NY State Assembly Bill 2017-A7555B

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2018	amended on third reading 7555b
Feb 27, 2018	amended on third reading 7555a
Jan 03, 2018	ordered to third reading cal.524
May 25, 2017	advanced to third reading cal.555
May 23, 2017	reported
May 16, 2017	reported referred to codes
May 02, 2017	referred to children and families

2017-A7555 - Details

See Senate Version of this Bill:: S5472
Law Section:: Family Court Act
Laws Affected:: Amd §§355.3, 756-a, 1088 & 1091, Fam Ct Act
Versions Introduced in 2019-2020 Legislative Session:: A7941, S6472

2017-A7555 - Summary

Provides for the reentry of certain foster children after they were discharged from foster care after attaining the age of eighteen for failure to consent or who were discharged from foster care after attaining the age of sixteen but who is or is likely to become homeless.

2017-A7555 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7555
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 2, 2017
                                ___________
 
 Introduced  by  M.  of  A.  JAFFEE -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on Children
   and Families
 
 AN ACT to amend the family court act, in relation to reentry  of  former
   foster care children into foster care

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6 of section 355.3 of the family court act,  as
 amended  by  chapter  663  of  the  laws  of 1985, is amended to read as
 follows:
   6. Successive extensions of placement under this section may be grant-
 ed, but no placement may be made or continued  beyond  the  respondent's
 eighteenth  birthday  without [the child's] HIS OR HER consent and in no
 event past [the child's] HIS OR HER twenty-first birthday.  A RESPONDENT
 WHO HAS ATTAINED THE AGE OF EIGHTEEN BUT IS LESS THAN  TWENTY  YEARS  OF
 AGE MAY MOVE OR, WITH HIS OR HER CONSENT, MAY BE THE SUBJECT OF A MOTION
 TO  REENTER FOSTER CARE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE
 THOUSAND NINETY-ONE OF THIS ACT, PROVIDED THAT:
   (I) THE RESPONDENT WAS EITHER DISCHARGED FROM FOSTER CARE ON OR  AFTER
 ATTAINING THE AGE OF EIGHTEEN DUE TO A FAILURE TO CONSENT TO THE CONTIN-
 UATION  OF  PLACEMENT  OR  WAS  DISCHARGED  FROM FOSTER CARE ON OR AFTER
 ATTAINING THE AGE OF SIXTEEN BUT WHO IS OR  IS  LIKELY  TO  BE  HOMELESS
 UNLESS RETURNED TO FOSTER CARE; AND
   (II)  WHERE  THE  RESPONDENT HAD BEEN PREVIOUSLY PLACED OR TRANSFERRED
 INTO PLACEMENT WITH A LOCAL SOCIAL SERVICES DISTRICT  PURSUANT  TO  THIS
 SECTION  OR  SECTION 353.3 OR 355.1 OF THIS PART, THE MOTION MAY BE MADE
 BY A SOCIAL SERVICES OFFICIAL; OR WHERE THE RESPONDENT HAD  BEEN  PREVI-
 OUSLY PLACED WITH THE STATE OFFICE OF CHILDREN AND FAMILY SERVICES FOR A
 NON-SECURE  OR  LIMITED SECURE LEVEL OF CARE PURSUANT TO THIS SECTION OR
 SECTION 353.3 OR 355.1 OF THIS PART WHERE THE PLACEMENT WAS  MADE  IN  A
 COUNTY  THAT  DOES  NOT  HAVE  AN  APPROVED "CLOSE TO HOME" PROGRAM, THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10273-01-7

 A. 7555                             2
 
 MOTION MAY BE MADE BY AN OFFICIAL OF THE STATE OFFICE  OF  CHILDREN  AND
 FAMILY SERVICES.
   §  2.  Subdivision  (f)  of  section 756-a of the family court act, as
 added by chapter 604 of the laws of 1986, is amended to read as follows:
   (f) Successive extensions of  placement  under  this  section  may  be
 granted,  but  no  placement may be made or continued beyond the child's
 eighteenth birthday without his or her consent and in no event past  his
 or  her twenty-first birthday.  A CHILD WHO WAS PREVIOUSLY PLACED WITH A
 LOCAL SOCIAL SERVICES DISTRICT PURSUANT TO SECTION SEVEN HUNDRED  FIFTY-
 SIX  OF  THIS  PART  AND WHO WAS DISCHARGED FROM FOSTER CARE ON OR AFTER
 ATTAINING THE AGE OF EIGHTEEN DUE TO A FAILURE TO CONSENT  TO  CONTINUA-
 TION OF PLACEMENT OR WAS DISCHARGED FROM FOSTER CARE ON OR AFTER ATTAIN-
 ING  THE  AGE  OF  SIXTEEN BUT WHO IS OR IS LIKELY TO BE HOMELESS UNLESS
 RETURNED TO FOSTER CARE MAY MOVE, OR, WITH HIS OR HER  CONSENT,  MAY  BE
 THE  SUBJECT OF A MOTION BY A SOCIAL SERVICES OFFICIAL TO REENTER FOSTER
 CARE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE  THOUSAND  NINETY-
 ONE OF THIS ACT.
   §  3.  Section 1088 of the family court act, as amended by chapter 605
 of the laws of 2011, is amended to read as follows:
   § 1088. Continuing court jurisdiction. (A) If a child is placed pursu-
 ant to section three hundred fifty-eight-a, three  hundred  eighty-four,
 or  three  hundred eighty-four-a of the social services law, or pursuant
 to section one thousand seventeen, one thousand twenty-two, one thousand
 twenty-seven, one thousand  fifty-two,  one  thousand  eighty-nine,  one
 thousand  ninety-one,  one  thousand ninety-four or one thousand ninety-
 five of this act, or directly placed with a relative pursuant to section
 one thousand seventeen or one thousand fifty-five of this act; or if the
 child is freed for adoption pursuant to section SIX HUNDRED THIRTY-SEVEN
 OF THIS ACT OR  SECTION  three  hundred  eighty-three-c,  three  hundred
 eighty-four  or  three hundred eighty-four-b of the social services law,
 the case shall remain on the court's calendar and the court shall  main-
 tain  jurisdiction  over  the  case  until  the child is discharged from
 placement and all orders regarding supervision, protection  or  services
 have expired.
   (B)  The  court shall rehear the matter whenever it deems necessary or
 desirable, or upon motion by any party entitled to notice in proceedings
 under this article, or by the attorney for the  child,  and  whenever  a
 permanency  hearing  is  required by this article. While the court main-
 tains jurisdiction over the case, the provisions of section one thousand
 thirty-eight of this act shall continue to apply.
   (C) The court  shall  also  maintain  jurisdiction  over  a  case  for
 purposes of hearing a motion to permit a former foster care youth [under
 the age of twenty-one who was discharged from foster care due to a fail-
 ure  to consent to continuation of placement], AS DEFINED IN SUBDIVISION
 (A) OF SECTION ONE THOUSAND NINETY-ONE OF THIS ACT,  to  return  to  the
 custody  of  the [local commissioner of] social services [or other offi-
 cer, board or department authorized to receive children as public charg-
 es] DISTRICT FROM WHICH THE YOUTH WAS MOST RECENTLY DISCHARGED,  OR,  IN
 THE CASE OF A CHILD FREED FOR ADOPTION, THE AUTHORIZED AGENCY INTO WHOSE
 CUSTODY AND GUARDIANSHIP THE CHILD HAS BEEN PLACED.
   §  4. Section 1091 of the family court act, as added by chapter 342 of
 the laws of 2010, is amended to read as follows:
   § 1091. Motion to return to foster care placement.   (A) FOR  PURPOSES
 OF  THIS  ARTICLE, "FORMER FOSTER CARE YOUTH" SHALL MEAN A YOUTH WHO HAS
 ATTAINED THE AGE OF EIGHTEEN BUT IS UNDER THE AGE OF TWENTY-ONE AND  WHO
 HAD BEEN:

 A. 7555                             3
 
   (1) DISCHARGED FROM FOSTER CARE ON OR AFTER ATTAINING THE AGE OF EIGH-
 TEEN  DUE  TO  A  FAILURE  TO  CONSENT TO CONTINUATION IN FOSTER CARE OR
 DISCHARGED FROM FOSTER CARE ON OR AFTER ATTAINING THE AGE OF SIXTEEN BUT
 WHO IS OR IS LIKELY TO BE HOMELESS UNLESS RETURNED TO FOSTER CARE; AND
   (2)(I)  PLACED  IN  FOSTER  CARE WITH A LOCAL SOCIAL SERVICES DISTRICT
 PURSUANT TO ARTICLE THREE, SEVEN, TEN, TEN-A OR TEN-C  OF  THIS  ACT  OR
 SECTION THREE HUNDRED FIFTY-EIGHT-A OF THE SOCIAL SERVICES LAW; OR
   (II)  FREED  FOR ADOPTION IN ACCORDANCE WITH SECTION SIX HUNDRED THIR-
 TY-SEVEN OF THIS ACT OR  SECTION  THREE  HUNDRED  EIGHTY-THREE-C,  THREE
 HUNDRED  EIGHTY-FOUR  OR  THREE  HUNDRED  EIGHTY-FOUR-B  OF  THE  SOCIAL
 SERVICES LAW BUT HAS NOT YET BEEN ADOPTED; OR
   (III) THE SUBJECT OF A MOTION TO RESTORE PARENTAL RIGHTS THAT HAD BEEN
 CONDITIONALLY GRANTED PURSUANT TO PARAGRAPH (III) OF SUBDIVISION (B)  OF
 SECTION SIX HUNDRED THIRTY-SEVEN OF THIS ACT; OR
   (IV)  PLACED  WITH  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES FOR A
 NON-SECURE OR LIMITED SECURE LEVEL OF CARE PURSUANT  TO  SECTION  353.3,
 355.1 OR 355.3 OF THIS ACT WHERE THE PLACEMENT WAS MADE IN A COUNTY THAT
 DOES NOT HAVE AN APPROVED "CLOSE TO HOME" PROGRAM.
   (B)  A  motion  to return a former foster care youth [under the age of
 twenty-one, who was discharged from foster care  due  to  a  failure  to
 consent  to  continuation  of  placement,]  to the custody of the [local
 commissioner of] social services [or other officer, board or  department
 authorized  to  receive  children as public charges] DISTRICT FROM WHICH
 THE YOUTH WAS MOST RECENTLY DISCHARGED, OR,  IN  THE  CASE  OF  A  YOUTH
 PLACED  WITH  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE
 WITH SUBPARAGRAPH (IV) OF PARAGRAPH  TWO  OF  SUBDIVISION  (A)  OF  THIS
 SECTION,  THE  COMMISSIONER  OF CHILDREN AND FAMILY SERVICES, OR, IN THE
 CASE OF A CHILD FREED FOR ADOPTION,  THE  SOCIAL  SERVICES  DISTRICT  OR
 AUTHORIZED AGENCY INTO WHOSE CUSTODY AND GUARDIANSHIP THE CHILD HAS BEEN
 PLACED,  may  be  made  by  such former foster care youth, or by [a] THE
 APPLICABLE OFFICIAL OF THE local social  services  [official]  DISTRICT,
 AUTHORIZED AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES upon the
 consent  of  such  former  foster  care  youth, if there is a compelling
 reason for such former foster care youth  to  return  to  foster  care[;
 provided however, that the].
   (C)  THE  court  shall not entertain a motion filed after [twenty-four
 months from] the [date of the first final discharge that occurred on  or
 after the] former foster care youth's [eighteenth] TWENTIETH birthday.
   [(a)]  (D) A motion made pursuant to this [section] ARTICLE by [a] THE
 APPLICABLE OFFICIAL OF THE LOCAL social  services  [official]  DISTRICT,
 AUTHORIZED AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES shall be
 made  by  order  to  show  cause. Such motion shall show by affidavit or
 other evidence that:
   (1) the former foster care youth  has  no  reasonable  alternative  to
 foster care;
   (2) the former foster care youth consents to enrollment in and attend-
 ance  at  an  appropriate  educational  or  vocational  program,  unless
 evidence is submitted that such enrollment or attendance is  unnecessary
 or inappropriate, given the particular circumstances of the youth;
   (3)  re-entry  into foster care is in the best interests of the former
 foster care youth; [and]
   (4) the former foster care youth consents to the re-entry into  foster
 care; AND
   (5)  IN  THE CASE OF A FORMER FOSTER YOUTH DISCHARGED FROM FOSTER CASE
 ON OR AFTER ATTAINING THE AGE OF SIXTEEN, THE YOUTH IS OR IS  LIKELY  TO
 BE HOMELESS UNLESS RETURNED TO FOSTER CARE.

 A. 7555                             4
 
   [(b)] (E) A motion made pursuant to this [section] ARTICLE by a former
 foster  care youth shall be made by order to show cause [or] ON ten days
 notice to the APPLICABLE OFFICE OF THE LOCAL social services  [official]
 DISTRICT,  AUTHORIZED  AGENCY  OR  THE  OFFICE  OF  CHILDREN  AND FAMILY
 SERVICES.  Such motion shall show by affidavit or other evidence that:
   (1) the requirements outlined in paragraphs one, two and three AND, IF
 APPLICABLE,  PARAGRAPH FIVE of subdivision [(a)] (D) of this section are
 met; and
   (2) (I) the applicable OFFICIAL OF THE local social services district,
 AUTHORIZED AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES consents
 to the re-entry of such former foster care youth, or [if]
   (II) the applicable OFFICIAL OF THE local  social  services  district,
 AUTHORIZED  AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES refuses
 to consent to the re-entry of such former foster care youth  and  [that]
 such refusal is unreasonable.
   [(c)]  (F)  (1)  If  at  any  time during the pendency of a proceeding
 brought pursuant to this [section] ARTICLE, the court finds a compelling
 reason that it is in the best interests of the former foster care  youth
 to  be  returned  immediately  to  the  custody  of the APPLICABLE local
 commissioner of social services or [other officer, board  or  department
 authorized to receive children as public charges] OFFICIAL OF THE APPLI-
 CABLE  AUTHORIZED  AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES,
 pending a final decision on the motion, the court may issue a  temporary
 order returning the youth to the custody of [the] SUCH local commission-
 er  of social services or other [officer, board or department authorized
 to receive children as public charges] OFFICIAL.
   (2) Where  the  APPLICABLE  OFFICIAL  OF  THE  local  social  services
 district,  AUTHORIZED  AGENCY  OR  THE  OFFICE  OF  CHILDREN  AND FAMILY
 SERVICES has refused to consent to the re-entry of a former foster  care
 youth,  and  where  it is alleged pursuant to SUBPARAGRAPH (II) OF para-
 graph two of subdivision [(b)] (E) of this section,  that  such  refusal
 [by  such  social  services  district]  is unreasonable, the court shall
 grant a motion made pursuant to subdivision [(b)] (E) of this section if
 the court finds and states in writing that the  refusal  [by  the  local
 social   services  district]  is  unreasonable.  For  purposes  of  this
 [section] ARTICLE, a court shall find that a refusal [by a local  social
 services  district] to allow a former foster care youth to re-enter care
 is unreasonable if:
   (i) the youth has no reasonable alternative to foster care;
   (ii) the youth consents to enrollment in and attendance at  an  appro-
 priate  educational  or  vocational  program,  unless  the court finds a
 compelling reason that such enrollment or attendance is  unnecessary  or
 inappropriate, given the particular circumstances of the youth; and
   (iii) re-entry into foster care is in the best interests of the former
 foster CARE youth.
   (3)  Upon  making  a  determination on a motion filed pursuant to this
 [section] ARTICLE, where a motion has previously been  granted  pursuant
 to  this  [section]  ARTICLE,  in  addition  to  the applicable findings
 required by this [section] ARTICLE, the court shall grant the motion  to
 return a former foster care youth to the custody of the APPLICABLE local
 commissioner  of  social services or [other officer, board or department
 authorized to receive children as public charges] OFFICIAL OF THE APPLI-
 CABLE AUTHORIZED AGENCY OR THE OFFICE OF CHILDREN AND  FAMILY  SERVICES,
 only:
   (i)  upon  a finding that there is a compelling reason for such former
 foster care youth to return to care;

 A. 7555                             5
 
   (ii) if the court has not previously granted a subsequent  motion  for
 such  former  foster care youth to return to care pursuant to this para-
 graph; and
   (iii)  upon consideration of the former foster care youth's compliance
 with previous orders  of  the  court,  including  the  youth's  previous
 participation  in  an  appropriate educational or vocational program, if
 applicable.
   § 5. This act shall take effect immediately.

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2017-A7555A - Details

See Senate Version of this Bill:: S5472
Law Section:: Family Court Act
Laws Affected:: Amd §§355.3, 756-a, 1088 & 1091, Fam Ct Act
Versions Introduced in 2019-2020 Legislative Session:: A7941, S6472

2017-A7555A - Summary

Provides for the reentry of certain foster children after they were discharged from foster care after attaining the age of eighteen for failure to consent or who were discharged from foster care after attaining the age of sixteen but who is or is likely to become homeless.

2017-A7555A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7555--A
                                                         Cal. No. 524
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 2, 2017
                                ___________
 
 Introduced  by  M.  of  A.  JAFFEE -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on Children
   and Families -- ordered  to  a  third  reading,  amended  and  ordered
   reprinted, retaining its place on the order of third reading

 AN  ACT  to amend the family court act, in relation to reentry of former
   foster care children into foster care
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 6 of section 355.3 of the family court act, as
 amended by chapter 663 of the laws  of  1985,  is  amended  to  read  as
 follows:
   6. Successive extensions of placement under this section may be grant-
 ed,  but  no  placement may be made or continued beyond the respondent's
 eighteenth birthday without [the child's] HIS OR HER consent and  in  no
 event past [the child's] HIS OR HER twenty-first birthday.  A RESPONDENT
 WHO  HAS  ATTAINED  THE AGE OF EIGHTEEN BUT IS LESS THAN TWENTY YEARS OF
 AGE MAY MOVE OR, WITH HIS OR HER CONSENT, MAY BE THE SUBJECT OF A MOTION
 TO REENTER FOSTER CARE IN ACCORDANCE WITH THE PROVISIONS OF SECTION  ONE
 THOUSAND NINETY-ONE OF THIS ACT, PROVIDED THAT:
   (I)  THE RESPONDENT WAS EITHER DISCHARGED FROM FOSTER CARE ON OR AFTER
 ATTAINING THE AGE OF EIGHTEEN DUE TO A FAILURE TO CONSENT TO THE CONTIN-
 UATION OF PLACEMENT OR WAS DISCHARGED  FROM  FOSTER  CARE  ON  OR  AFTER
 ATTAINING  THE  AGE  OF  SIXTEEN  BUT WHO IS OR IS LIKELY TO BE HOMELESS
 UNLESS RETURNED TO FOSTER CARE; AND
   (II) WHERE THE RESPONDENT HAD BEEN PREVIOUSLY  PLACED  OR  TRANSFERRED
 INTO  PLACEMENT  WITH  A LOCAL SOCIAL SERVICES DISTRICT PURSUANT TO THIS
 SECTION OR SECTION 353.3 OR 355.1 OF THIS PART, THE MOTION MAY  BE  MADE
 BY  A  SOCIAL SERVICES OFFICIAL; OR WHERE THE RESPONDENT HAD BEEN PREVI-
 OUSLY PLACED WITH THE STATE OFFICE OF CHILDREN AND FAMILY SERVICES FOR A
 NON-SECURE OR LIMITED SECURE LEVEL OF CARE PURSUANT TO THIS  SECTION  OR
 SECTION  353.3  OR  355.1 OF THIS PART WHERE THE PLACEMENT WAS MADE IN A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD10273-02-8

 A. 7555--A                          2
 
 COUNTY THAT DOES NOT HAVE AN  APPROVED  "CLOSE  TO  HOME"  PROGRAM,  THE
 MOTION  MAY  BE  MADE BY AN OFFICIAL OF THE STATE OFFICE OF CHILDREN AND
 FAMILY SERVICES.
   §  2.  Subdivision  6  of  section  355.3  of the family court act, as
 amended by section 75 of part WWW of chapter 59 of the laws of 2017,  is
 amended to read as follows:
   6. Successive extensions of placement under this section may be grant-
 ed,  but  no  placement may be made or continued beyond the respondent's
 eighteenth birthday without [the child's] HIS OR HER  consent  for  acts
 committed  before  the  respondent's  sixteenth birthday and in no event
 past [the child's] HIS OR HER twenty-first birthday except  as  provided
 for in subdivision four of section 353.5 of this part.  A RESPONDENT WHO
 HAS  ATTAINED  THE  AGE OF EIGHTEEN BUT IS LESS THAN TWENTY YEARS OF AGE
 MAY MOVE OR, WITH HIS OR HER CONSENT, MAY BE THE SUBJECT OF A MOTION  TO
 REENTER  FOSTER  CARE  IN  ACCORDANCE WITH THE PROVISIONS OF SECTION ONE
 THOUSAND NINETY-ONE OF THIS ACT, PROVIDED THAT:
   (I) THE RESPONDENT WAS EITHER DISCHARGED FROM FOSTER CARE ON OR  AFTER
 ATTAINING THE AGE OF EIGHTEEN DUE TO A FAILURE TO CONSENT TO THE CONTIN-
 UATION  OF  PLACEMENT  OR  WAS  DISCHARGED  FROM FOSTER CARE ON OR AFTER
 ATTAINING THE AGE OF SIXTEEN BUT WHO IS OR  IS  LIKELY  TO  BE  HOMELESS
 UNLESS RETURNED TO FOSTER CARE; AND
   (II)  WHERE  THE  RESPONDENT HAD BEEN PREVIOUSLY PLACED OR TRANSFERRED
 INTO PLACEMENT WITH A LOCAL SOCIAL SERVICES DISTRICT  PURSUANT  TO  THIS
 SECTION  OR  SECTION 353.3 OR 355.1 OF THIS PART, THE MOTION MAY BE MADE
 BY A SOCIAL SERVICES OFFICIAL; OR WHERE THE RESPONDENT HAD  BEEN  PREVI-
 OUSLY PLACED WITH THE STATE OFFICE OF CHILDREN AND FAMILY SERVICES FOR A
 NON-SECURE  OR  LIMITED SECURE LEVEL OF CARE PURSUANT TO THIS SECTION OR
 SECTION 353.3 OR 355.1 OF THIS PART WHERE THE PLACEMENT WAS  MADE  IN  A
 COUNTY  THAT  DOES  NOT  HAVE  AN  APPROVED "CLOSE TO HOME" PROGRAM, THE
 MOTION MAY BE MADE BY AN OFFICIAL OF THE STATE OFFICE  OF  CHILDREN  AND
 FAMILY SERVICES.
   §  3.  Subdivision  (f)  of  section 756-a of the family court act, as
 added by chapter 604 of the laws of 1986, is amended to read as follows:
   (f) Successive extensions of  placement  under  this  section  may  be
 granted,  but  no  placement may be made or continued beyond the child's
 eighteenth birthday without his or her consent and in no event past  his
 or  her twenty-first birthday.  A CHILD WHO WAS PREVIOUSLY PLACED WITH A
 LOCAL SOCIAL SERVICES DISTRICT PURSUANT TO SECTION SEVEN HUNDRED  FIFTY-
 SIX  OF  THIS  PART  AND WHO WAS DISCHARGED FROM FOSTER CARE ON OR AFTER
 ATTAINING THE AGE OF EIGHTEEN DUE TO A FAILURE TO CONSENT  TO  CONTINUA-
 TION OF PLACEMENT OR WAS DISCHARGED FROM FOSTER CARE ON OR AFTER ATTAIN-
 ING  THE  AGE  OF  SIXTEEN BUT WHO IS OR IS LIKELY TO BE HOMELESS UNLESS
 RETURNED TO FOSTER CARE MAY MOVE, OR, WITH HIS OR HER  CONSENT,  MAY  BE
 THE  SUBJECT OF A MOTION BY A SOCIAL SERVICES OFFICIAL TO REENTER FOSTER
 CARE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE  THOUSAND  NINETY-
 ONE OF THIS ACT.
   §  4.  Section 1088 of the family court act, as amended by chapter 605
 of the laws of 2011, is amended to read as follows:
   § 1088. Continuing court jurisdiction. (A) If a child is placed pursu-
 ant to section three hundred fifty-eight-a, three  hundred  eighty-four,
 or  three  hundred eighty-four-a of the social services law, or pursuant
 to section one thousand seventeen, one thousand twenty-two, one thousand
 twenty-seven, one thousand  fifty-two,  one  thousand  eighty-nine,  one
 thousand  ninety-one,  one  thousand ninety-four or one thousand ninety-
 five of this act, or directly placed with a relative pursuant to section
 one thousand seventeen or one thousand fifty-five of this act; or if the

 A. 7555--A                          3
 
 child is freed for adoption pursuant to section SIX HUNDRED THIRTY-SEVEN
 OF THIS ACT OR  SECTION  three  hundred  eighty-three-c,  three  hundred
 eighty-four  or  three hundred eighty-four-b of the social services law,
 the  case shall remain on the court's calendar and the court shall main-
 tain jurisdiction over the case  until  the  child  is  discharged  from
 placement  and  all orders regarding supervision, protection or services
 have expired.
   (B) The court shall rehear the matter whenever it deems  necessary  or
 desirable, or upon motion by any party entitled to notice in proceedings
 under  this  article,  or  by the attorney for the child, and whenever a
 permanency hearing is required by this article. While  the  court  main-
 tains jurisdiction over the case, the provisions of section one thousand
 thirty-eight of this act shall continue to apply.
   (C)  The  court  shall  also  maintain  jurisdiction  over  a case for
 purposes of hearing a motion to permit a former foster care youth [under
 the age of twenty-one who was discharged from foster care due to a fail-
 ure to consent to continuation of placement], AS DEFINED IN  SUBDIVISION
 (A)  OF  SECTION  ONE  THOUSAND NINETY-ONE OF THIS ACT, to return to the
 custody of the [local commissioner of] social services [or  other  offi-
 cer, board or department authorized to receive children as public charg-
 es]  DISTRICT  FROM WHICH THE YOUTH WAS MOST RECENTLY DISCHARGED, OR, IN
 THE CASE OF A CHILD FREED FOR ADOPTION, THE AUTHORIZED AGENCY INTO WHOSE
 CUSTODY AND GUARDIANSHIP THE CHILD HAS BEEN PLACED.
   § 5. Section 1091 of the family court act, as added by chapter 342  of
 the laws of 2010, is amended to read as follows:
   §  1091.  Motion to return to foster care placement.  (A) FOR PURPOSES
 OF THIS ARTICLE, "FORMER FOSTER CARE YOUTH" SHALL MEAN A YOUTH  WHO  HAS
 ATTAINED  THE AGE OF EIGHTEEN BUT IS UNDER THE AGE OF TWENTY-ONE AND WHO
 HAD BEEN:
   (1) DISCHARGED FROM FOSTER CARE ON OR AFTER ATTAINING THE AGE OF EIGH-
 TEEN DUE TO A FAILURE TO CONSENT  TO  CONTINUATION  IN  FOSTER  CARE  OR
 DISCHARGED FROM FOSTER CARE ON OR AFTER ATTAINING THE AGE OF SIXTEEN BUT
 WHO IS OR IS LIKELY TO BE HOMELESS UNLESS RETURNED TO FOSTER CARE; AND
   (2)(I)  PLACED  IN  FOSTER  CARE WITH A LOCAL SOCIAL SERVICES DISTRICT
 PURSUANT TO ARTICLE THREE, SEVEN, TEN, TEN-A OR TEN-C  OF  THIS  ACT  OR
 SECTION THREE HUNDRED FIFTY-EIGHT-A OF THE SOCIAL SERVICES LAW; OR
   (II)  FREED  FOR ADOPTION IN ACCORDANCE WITH SECTION SIX HUNDRED THIR-
 TY-SEVEN OF THIS ACT OR  SECTION  THREE  HUNDRED  EIGHTY-THREE-C,  THREE
 HUNDRED  EIGHTY-FOUR  OR  THREE  HUNDRED  EIGHTY-FOUR-B  OF  THE  SOCIAL
 SERVICES LAW BUT HAS NOT YET BEEN ADOPTED; OR
   (III) THE SUBJECT OF A MOTION TO RESTORE PARENTAL RIGHTS THAT HAD BEEN
 CONDITIONALLY GRANTED PURSUANT TO PARAGRAPH (III) OF SUBDIVISION (B)  OF
 SECTION SIX HUNDRED THIRTY-SEVEN OF THIS ACT; OR
   (IV)  PLACED  WITH  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES FOR A
 NON-SECURE OR LIMITED SECURE LEVEL OF CARE PURSUANT  TO  SECTION  353.3,
 355.1 OR 355.3 OF THIS ACT WHERE THE PLACEMENT WAS MADE IN A COUNTY THAT
 DOES NOT HAVE AN APPROVED "CLOSE TO HOME" PROGRAM.
   (B)  A  motion  to return a former foster care youth [under the age of
 twenty-one, who was discharged from foster care  due  to  a  failure  to
 consent  to  continuation  of  placement,]  to the custody of the [local
 commissioner of] social services [or other officer, board or  department
 authorized  to  receive  children as public charges] DISTRICT FROM WHICH
 THE YOUTH WAS MOST RECENTLY DISCHARGED, OR,  IN  THE  CASE  OF  A  YOUTH
 PLACED  WITH  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE
 WITH SUBPARAGRAPH (IV) OF PARAGRAPH  TWO  OF  SUBDIVISION  (A)  OF  THIS
 SECTION, THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES,

 A. 7555--A                          4
 
 OR,  IN  THE  CASE  OF  A  CHILD FREED FOR ADOPTION, THE SOCIAL SERVICES
 DISTRICT OR AUTHORIZED AGENCY INTO WHOSE CUSTODY  AND  GUARDIANSHIP  THE
 CHILD  HAS BEEN PLACED, may be made by such former foster care youth, or
 by  [a]  THE APPLICABLE OFFICIAL OF THE local social services [official]
 DISTRICT, AUTHORIZED  AGENCY  OR  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  upon the consent of such former foster care youth, if there is
 a compelling reason for such former  foster  care  youth  to  return  to
 foster care[; provided however, that the].
   (C)  (1)  WITH  RESPECT TO A FORMER FOSTER CARE YOUTH DISCHARGED ON OR
 AFTER HIS OR HER EIGHTEENTH BIRTHDAY, THE court shall  not  entertain  a
 motion  filed  after twenty-four months from the date of the first final
 discharge that occurred on or after the former foster care youth's eigh-
 teenth birthday.
   (2) WITH RESPECT TO A FORMER FOSTER CARE YOUTH DISCHARGED PRIOR TO HIS
 OR HER EIGHTEENTH BIRTHDAY, THE COURT SHALL NOT ENTERTAIN A MOTION FILED
 AFTER HIS OR HER TWENTIETH BIRTHDAY.
   [(a)] (D) A motion made pursuant to this [section] ARTICLE by [a]  THE
 APPLICABLE  OFFICIAL  OF  THE LOCAL social services [official] DISTRICT,
 AUTHORIZED AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES shall be
 made by order to show cause. Such motion  shall  show  by  affidavit  or
 other evidence that:
   (1)  the  former  foster  care  youth has no reasonable alternative to
 foster care;
   (2) the former foster care youth consents to enrollment in and attend-
 ance  at  an  appropriate  educational  or  vocational  program,  unless
 evidence  is submitted that such enrollment or attendance is unnecessary
 or inappropriate, given the particular circumstances of the youth;
   (3) re-entry into foster care is in the best interests of  the  former
 foster care youth; [and]
   (4)  the former foster care youth consents to the re-entry into foster
 care; AND
   (5) IN THE CASE OF A FORMER FOSTER YOUTH DISCHARGED FROM  FOSTER  CARE
 ON  OR  AFTER ATTAINING THE AGE OF SIXTEEN, THE YOUTH IS OR IS LIKELY TO
 BE HOMELESS UNLESS RETURNED TO FOSTER CARE.
   [(b)] (E) A motion made pursuant to this [section] ARTICLE by a former
 foster care youth shall be made by order to show cause [or] ON ten  days
 notice  to  the  APPLICABLE OFFICIAL OF THE LOCAL social services [offi-
 cial] DISTRICT, AUTHORIZED AGENCY OR THE OFFICE OF CHILDREN  AND  FAMILY
 SERVICES.  Such motion shall show by affidavit or other evidence that:
   (1) the requirements outlined in paragraphs one, two and three AND, IF
 APPLICABLE,  PARAGRAPH FIVE of subdivision [(a)] (D) of this section are
 met; and
   (2) (I) the applicable OFFICIAL OF THE local social services district,
 AUTHORIZED AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES consents
 to the re-entry of such former foster care youth, or [if]
   (II) the applicable OFFICIAL OF THE local  social  services  district,
 AUTHORIZED  AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES refuses
 to consent to the re-entry of such former foster care youth  and  [that]
 such refusal is unreasonable.
   [(c)]  (F)  (1)  If  at  any  time during the pendency of a proceeding
 brought pursuant to this [section] ARTICLE, the court finds a compelling
 reason that it is in the best interests of the former foster care  youth
 to  be  returned  immediately  to  the  custody  of the APPLICABLE local
 commissioner of social services or [other officer, board  or  department
 authorized to receive children as public charges] OFFICIAL OF THE APPLI-
 CABLE  AUTHORIZED  AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES,

 A. 7555--A                          5
 
 pending a final decision on the motion, the court may issue a  temporary
 order returning the youth to the custody of [the] SUCH local commission-
 er  of social services or other [officer, board or department authorized
 to receive children as public charges] OFFICIAL.
   (2)  Where  the  APPLICABLE  OFFICIAL  OF  THE  local  social services
 district, AUTHORIZED  AGENCY  OR  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  has refused to consent to the re-entry of a former foster care
 youth, and where it is alleged pursuant to SUBPARAGRAPH  (II)  OF  para-
 graph  two  of  subdivision [(b)] (E) of this section, that such refusal
 [by such social services district]  is  unreasonable,  the  court  shall
 grant a motion made pursuant to subdivision [(b)] (E) of this section if
 the  court  finds  and  states in writing that the refusal [by the local
 social  services  district]  is  unreasonable.  For  purposes  of   this
 [section]  ARTICLE, a court shall find that a refusal [by a local social
 services district] to allow a former foster care youth to re-enter  care
 is unreasonable if:
   (i) the youth has no reasonable alternative to foster care;
   (ii)  the  youth consents to enrollment in and attendance at an appro-
 priate educational or vocational  program,  unless  the  court  finds  a
 compelling  reason  that such enrollment or attendance is unnecessary or
 inappropriate, given the particular circumstances of the youth; and
   (iii) re-entry into foster care is in the best interests of the former
 foster CARE youth.
   (3) Upon making a determination on a motion  filed  pursuant  to  this
 [section]  ARTICLE,  where a motion has previously been granted pursuant
 to this [section]  ARTICLE,  in  addition  to  the  applicable  findings
 required  by this [section] ARTICLE, the court shall grant the motion to
 return a former foster care youth to the custody of the APPLICABLE local
 commissioner of social services or [other officer, board  or  department
 authorized to receive children as public charges] OFFICIAL OF THE APPLI-
 CABLE  AUTHORIZED  AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES,
 only:
   (i) upon a finding that there is a compelling reason for  such  former
 foster care youth to return to care;
   (ii)  if  the court has not previously granted a subsequent motion for
 such former foster care youth to return to care pursuant to  this  para-
 graph; and
   (iii)  upon consideration of the former foster care youth's compliance
 with previous orders  of  the  court,  including  the  youth's  previous
 participation  in  an  appropriate educational or vocational program, if
 applicable.
   § 6. This act shall take effect  immediately;  provided  however  that
 section  two  of  this act shall take effect on the same date and in the
 same manner as section 75 of part WWW of chapter 59 of the laws of 2017,
 as amended, takes effect.

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2017-A7555B (ACTIVE) - Details

See Senate Version of this Bill:: S5472
Law Section:: Family Court Act
Laws Affected:: Amd §§355.3, 756-a, 1088 & 1091, Fam Ct Act
Versions Introduced in 2019-2020 Legislative Session:: A7941, S6472

2017-A7555B (ACTIVE) - Summary

Provides for the reentry of certain foster children after they were discharged from foster care after attaining the age of eighteen for failure to consent or who were discharged from foster care after attaining the age of sixteen but who is or is likely to become homeless.

2017-A7555B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7555--B
                                                         Cal. No. 524
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 2, 2017
                                ___________
 
 Introduced  by  M.  of A. JAFFEE, RIVERA, DICKENS, L. ROSENTHAL, D'URSO,
   McDONOUGH, WILLIAMS, SIMON, GALEF, ERRIGO, WRIGHT, PICHARDO, ARROYO --
   Multi-Sponsored by -- M. of A. COOK -- (at request of  the  Office  of
   Court  Administration)  --  read once and referred to the Committee on
   Children and Families -- ordered  to  a  third  reading,  amended  and
   ordered  reprinted,  retaining its place on the order of third reading
   -- again amended on third reading, ordered  reprinted,  retaining  its
   place on the order of third reading
 
 AN  ACT  to amend the family court act, in relation to reentry of former
   foster care children into foster care
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 6 of section 355.3 of the family court act, as
 amended by chapter 663 of the laws  of  1985,  is  amended  to  read  as
 follows:
   6. Successive extensions of placement under this section may be grant-
 ed,  but  no  placement may be made or continued beyond the respondent's
 eighteenth birthday without [the child's] HIS OR HER consent and  in  no
 event past [the child's] HIS OR HER twenty-first birthday.  A RESPONDENT
 WHO  HAS  ATTAINED THE AGE OF EIGHTEEN BUT IS LESS THAN TWENTY-ONE YEARS
 OF AGE MAY MOVE OR, WITH HIS OR HER CONSENT, MAY BE  THE  SUBJECT  OF  A
 MOTION  TO  REENTER  FOSTER  CARE  IN  ACCORDANCE WITH THE PROVISIONS OF
 SECTION ONE THOUSAND NINETY-ONE OF THIS ACT, PROVIDED THAT:
   (I) THE RESPONDENT WAS EITHER DISCHARGED FROM FOSTER CARE ON OR  AFTER
 ATTAINING THE AGE OF EIGHTEEN DUE TO A FAILURE TO CONSENT TO THE CONTIN-
 UATION  OF  PLACEMENT  OR  WAS  DISCHARGED  FROM FOSTER CARE ON OR AFTER
 ATTAINING THE AGE OF SIXTEEN BUT WHO IS OR  IS  LIKELY  TO  BE  HOMELESS
 UNLESS RETURNED TO FOSTER CARE; AND
   (II)  WHERE  THE  RESPONDENT HAD BEEN PREVIOUSLY PLACED OR TRANSFERRED
 INTO PLACEMENT WITH A LOCAL SOCIAL SERVICES DISTRICT  PURSUANT  TO  THIS
 SECTION  OR  SECTION 353.3 OR 355.1 OF THIS PART, THE MOTION MAY BE MADE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD10273-05-8

 A. 7555--B                          2
 
 BY A SOCIAL SERVICES OFFICIAL; OR WHERE THE RESPONDENT HAD  BEEN  PREVI-
 OUSLY PLACED WITH THE STATE OFFICE OF CHILDREN AND FAMILY SERVICES FOR A
 NON-SECURE  OR  LIMITED SECURE LEVEL OF CARE PURSUANT TO THIS SECTION OR
 SECTION  353.3  OR  355.1 OF THIS PART WHERE THE PLACEMENT WAS MADE IN A
 COUNTY THAT DOES NOT HAVE AN  APPROVED  "CLOSE  TO  HOME"  PROGRAM,  THE
 MOTION  MAY  BE  MADE BY AN OFFICIAL OF THE STATE OFFICE OF CHILDREN AND
 FAMILY SERVICES.
   § 2. Subdivision 6 of section  355.3  of  the  family  court  act,  as
 amended  by section 75 of part WWW of chapter 59 of the laws of 2017, is
 amended to read as follows:
   6. Successive extensions of placement under this section may be grant-
 ed, but no placement may be made or continued  beyond  the  respondent's
 eighteenth  birthday  without  [the child's] HIS OR HER consent for acts
 committed before the respondent's sixteenth birthday  and  in  no  event
 past  [the  child's] HIS OR HER twenty-first birthday except as provided
 for in subdivision four of section 353.5 of this part.  A RESPONDENT WHO
 HAS ATTAINED THE AGE OF EIGHTEEN BUT IS LESS THAN  TWENTY-ONE  YEARS  OF
 AGE MAY MOVE OR, WITH HIS OR HER CONSENT, MAY BE THE SUBJECT OF A MOTION
 TO  REENTER FOSTER CARE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE
 THOUSAND NINETY-ONE OF THIS ACT, PROVIDED THAT:
   (I) THE RESPONDENT WAS EITHER DISCHARGED FROM FOSTER CARE ON OR  AFTER
 ATTAINING THE AGE OF EIGHTEEN DUE TO A FAILURE TO CONSENT TO THE CONTIN-
 UATION  OF  PLACEMENT  OR  WAS  DISCHARGED  FROM FOSTER CARE ON OR AFTER
 ATTAINING THE AGE OF SIXTEEN BUT WHO IS OR  IS  LIKELY  TO  BE  HOMELESS
 UNLESS RETURNED TO FOSTER CARE; AND
   (II)  WHERE  THE  RESPONDENT HAD BEEN PREVIOUSLY PLACED OR TRANSFERRED
 INTO PLACEMENT WITH A LOCAL SOCIAL SERVICES DISTRICT  PURSUANT  TO  THIS
 SECTION  OR  SECTION 353.3 OR 355.1 OF THIS PART, THE MOTION MAY BE MADE
 BY A SOCIAL SERVICES OFFICIAL; OR WHERE THE RESPONDENT HAD  BEEN  PREVI-
 OUSLY PLACED WITH THE STATE OFFICE OF CHILDREN AND FAMILY SERVICES FOR A
 NON-SECURE  OR  LIMITED SECURE LEVEL OF CARE PURSUANT TO THIS SECTION OR
 SECTION 353.3 OR 355.1 OF THIS PART WHERE THE PLACEMENT WAS  MADE  IN  A
 COUNTY  THAT  DOES  NOT  HAVE  AN  APPROVED "CLOSE TO HOME" PROGRAM, THE
 MOTION MAY BE MADE BY AN OFFICIAL OF THE STATE OFFICE  OF  CHILDREN  AND
 FAMILY SERVICES.
   §  3.  Subdivision  (f)  of  section 756-a of the family court act, as
 added by chapter 604 of the laws of 1986, is amended to read as follows:
   (f) Successive extensions of  placement  under  this  section  may  be
 granted,  but  no  placement may be made or continued beyond the child's
 eighteenth birthday without his or her consent and in no event past  his
 or  her twenty-first birthday.  A CHILD WHO WAS PREVIOUSLY PLACED WITH A
 LOCAL SOCIAL SERVICES DISTRICT PURSUANT TO SECTION SEVEN HUNDRED  FIFTY-
 SIX  OF  THIS  PART  AND WHO WAS DISCHARGED FROM FOSTER CARE ON OR AFTER
 ATTAINING THE AGE OF EIGHTEEN DUE TO A FAILURE TO CONSENT  TO  CONTINUA-
 TION OF PLACEMENT OR WAS DISCHARGED FROM FOSTER CARE ON OR AFTER ATTAIN-
 ING  THE  AGE  OF  SIXTEEN BUT WHO IS OR IS LIKELY TO BE HOMELESS UNLESS
 RETURNED TO FOSTER CARE MAY MOVE, OR, WITH HIS OR HER  CONSENT,  MAY  BE
 THE  SUBJECT OF A MOTION BY A SOCIAL SERVICES OFFICIAL TO REENTER FOSTER
 CARE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE  THOUSAND  NINETY-
 ONE OF THIS ACT.
   §  4.  Section 1088 of the family court act, as amended by chapter 605
 of the laws of 2011, is amended to read as follows:
   § 1088. Continuing court jurisdiction. (A) If a child is placed pursu-
 ant to section three hundred fifty-eight-a, three  hundred  eighty-four,
 or  three  hundred eighty-four-a of the social services law, or pursuant
 to section one thousand seventeen, one thousand twenty-two, one thousand

 A. 7555--B                          3
 
 twenty-seven, one thousand  fifty-two,  one  thousand  eighty-nine,  one
 thousand  ninety-one,  one  thousand ninety-four or one thousand ninety-
 five of this act, or directly placed with a relative pursuant to section
 one thousand seventeen or one thousand fifty-five of this act; or if the
 child is freed for adoption pursuant to section SIX HUNDRED THIRTY-SEVEN
 OF  THIS  ACT  OR  SECTION  three  hundred eighty-three-c, three hundred
 eighty-four or three hundred eighty-four-b of the social  services  law,
 the  case shall remain on the court's calendar and the court shall main-
 tain jurisdiction over the case  until  the  child  is  discharged  from
 placement  and  all orders regarding supervision, protection or services
 have expired.
   (B) The court shall rehear the matter whenever it deems  necessary  or
 desirable, or upon motion by any party entitled to notice in proceedings
 under  this  article,  or  by the attorney for the child, and whenever a
 permanency hearing is required by this article. While  the  court  main-
 tains jurisdiction over the case, the provisions of section one thousand
 thirty-eight of this act shall continue to apply.
   (C)  The  court  shall  also  maintain  jurisdiction  over  a case for
 purposes of hearing a motion to permit a former foster care youth [under
 the age of twenty-one who was discharged from foster care due to a fail-
 ure to consent to continuation of placement], AS DEFINED IN  SUBDIVISION
 (A)  OF  SECTION  ONE  THOUSAND NINETY-ONE OF THIS ACT, to return to the
 custody of the [local commissioner of] social services [or  other  offi-
 cer, board or department authorized to receive children as public charg-
 es]  DISTRICT  FROM WHICH THE YOUTH WAS MOST RECENTLY DISCHARGED, OR, IN
 THE CASE OF A CHILD FREED FOR ADOPTION, THE AUTHORIZED AGENCY INTO WHOSE
 CUSTODY AND GUARDIANSHIP THE CHILD HAS BEEN PLACED.
   § 5. Section 1091 of the family court act, as added by chapter 342  of
 the laws of 2010, is amended to read as follows:
   §  1091.  Motion to return to foster care placement.  (A) FOR PURPOSES
 OF THIS ARTICLE, "FORMER FOSTER CARE YOUTH" SHALL MEAN A YOUTH  WHO  HAS
 ATTAINED  THE AGE OF EIGHTEEN BUT IS UNDER THE AGE OF TWENTY-ONE AND WHO
 HAD BEEN:
   (1) DISCHARGED FROM FOSTER CARE ON OR AFTER ATTAINING THE AGE OF EIGH-
 TEEN DUE TO A FAILURE TO CONSENT  TO  CONTINUATION  IN  FOSTER  CARE  OR
 DISCHARGED FROM FOSTER CARE ON OR AFTER ATTAINING THE AGE OF SIXTEEN BUT
 WHO IS OR IS LIKELY TO BE HOMELESS UNLESS RETURNED TO FOSTER CARE; AND
   (2)(I)  PLACED  IN  FOSTER  CARE WITH A LOCAL SOCIAL SERVICES DISTRICT
 PURSUANT TO ARTICLE THREE, SEVEN, TEN, TEN-A OR TEN-C  OF  THIS  ACT  OR
 SECTION THREE HUNDRED FIFTY-EIGHT-A OF THE SOCIAL SERVICES LAW; OR
   (II)  FREED  FOR ADOPTION IN ACCORDANCE WITH SECTION SIX HUNDRED THIR-
 TY-SEVEN OF THIS ACT OR  SECTION  THREE  HUNDRED  EIGHTY-THREE-C,  THREE
 HUNDRED  EIGHTY-FOUR  OR  THREE  HUNDRED  EIGHTY-FOUR-B  OF  THE  SOCIAL
 SERVICES LAW BUT HAS NOT YET BEEN ADOPTED; OR
   (III) THE SUBJECT OF A MOTION TO RESTORE PARENTAL RIGHTS THAT HAD BEEN
 CONDITIONALLY GRANTED PURSUANT TO PARAGRAPH (III) OF SUBDIVISION (B)  OF
 SECTION SIX HUNDRED THIRTY-SEVEN OF THIS ACT; OR
   (IV)  PLACED  WITH  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES FOR A
 NON-SECURE OR LIMITED SECURE LEVEL OF CARE PURSUANT  TO  SECTION  353.3,
 355.1 OR 355.3 OF THIS ACT WHERE THE PLACEMENT WAS MADE IN A COUNTY THAT
 DOES NOT HAVE AN APPROVED "CLOSE TO HOME" PROGRAM.
   (B)  A  motion  to return a former foster care youth [under the age of
 twenty-one, who was discharged from foster care  due  to  a  failure  to
 consent  to  continuation  of  placement,]  to the custody of the [local
 commissioner of] social services [or other officer, board or  department
 authorized  to  receive  children as public charges] DISTRICT FROM WHICH

 A. 7555--B                          4
 
 THE YOUTH WAS MOST RECENTLY DISCHARGED, OR,  IN  THE  CASE  OF  A  YOUTH
 PLACED  WITH  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE
 WITH SUBPARAGRAPH (IV) OF PARAGRAPH  TWO  OF  SUBDIVISION  (A)  OF  THIS
 SECTION, THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES,
 OR,  IN  THE  CASE  OF  A  CHILD FREED FOR ADOPTION, THE SOCIAL SERVICES
 DISTRICT OR AUTHORIZED AGENCY INTO WHOSE CUSTODY  AND  GUARDIANSHIP  THE
 CHILD  HAS BEEN PLACED, may be made by such former foster care youth, or
 by [a] THE APPLICABLE OFFICIAL OF THE local social  services  [official]
 DISTRICT,  AUTHORIZED  AGENCY  OR  THE  OFFICE  OF  CHILDREN  AND FAMILY
 SERVICES upon the consent of such former foster care youth, if there  is
 a  compelling  reason  for  such  former  foster care youth to return to
 foster care[; provided however, that the].
   (C) (1) WITH RESPECT TO A FORMER FOSTER CARE YOUTH  DISCHARGED  ON  OR
 AFTER  HIS  OR  HER EIGHTEENTH BIRTHDAY, THE court shall not entertain a
 motion filed after twenty-four months from the date of the  first  final
 discharge that occurred on or after the former foster care youth's eigh-
 teenth birthday.
   (2) WITH RESPECT TO A FORMER FOSTER CARE YOUTH DISCHARGED PRIOR TO HIS
 OR HER EIGHTEENTH BIRTHDAY, THE COURT SHALL NOT ENTERTAIN A MOTION FILED
 AFTER HIS OR HER TWENTY-FIRST BIRTHDAY.
   [(a)]  (D) A motion made pursuant to this [section] ARTICLE by [a] THE
 APPLICABLE OFFICIAL OF THE LOCAL social  services  [official]  DISTRICT,
 AUTHORIZED AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES shall be
 made  by  order  to  show  cause. Such motion shall show by affidavit or
 other evidence that:
   (1) the former foster care youth  has  no  reasonable  alternative  to
 foster care;
   (2) the former foster care youth consents to enrollment in and attend-
 ance  at  an  appropriate  educational  or  vocational  program,  unless
 evidence is submitted that such enrollment or attendance is  unnecessary
 or inappropriate, given the particular circumstances of the youth;
   (3)  re-entry  into foster care is in the best interests of the former
 foster care youth; [and]
   (4) the former foster care youth consents to the re-entry into  foster
 care; AND
   (5)  IN  THE CASE OF A FORMER FOSTER YOUTH DISCHARGED FROM FOSTER CARE
 ON OR AFTER ATTAINING THE AGE OF SIXTEEN, THE YOUTH IS OR IS  LIKELY  TO
 BE HOMELESS UNLESS RETURNED TO FOSTER CARE.
   [(b)] (E) A motion made pursuant to this [section] ARTICLE by a former
 foster  care youth shall be made by order to show cause [or] ON ten days
 notice to the APPLICABLE OFFICIAL OF THE LOCAL  social  services  [offi-
 cial]  DISTRICT,  AUTHORIZED AGENCY OR THE OFFICE OF CHILDREN AND FAMILY
 SERVICES.  Such motion shall show by affidavit or other evidence that:
   (1) the requirements outlined in paragraphs one, two and three AND, IF
 APPLICABLE, PARAGRAPH FIVE of subdivision [(a)] (D) of this section  are
 met; and
   (2) (I) the applicable OFFICIAL OF THE local social services district,
 AUTHORIZED AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES consents
 to the re-entry of such former foster care youth, or [if]
   (II)  the  applicable  OFFICIAL OF THE local social services district,
 AUTHORIZED AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES  refuses
 to  consent  to the re-entry of such former foster care youth and [that]
 such refusal is unreasonable.
   [(c)] (F) (1) If at any time  during  the  pendency  of  a  proceeding
 brought pursuant to this [section] ARTICLE, the court finds a compelling
 reason  that it is in the best interests of the former foster care youth

 A. 7555--B                          5
 
 to be returned immediately  to  the  custody  of  the  APPLICABLE  local
 commissioner  of  social services or [other officer, board or department
 authorized to receive children as public charges] OFFICIAL OF THE APPLI-
 CABLE  AUTHORIZED  AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES,
 pending a final decision on the motion, the court may issue a  temporary
 order returning the youth to the custody of [the] SUCH local commission-
 er  of social services or other [officer, board or department authorized
 to receive children as public charges] OFFICIAL.
   (2) Where  the  APPLICABLE  OFFICIAL  OF  THE  local  social  services
 district,  AUTHORIZED  AGENCY  OR  THE  OFFICE  OF  CHILDREN  AND FAMILY
 SERVICES has refused to consent to the re-entry of a former foster  care
 youth,  and  where  it is alleged pursuant to SUBPARAGRAPH (II) OF para-
 graph two of subdivision [(b)] (E) of this section,  that  such  refusal
 [by  such  social  services  district]  is unreasonable, the court shall
 grant a motion made pursuant to subdivision [(b)] (E) of this section if
 the court finds and states in writing that the  refusal  [by  the  local
 social   services  district]  is  unreasonable.  For  purposes  of  this
 [section] ARTICLE, a court shall find that a refusal [by a local  social
 services  district] to allow a former foster care youth to re-enter care
 is unreasonable if:
   (i) the youth has no reasonable alternative to foster care;
   (ii) the youth consents to enrollment in and attendance at  an  appro-
 priate  educational  or  vocational  program,  unless  the court finds a
 compelling reason that such enrollment or attendance is  unnecessary  or
 inappropriate, given the particular circumstances of the youth; and
   (iii) re-entry into foster care is in the best interests of the former
 foster CARE youth.
   (3)  Upon  making  a  determination on a motion filed pursuant to this
 [section] ARTICLE, where a motion has previously been  granted  pursuant
 to  this  [section]  ARTICLE,  in  addition  to  the applicable findings
 required by this [section] ARTICLE, the court shall grant the motion  to
 return a former foster care youth to the custody of the APPLICABLE local
 commissioner  of  social services or [other officer, board or department
 authorized to receive children as public charges] OFFICIAL OF THE APPLI-
 CABLE AUTHORIZED AGENCY OR THE OFFICE OF CHILDREN AND  FAMILY  SERVICES,
 only:
   (i)  upon  a finding that there is a compelling reason for such former
 foster care youth to return to care;
   (ii) if the court has not previously granted a subsequent  motion  for
 such  former  foster care youth to return to care pursuant to this para-
 graph; and
   (iii) upon consideration of the former foster care youth's  compliance
 with  previous  orders  of  the  court,  including  the youth's previous
 participation in an appropriate educational or  vocational  program,  if
 applicable.
   §  6.  This  act  shall take effect immediately; provided however that
 section two of this act shall take effect on the same date  and  in  the
 same manner as section 75 of part WWW of chapter 59 of the laws of 2017,
 as amended, takes effect.

Assembly Bill A7555B

Sponsored By

Archive: Last Bill Status - On Floor Calendar

Bill Amendments

2017-A7555 - Details

2017-A7555 - Summary

2017-A7555 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2017-A7555A - Details

2017-A7555A - Summary

2017-A7555A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2017-A7555B (ACTIVE) - Details

2017-A7555B (ACTIVE) - Summary

2017-A7555B (ACTIVE) - Bill Text download pdf

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Assembly Bill A7555B

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Sponsored By

JAFFEE

Archive: Last Bill Status - On Floor Calendar

Bill Amendments

2017-A7555 - Details

2017-A7555 - Summary

2017-A7555 - Bill Text download pdf

co-Sponsors

Jose Rivera

Inez E. Dickens

Linda Rosenthal

Anthony D'Urso

multi-Sponsors

Vivian Cook

2017-A7555A - Details

2017-A7555A - Summary

2017-A7555A - Bill Text download pdf

co-Sponsors

Jose Rivera

Inez E. Dickens

Linda Rosenthal

Anthony D'Urso

multi-Sponsors

Vivian Cook

Mary Beth Walsh

2017-A7555B (ACTIVE) - Details

2017-A7555B (ACTIVE) - Summary

2017-A7555B (ACTIVE) - Bill Text download pdf

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