  interests  of  the  child.  Prior  to designation  of  an  individual  by  the  social  services  official for certification as a representative payee, the  social  services  official shall:  (A)  collect proof of identity and a verifiable social security number of the nominated representative payee;  (B) conduct an in-person interview of the individual;  (C) investigate any potential conflicts of interest that may ensue  if such individual is certified; and  (D) determine the capabilities and qualifications of the individual to manage the subsidy payment for the child.  (iii)  (A)  If,  after  completion  of  the  investigation, the social services  official  is  satisfied  that  the  individual  is  qualified, appropriate  and  will serve the best interests of the child, the social services  official  shall  certify  the  selected  individual   as   the representative payee for the child.  (B)  If  the  twenty-first birthday of the child occurs while awaiting the certification of a representative payee, the child shall be entitled to retroactive direct payment of subsidy payments since the death of the adoptive parent or parents after the eighteenth birthday of the child.  (iv) The representative payee  shall  submit  reports  to  the  social services  official  no  less  than once a year describing the use of the payments in the preceding year.  Such  reports  shall  be  submitted  by December  thirty-first  of  each  year. The social services official may also request reports from time to time from the representative payee. If a representative payee fails to submit a  report,  the  social  services official  may  require that the representative payee appear in person to collect payments. The social services official shall keep a  centralized file and update it periodically with information including the addresses and   social   security  or  tax-payer  identification  numbers  of  the representative payee and the child.  (v) The social services official shall revoke the certification  of  a representative payee upon:  (A) determining that the representative payee has misused the payments intended for the benefit of the child;  (B)  the  failure of the representative payee to submit timely reports or appear in person as required by the social  services  official  after such failure; or  (C) the request of the child upon good cause shown.  (vi)  The  social  services  official  shall  notify  the child of the contact information of the representative  payee  within  five  days  of making a designation.  (vii)  A  child may appeal the refusal of the social services official to certify the individual preferred by the child  for  certification  as the representative payee or revoke the certification of a representative payee  upon  request  of  the  child  pursuant  to  section four hundred fifty-five of this title.   2. The agreement provided for in subdivision one of this section shall be subject to the approval of the department upon the application of the social services official; provided, however, that in accordance with the regulations of the department, the department may authorize  the  social services  official  to  approve or disapprove the agreement on behalf of  the department. In either situation, if the agreement is not approved or disapproved by the  social  services  official  within  thirty  days  of submission,  the  voluntary  authorized  agency may submit the agreement directly to the department for approval or disapproval. If the agreement is not disapproved in writing by the department within thirty days after its  submission to the department, it shall be deemed approved. Any such disapproval shall be accompanied by a written statement of  the  reasons therefor.   3.  The  amount  of  the monthly payment made pursuant to this section shall be determined pursuant to regulations of the department and  based upon  the  financial  need  of such persons. The department shall review such regulations annually. The amount of the monthly payment  shall  not be less than seventy-five per centum of the board rate nor more than one hundred per centum of such rate.   4. Except as may be required by federal law as a condition for federal reimbursement  of  public  assistance  expenditures, payments under this section  shall  not  be  considered  for  the  purpose  of   determining eligibility  for  public  assistance  or  medical  assistance  for needy persons.