NYS Adoption Subsidy Legislation Introduced - FAQ

https://www.nysenate.gov/legislation/bills/2017/s6518

The Adoption Subsidy in New York State: Frequently Asked Questions

What is an adoption subsidy?

Adoption subsidies are monthly payments made to adoptive parents for the care and maintenance of a child adopted from foster care.  A primary purpose of the adoption subsidy is to ensure that adoptive parents can meet the many and often costly needs of children formerly in foster care.  

 Who receives the subsidy?

In New York State, a parent who adopts a child from foster care can receive the subsidy.  To do so, adoptive parents in New York City enter into payment contracts with the Administration for Children’s Services (ACS), while adoptive parents outside of New York City enter into contracts with the Office of Children and Family Services (OCFS).

 How many adoptive parents in New York State receive the adoption subsidy?

98% of all adoptions from foster care in New York State are subsidized.

 How much does the adoptive parent receive from the subsidy?

Subsidy payments are based on the child’s needs, and whether he or she falls into one of the following needs categories: basic, special, or exceptional.  Generally, the adoption subsidy ranges from approximately $800-$1900 a month for children over age 12.

 For how long does an adoptive parent receive the adoption subsidy?

An adoptive parent can receive the subsidy until the adopted child turns 21 years old.

 What happens to the subsidy when an adoptive parent is no longer caring for the adopted child?  

At present, the law provides that the subsidy can be transferred to an individual only in the event of the adoptive parent’s death.  There is currently no way to transfer the subsidy in cases where the Family Court judge appoints a new custodian or guardian, the child becomes homeless, or the child returns to foster care.   

 Is there a way to ensure that an adopted child benefits from the adoption subsidy, even if he or she is no longer residing with the adoptive parent?

Social Services Law § 453 could be amended to ensure that the adoption subsidy follows the child.  Such amendment would provide a mechanism for the subsidy to be transferred to a new guardian or custodian.  It would also permit a young person between the ages of 18 and 21 to receive the subsidy him or herself, or have it sent to a payee certified by the local Department of Social Services to help the young person manage the payments.

 With this amendment, if a child is temporarily placed in foster care, would the adoptive parent permanently lose the subsidy?

If an adopted child returns to foster care, the subsidy may be reduced, suspended or terminated, depending on whether the adoptive parent is providing any support to the child and/or is planning for the child’s return home.  The payments to the adoptive parents can be restored when the child is returned to the adoptive home.

 Would this bill create an undue burden for adoptive families?

No, this bill would merely require adoptive families to complete an annual certification form to establish their ongoing eligibility for the adoption subsidy, which is consistent with other forms of government assistance (such as SNAP and TANF).  

What would be the fiscal impact of such an amendment?

The bill will result in savings to the State.  There are several instances in which the state is making duplicative payments for the support of children who had been adopted.  For example, in 2015, 143 adopted children returned to foster care in New York City.  ACS simultaneously paid the adoption subsidy to the adoptive parents of these children, while also paying for their foster care placement.  Similarly, when an adopted child becomes homeless, government funds pay the adoption subsidy and that child’s receipt of services from runaway and homeless youth service providers.