NY State Senate Bill 2019-S6472

Senate Bill S6472

Vetoed By Governor

2019-2020 Legislative Session

Relates to the reentry of certain foster children after they have left foster care

download bill text pdf

Archive: Last Bill Status Via A7941 - Vetoed by Governor

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 13, 2019	tabled vetoed memo.203
Dec 06, 2019	delivered to governor
Jun 19, 2019	returned to assembly passed senate 3rd reading cal.1726 substituted for s6472
Jun 19, 2019	substituted by a7941 ordered to third reading cal.1726
Jun 12, 2019	referred to rules

Votes

- Jun 19, 2019 - Floor Vote
  A7941
  
  59
  
  Aye
  
  3
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2019
      
      aye (59)
      
      Addabbo Jr.
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Funke
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      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
      
      nay (3)
      
      Akshar
      
      Flanagan
      
      Gallivan
  Jun 19, 2019 - Rules Committee Vote
  S6472
  
  16
  
  Aye
  
  2
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 19, 2019
      
      aye (16)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      nay (2)
      
      Flanagan
      
      LaValle
      
      aye wr (1)
      
      Griffo

2019-S6472 (ACTIVE) - Details

See Assembly Version of this Bill:: A7941
Law Section:: Family Court Act
Laws Affected:: Amd §§355.3, 756-a, 1088 & 1091, Fam Ct Act
Versions Introduced in 2017-2018 Legislative Session:: S5472, A7555

2019-S6472 (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.

2019-S6472 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6472

SPONSOR: PERSAUD
 
TITLE OF BILL:  An act to amend the family court act, in relation to
reentry of former foster care children into foster care

Chapter 342 of the Laws of 2010, which permits youth who have "aged out"
of foster care at the age of 18 to reenter care, has provided a vital
"safety net" in cases where such youth would otherwise be facing home-
lessness or other adverse outcomes. Enacted at the time that Federal
foster care assistance first became available for youth between the ages
of 18 and 21, the statute has proven invaluable by ensuring that such
youth will have the support necessary to fulfill commitments they must
make to participate in educational or vocational programs as a condition
of reentry into care.

The instant measure would extend the option of foster care reentry to a
discrete group of youth not covered by chapter 342 but who nonetheless
would benefit significantly from it. In addition to the rare cases of
youth who "age out" of foster care at the age of 18, the measure would
also apply to the limited number of youth who were discharged from
foster care on or after attaining age 16 but who are or are likely to be
homeless unless returned to foster care. The measure would provide that

such youth, like youth who have "aged out," could not petition to reen-
ter foster care until they reach the age of 18. In order to accommodate
this category, youth who have been discharged prior to their 18th birth-
day must make their reentry applications prior to their 20th birthday.
The requirement to make the application within 24 months of discharge
from foster care would continue to apply to youth discharged on or after
their 18th birthday.

Inclusion of youth discharged prior to reaching 18 in the definition of
"former foster care youth" is critically important as providers of
services to runaway and homeless youth have reported a significant
influx of these youth in their shelters - youth who would be better
served, and for a longer period of time, by a return to foster care than
by the temporary shelter available from these providers.  Recognizing
the efficacy of returning to foster care as a means of reducing the
prevalence of former foster care youth in homeless youth facilities, an
Article VII measure accompanying the Fiscal Year 2017-2018 State budget
amended the Runaway and Homeless Youth Act (Executive Law § 532-b(1)(h))
to require that runaway and homeless youth crisis services programs
"provide information to eligible youth about their ability to reenter
foster care" in accordance with this statute. See L. 2017, c. 56, Part
M, § 3.

Additionally, this measure would clarify an aspect of the statute that
has caused some confusion, i.e., the categories of former foster care
youth to which the statute applies. "Former foster care youth" is not
defined in Family Court Act Article 10-B and, although referenced in the
permanency hearing provisions (Family Court Act Article 10-A), no
specific cross-references are contained in provisions applicable to
juvenile delinquents or Persons in Need of Supervision (PINS).  This
measure would remedy that gap by amending the post-dispositional
provisions regarding extensions of placement in the juvenile delinquency
and PINS statutes (Family Court Act §§ 355.3, 756-0) to include refer-
ences to Family Court Act § 1091. It would further amend Family Court
Act § 1091 to add a definition of "former foster care youth" that
explicitly includes youth placed in foster care with local social
services districts pursuant to juvenile delinquency, PINS, child protec-
tive or destitute child adjudications and voluntary placements, as well
as children freed for adoption but not yet adopted, whose guardianship
and custody have been transferred to a local social services district or
authorized child care agency. It also would include the small number of
juvenile delinquents placed by Family Courts in counties outside New
York City, who were discharged from non-secure or limited-secure care
placements with the State Office of Children and Family Services
(OCFS).*

This measure would codify the only appellate ruling on the statute to
date and is consistent with the position taken by OCFS, the oversight
agency for foster care in New York. The Appellate Division, Second
Department, in Matter of Jefry H., 102 A.D.3d 132 (2nd Dept., 2012),
reversed a Family Court decision in which the judge had construed the
absence of specific language to mean that the statute did not cover PINS
cases. In holding that Family Court Act § 1091 does apply to PINS who
had been placed in foster care, the Appellate Division noted that the
rationale for enacting chapter 342 applies with equal force to all
foster care youth discharged from care. The Court further noted the
broad interpretation accorded to the scope of the statute by OCFS. Id.
Consistent with Federal requirements to treat all categories of youth
eligible to receive foster care assistance under Title IV-E of the
Social Security Act identically, OCFS, in its administrative memorandum
to local social services districts, indicated that the statute applied
to all former foster care youth, including former foster care youth
placed with local departments of social services. See 11-OCFS ADM-02
(March 3, 2011) at pps 2, 7.

Professor Merril Sobie, in his 2012 Practice Commentary to Family Court
Act § 1091, indicated that "(t)he language strongly suggests that the
statute applies to each and every foster child, and is not limited to
children who have been placed as a result of an Article 10 (child
protective) proceeding." Writing before the Appellate Division reversal
in Matter of Jefry H., Prof. Sobie continued:

It would have been preferable if Article 10-B had been drafted to
explicitly apply to non-Article 10 placements. (See, by comparison,
Section 1087(a), which enumerates the placements for which Article 10-A
applies,) But the lack of an explicit provision is not necessarily
dispositive. It's difficult to conceive that the Legislature intended to
differentiate or discriminate between similarly situated "former foster
care youth", or that the legislative decision to craft a separate arti-
cle excludes non-Article 10 children (if Section 1091 was intended to be
limited to Article 10 placements, it would have presumably been added to
that Article). The issue will probably be raised and determined at the
Appellate Division level (unless the Legislature quickly amends Section
1091).

Predictably, most youth returning to foster care are those who had been
placed pursuant to child protective proceedings, but the option is
equally important for those youth in the juvenile justice system who
have been placed with local social services districts. As the legisla-
tive Supporting Memorandum for chapter 342 stated:  Although the Family
Court Act permits (foster care youth) to consent to continued foster
care with its attendant supports and services until they reach the age
of 21, many make precipitous decisions to show their independence and
refuse to consent to remain in care even when they are desperately in
need of assistance. Youth living in intact families are not faced with
such decisions; they may leave home to attend college, but they do not
abruptly terminate all connections with their families and often contin-
ue to receive financial and other aid. Youth leaving foster care, in
contrast, often have no family to fall back on. For them, independent
living' may be akin to falling off a precipice.

(Assembly Mem in Support, Bill Jacket, L. 2010, c. 342 at 8).

The well-documented problems faced by former foster care youth --
increased incidence of school drop-out, homelessness, unemployment,
criminality and teen pregnancy -- afflict such youth regardless of their
ages at discharge and may be even more serious with respect to the
vulnerable juvenile justice population upon discharge from care.  In its
memos to the Governor regarding chapter 342, both the Division of the
Budget and OCFS noted the additional costs to counties from these
adverse consequences that would be averted by permitting the option for
youth to reenter foster care. See Memo of Division of the Budget and
Letter from OCFS General Counsel, Bill Jacket, L. 2010 c.  342. Codifi-
cation of Matter of Jefry H., through enactment of the instant measure,
as well as extension of the option to youth discharged prior to their
18th birthday, therefore, will provide a cost-effective avenue to
support particularly vulnerable youth as they make the difficult transi-
tion from foster care to successful, productive and law-abiding adult-
hood.

This measure would take effect immediately.

 
2017-18 LEGISLATIVE HISTORY::

Senate 5472-B (Sen Avella) (Children & Families) Assembly 7555-B (M. of
A. Jaffee) (3rd Rdg.)

* With implementation of the "Close to Home" program in New York City,
the City's Family Court only places delinquent youth with the City's
Administration for Children's Services, except for a small number placed
restrictively with OCFS - a category not covered by the existing reentry
statute or the measure.

2019-S6472 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6472
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 12, 2019
                                ___________
 
 Introduced  by Sen. PERSAUD -- (at request of the Office of Court Admin-
   istration) -- read twice and ordered printed, and when printed  to  be
   committed to the Committee on Rules
 
 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10898-02-9

 S. 6472                             2
 
 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  (g)  of  section 756-a of the family court act, as
 amended by section 4-a of part K of chapter 56 of the laws of  2019,  is
 amended to read as follows:
   (g)  Successive  extensions  of  placement  under  this section may be
 granted, only as authorized in this section, provided, however no place-
 ment 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 CONTINUATION 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  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:

 S. 6472                             3
 
   § 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,
 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

 S. 6472                             4

 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,
 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

 S. 6472                             5
 
 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.
   §  5.  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 part K of chapter 56 of the laws of 2019, takes effect.

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