NY State Senate Bill 2019-S8834

Senate Bill S8834

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 - 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 referred to ways and means delivered to assembly passed senate ordered to third reading cal.1032
Jul 20, 2020	referred to rules

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

2019-S8834 (ACTIVE) - Details

See Assembly Version of this Bill:: A10581
Law Section:: Family Court Act
Laws Affected:: Amd §§1055 & 1091, Fam Ct Act

2019-S8834 (ACTIVE) - 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-S8834 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8834

SPONSOR: MONTGOMERY
 
TITLE OF BILL:

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

 
PURPOSE:

To allow a former foster care youth who has been discharged from the
foster care system the ability to re-enter without submitting a motion
to the family court during a certain state of emergency.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 1055(e) of the Family Court Act to allow a
former foster care youth to re-enter the foster care system without
having to file a motion with the family court during the state of emer-
gency declared pursuant to executive order 202 of 2020 in response to
the novel coronavirus (COVID-19) pandemic. The commissioner of the local

social services department would be required to consider the same
factors that the court is required to consider when determining the
appropriateness of the former foster care youth reentering the foster
care system. Any requirement to enroll in vocational or education
program when a former foster care youth reenters the system would be
required to be waived during the time of the state of emergency. This
section would also clarify that 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, that the youth would still have the opportu-
nity to file a motion as authorized pursuant to section 1091 of the
family court act.

Section 2 amends section 1091 of the Family Court Act to require that
during the state of emergency declared pursuant to executive order 202
of 2020 in response to the novel coronavirus (COVID-19) pandemic that
former foster care youth can re-enter the foster care system without
making a motion to the court, and that any requirement to enroll and
attend an educational or vocational program will be waived for the dura-
tion of the state of emergency. This section would also clarify, subse-
quent to former foster youth's return to placement without making a
motion, as authorized under this section during the COVID-19 state of
emergency, that nothing in this section would prohibit a local social
service 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 deter-
mine such motions.

 
EXISTING LAW:

N/A

 
JUSTIFICATION:

Under existing law, young adults can return to foster care when they
have no alternative and agree to participate in a vocational or educa-
tional program, upon the approval of the Family Court. Because access to
court can be severely restricted in the event of a state of emergency,
requests for assistance by youth between ages 18 and 21 should be auto-
matically granted by the local social services districts. Requirements
for participation in vocational and educational programs should be
temporarily waived so as not to serve as a barrier to re-entry during
the crisis.

 
LEGISLATIVE HISTORY:

Similar to S8470B which was reported to Finance

 
FISCAL IMPLICATIONS:

TBD

 
LOCAL FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
Immediately.

2019-S8834 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8834
 
                             I N  S E N A T E
 
                               July 20, 2020
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  -- 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 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
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16556-13-0

 S. 8834                             2

 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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