NY State Assembly Bill 2019-A10581B

Assembly Bill A10581B

Signed By Governor

2019-2020 Legislative Session

Authorizes former foster care youth to re-enter foster care during the COVID-19 state of emergency.

download bill text pdf

Archive: Last Bill Status Via S8834 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 15, 2020	approval memo.50 signed chap.346
Dec 03, 2020	delivered to governor
Jul 23, 2020	returned to senate passed assembly ordered to third reading rules cal.295 substituted for a10581b
Jul 23, 2020	substituted by s8834
Jul 22, 2020	ordered to third reading rules cal.295 rules report cal.295 reported
Jul 20, 2020	amend and recommit to rules 10581b
Jul 17, 2020	reported referred to rules
Jul 13, 2020	reported referred to ways and means
Jul 10, 2020	print number 10581a
Jul 10, 2020	amend (t) and recommit to children and families
Jun 04, 2020	referred to children and families

Votes

- Jul 23, 2020 - Floor Vote
  S8834
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 23, 2020
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Jul 22, 2020 - Rules Committee Vote
  S8834
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jul 22, 2020
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Ortt
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins

Bill Amendments

Original

B (Active)

2019-A10581 - Details

See Senate Version of this Bill:: S8834
Law Section:: Family Court Act
Laws Affected:: Amd §§1055 & 1091, Fam Ct Act

2019-A10581 - Summary

Authorizes former foster care youth who have been discharged from foster care to return to foster care placement during the COVID-19 state of emergency without requiring such children to file a motion authorizing their return to foster care placement and places a temporary moratorium on aging out of foster care during a state of emergency.

2019-A10581 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10581
 
                           I N  A S S E M B L Y
 
                               June 4, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Wright) --
   read once and referred to the Committee on Children and Families
 
 AN ACT to amend the family court act, in relation to  the  placement  of
   children under the age of twenty-one during a state of emergency
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision (e) of section 1055 of the family court act, as
 amended by chapter 342 of the laws  of  2010,  is  amended  to  read  as
 follows:
   (e)  No  placement  may be made or continued under this section beyond
 the child's eighteenth birthday without his or her  consent  and  in  no
 event  past  his  or her twenty-first birthday. However, a former foster
 care youth under the age of twenty-one  who  was  previously  discharged
 from  foster  care due to a failure to consent to continuation of place-
 ment may make a motion pursuant to section one  thousand  ninety-one  of
 this  act  to  return to the custody of the local commissioner of social
 services or other officer, board or  department  authorized  to  receive
 children  as  public  charges. In such motion, the youth must consent to
 enrollment in and attendance at a vocational or educational  program  in
 accordance with paragraph two of subdivision (a) of section one thousand
 ninety-one  of this act. PROVIDED, HOWEVER, THAT DURING A STATE OF EMER-
 GENCY, A FORMER FOSTER CARE YOUTH MAY REQUEST TO RETURN TO  THE  CUSTODY
 OF  THE LOCAL COMMISSIONER OF SOCIAL SERVICES OR OTHER OFFICER, BOARD OR
 DEPARTMENT AUTHORIZED TO RECEIVE  CHILDREN  AS  PUBLIC  CHARGES  WITHOUT
 MAKING  A MOTION PURSUANT TO SECTION ONE THOUSAND NINETY-ONE OF THIS ACT
 AND ANY REQUIREMENT TO ENROLL IN AND ATTEND A VOCATIONAL OR  EDUCATIONAL
 PROGRAM  SHALL  BE  WAIVED  FOR  THE DURATION OF THE STATE OF EMERGENCY;
 PROVIDED FURTHER, HOWEVER, THAT DURING A STATE OF EMERGENCY,  THE  LOCAL
 COMMISSIONER  OF  SOCIAL  SERVICES OR OTHER OFFICER, BOARD OR DEPARTMENT
 AUTHORIZED TO RECEIVE CHILDREN AS PUBLIC CHARGES SHALL BE AUTHORIZED  TO
 PLACE  SUCH FORMER FOSTER CARE YOUTH REQUESTING TO RETURN TO FOSTER CARE
 PLACEMENT; AND PROVIDED FURTHER, HOWEVER, THAT THE LOCAL COMMISSIONER OF
 SOCIAL SERVICES OR OTHER OFFICER,  BOARD  OR  DEPARTMENT  AUTHORIZED  TO
 RECEIVE  CHILDREN  AS  PUBLIC CHARGES SHALL, WHEN DETERMINING WHETHER TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16556-02-0

 A. 10581                            2
 
 RETURN SUCH FORMER FOSTER CARE YOUTH TO FOSTER CARE PLACEMENT, TAKE INTO
 CONSIDERATION THE FACTORS THE COURT WOULD TAKE INTO  CONSIDERATION  UPON
 MAKING  SUCH  A DETERMINATION TO RETURN A CHILD TO FOSTER CARE PLACEMENT
 PURSUANT TO SECTION ONE THOUSAND NINETY-ONE OF THIS ACT.
   § 2. The opening paragraph of section 1091 of the family court act, as
 added by chapter 342 of the laws of 2010, is amended to read as follows:
   A  motion  to return a former foster care youth under the age of twen-
 ty-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, may be made by such former foster
 care youth, or by a local social services official 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  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 birthday; PROVIDED
 FURTHER, HOWEVER, THAT DURING A STATE OF EMERGENCY, A FORMER FOSTER CARE
 YOUTH SHALL BE ENTITLED TO RETURN TO THE CUSTODY OF  THE  LOCAL  COMMIS-
 SIONER  OF SOCIAL SERVICES OR OTHER OFFICER, BOARD OR DEPARTMENT AUTHOR-
 IZED TO RECEIVE CHILDREN AS  PUBLIC  CHARGES  WITHOUT  MAKING  A  MOTION
 PURSUANT  TO  THIS  SECTION  AND ANY REQUIREMENT TO ENROLL AND ATTEND AN
 EDUCATIONAL OR VOCATIONAL PROGRAM SHALL BE WAIVED FOR  THE  DURATION  OF
 THE STATE OF EMERGENCY.
   § 3. This act shall take effect immediately.

2019-A10581A - Details

See Senate Version of this Bill:: S8834
Law Section:: Family Court Act
Laws Affected:: Amd §§1055 & 1091, Fam Ct Act

2019-A10581A - Summary

2019-A10581A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10581--A
 
                           I N  A S S E M B L Y
 
                               June 4, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Wright) --
   read once and referred to the Committee on Children  and  Families  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the family court act, in relation to the placement of  a
   former foster care youth during a certain state of emergency

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (e) of section 1055 of the family court act, as
 amended by chapter 342 of the laws  of  2010,  is  amended  to  read  as
 follows:
   (e)  No  placement  may be made or continued under this section beyond
 the child's eighteenth birthday without his or her  consent  and  in  no
 event  past  his  or her twenty-first birthday. However, a former foster
 care youth under the age of twenty-one  who  was  previously  discharged
 from  foster  care due to a failure to consent to continuation of place-
 ment may make a motion pursuant to section one  thousand  ninety-one  of
 this  act  to  return to the custody of the local commissioner of social
 services or other officer, board or  department  authorized  to  receive
 children  as  public  charges. In such motion, the youth must consent to
 enrollment in and attendance at a vocational or educational  program  in
 accordance with paragraph two of subdivision (a) of section one thousand
 ninety-one  of  this  act.  PROVIDED,  HOWEVER, THAT DURING THE STATE OF
 EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER 202 OF 2020  IN  RESPONSE
 TO THE NOVEL CORONAVIRUS (COVID-19) PANDEMIC, A FORMER FOSTER CARE YOUTH
 MAY REQUEST TO RETURN TO THE CUSTODY OF THE LOCAL COMMISSIONER OF SOCIAL
 SERVICES  OR  OTHER  OFFICER,  BOARD OR DEPARTMENT AUTHORIZED TO RECEIVE
 CHILDREN AS PUBLIC CHARGES WITHOUT MAKING A MOTION PURSUANT  TO  SECTION
 ONE THOUSAND NINETY-ONE OF THIS ACT AND ANY REQUIREMENT TO ENROLL IN AND
 ATTEND A VOCATIONAL OR EDUCATIONAL PROGRAM SHALL BE WAIVED FOR THE DURA-
 TION OF THE STATE OF EMERGENCY; PROVIDED FURTHER, HOWEVER, THAT DURING A
 STATE  OF  EMERGENCY, THE LOCAL COMMISSIONER OF SOCIAL SERVICES OR OTHER
 OFFICER, BOARD OR DEPARTMENT AUTHORIZED TO RECEIVE  CHILDREN  AS  PUBLIC
 CHARGES  SHALL  BE  AUTHORIZED  TO  PLACE  SUCH FORMER FOSTER CARE YOUTH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16556-07-0

 A. 10581--A                         2
 
 REQUESTING TO RETURN TO FOSTER CARE  PLACEMENT;  AND  PROVIDED  FURTHER,
 HOWEVER,  THAT  THE LOCAL COMMISSIONER OF SOCIAL SERVICES OR OTHER OFFI-
 CER, BOARD OR DEPARTMENT AUTHORIZED TO RECEIVE CHILDREN AS PUBLIC CHARG-
 ES  SHALL,  WHEN  DETERMINING  WHETHER TO RETURN SUCH FORMER FOSTER CARE
 YOUTH TO FOSTER CARE PLACEMENT, TAKE INTO CONSIDERATION THE FACTORS  THE
 COURT  WOULD TAKE INTO CONSIDERATION UPON MAKING SUCH A DETERMINATION TO
 RETURN A CHILD TO FOSTER CARE PLACEMENT PURSUANT TO SECTION ONE THOUSAND
 NINETY-ONE OF THIS ACT.
   § 2. The opening paragraph of section 1091 of the family court act, as
 added by chapter 342 of the laws of 2010, is amended to read as follows:
   A motion to return a former foster care youth under the age  of  twen-
 ty-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, may be made by  such  former  foster
 care  youth,  or by a local social services official 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 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  birthday;  PROVIDED
 FURTHER,  HOWEVER,  THAT DURING THE STATE OF EMERGENCY DECLARED PURSUANT
 TO EXECUTIVE ORDER 202 OF 2020 IN  RESPONSE  TO  THE  NOVEL  CORONAVIRUS
 (COVID-19)  PANDEMIC,  A  FORMER  FOSTER CARE YOUTH SHALL BE ENTITLED TO
 RETURN TO THE CUSTODY OF THE LOCAL COMMISSIONER OF  SOCIAL  SERVICES  OR
 OTHER  OFFICER,  BOARD  OR  DEPARTMENT AUTHORIZED TO RECEIVE CHILDREN AS
 PUBLIC CHARGES WITHOUT MAKING A MOTION PURSUANT TO THIS SECTION AND  ANY
 REQUIREMENT  TO  ENROLL  AND ATTEND AN EDUCATIONAL OR VOCATIONAL PROGRAM
 SHALL BE WAIVED FOR THE DURATION OF THE STATE OF EMERGENCY.
   § 3. This act shall take effect immediately.

2019-A10581B (ACTIVE) - Details

See Senate Version of this Bill:: S8834
Law Section:: Family Court Act
Laws Affected:: Amd §§1055 & 1091, Fam Ct Act

2019-A10581B (ACTIVE) - Summary

2019-A10581B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10581--B
 
                           I N  A S S E M B L Y
 
                               June 4, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Wright) --
   read once and referred to the Committee on Children  and  Families  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- reported and referred to the  Commit-
   tee  on Rules -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee

 AN ACT to amend the family court act, in relation to the placement of  a
   former foster care youth during a certain state of emergency
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (e) of section 1055 of the family court act, as
 amended by chapter 342 of the laws  of  2010,  is  amended  to  read  as
 follows:
   (e)  (I)  No  placement  may  be  made or continued under this section
 beyond the child's eighteenth birthday without his or her consent and in
 no event past his or her twenty-first birthday. However, a former foster
 care youth under the age of twenty-one  who  was  previously  discharged
 from  foster  care due to a failure to consent to continuation of place-
 ment may make a motion pursuant to section one  thousand  ninety-one  of
 this  act  to  return to the custody of the local commissioner of social
 services or other officer, board or  department  authorized  to  receive
 children  as  public  charges. In such motion, the youth must consent to
 enrollment in and attendance at a vocational or educational  program  in
 accordance with paragraph two of subdivision (a) of section one thousand
 ninety-one of this act. (II) PROVIDED, HOWEVER, THAT DURING THE STATE OF
 EMERGENCY  DECLARED  PURSUANT TO EXECUTIVE ORDER 202 OF 2020 IN RESPONSE
 TO THE NOVEL CORONAVIRUS (COVID-19) PANDEMIC, A FORMER FOSTER CARE YOUTH
 MAY REQUEST TO RETURN TO THE CUSTODY OF THE LOCAL COMMISSIONER OF SOCIAL
 SERVICES OR OTHER OFFICER, BOARD OR  DEPARTMENT  AUTHORIZED  TO  RECEIVE
 CHILDREN  AS  PUBLIC CHARGES WITHOUT MAKING A MOTION PURSUANT TO SECTION
 ONE THOUSAND NINETY-ONE OF THIS ACT AND ANY REQUIREMENT TO ENROLL IN AND
 ATTEND A VOCATIONAL OR EDUCATIONAL PROGRAM SHALL BE WAIVED FOR THE DURA-
 TION OF THE STATE OF EMERGENCY; PROVIDED FURTHER, HOWEVER, THAT DURING A
 STATE OF EMERGENCY, THE LOCAL COMMISSIONER OF SOCIAL SERVICES  OR  OTHER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16556-11-0

 A. 10581--B                         2
 
 OFFICER,  BOARD  OR  DEPARTMENT AUTHORIZED TO RECEIVE CHILDREN AS PUBLIC
 CHARGES SHALL BE AUTHORIZED TO  PLACE  SUCH  FORMER  FOSTER  CARE  YOUTH
 REQUESTING  TO  RETURN  TO  FOSTER CARE PLACEMENT; AND PROVIDED FURTHER,
 HOWEVER,  THAT  THE LOCAL COMMISSIONER OF SOCIAL SERVICES OR OTHER OFFI-
 CER, BOARD OR DEPARTMENT AUTHORIZED TO RECEIVE CHILDREN AS PUBLIC CHARG-
 ES SHALL, WHEN DETERMINING WHETHER TO RETURN  SUCH  FORMER  FOSTER  CARE
 YOUTH  TO FOSTER CARE PLACEMENT, TAKE INTO CONSIDERATION THE FACTORS THE
 COURT WOULD TAKE INTO CONSIDERATION UPON MAKING SUCH A DETERMINATION  TO
 RETURN A CHILD TO FOSTER CARE PLACEMENT PURSUANT TO SECTION ONE THOUSAND
 NINETY-ONE  OF  THIS  ACT.   TO THE EXTENT A FORMER FOSTER CARE YOUTH IS
 DENIED THE REQUEST TO RETURN TO THE CUSTODY OF THE LOCAL COMMISSIONER OF
 SOCIAL SERVICES, OR OTHER BOARD  OR  DEPARTMENT  AUTHORIZED  TO  RECEIVE
 CHILDREN  AS  PUBLIC CHARGES PURSUANT TO THIS PARAGRAPH, THE YOUTH SHALL
 STILL HAVE THE OPPORTUNITY TO FILE A MOTION AS  AUTHORIZED  PURSUANT  TO
 SECTION ONE THOUSAND NINETY-ONE OF THIS ACT.
   § 2. The opening paragraph of section 1091 of the family court act, as
 added by chapter 342 of the laws of 2010, is amended to read as follows:
   A  motion  to return a former foster care youth under the age of twen-
 ty-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, may be made by such former foster
 care youth, or by a local social services official 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  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 birthday; PROVIDED
 FURTHER, HOWEVER, THAT DURING THE STATE OF EMERGENCY  DECLARED  PURSUANT
 TO  EXECUTIVE  ORDER  202  OF  2020 IN RESPONSE TO THE NOVEL CORONAVIRUS
 (COVID-19) PANDEMIC, A FORMER FOSTER CARE YOUTH  SHALL  BE  ENTITLED  TO
 RETURN  TO  THE  CUSTODY OF THE LOCAL COMMISSIONER OF SOCIAL SERVICES OR
 OTHER OFFICER, BOARD OR DEPARTMENT AUTHORIZED  TO  RECEIVE  CHILDREN  AS
 PUBLIC  CHARGES WITHOUT MAKING A MOTION PURSUANT TO THIS SECTION AND ANY
 REQUIREMENT TO ENROLL AND ATTEND AN EDUCATIONAL  OR  VOCATIONAL  PROGRAM
 SHALL  BE WAIVED FOR THE DURATION OF THE STATE OF EMERGENCY.  SUBSEQUENT
 TO A FORMER FOSTER YOUTH'S RETURN TO PLACEMENT WITHOUT MAKING A  MOTION,
 AS  AUTHORIZED UNDER THIS SECTION DURING THE STATE OF EMERGENCY DECLARED
 PURSUANT TO EXECUTIVE ORDER 202 OF 2020 IN RESPONSE TO THE NOVEL CORONA-
 VIRUS (COVID-19) PANDEMIC,  NOTHING  HEREIN  SHALL  PROHIBIT  THE  LOCAL
 SOCIAL  SERVICES  DISTRICT  FROM  FILING A MOTION FOR REQUISITE FINDINGS
 NEEDED TO CLAIM REIMBURSEMENT UNDER TITLE IV-E  OF  THE  FEDERAL  SOCIAL
 SECURITY  ACT  TO  SUPPORT  THE YOUTH'S CARE, AND THE FAMILY COURT SHALL
 HEAR AND DETERMINE SUCH MOTIONS.
   § 3. This act shall take effect immediately.

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