BILL NUMBER: S8503

SPONSOR: MONTGOMERY
 
TITLE OF BILL:

An act to establish a six-month moratorium on aging out of foster care
and allowing certain children to return to foster care; and providing
for the repeal of such provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To protect children aging out of the foster care system during the
COVID-19 pandemic.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new paragraph to unconsolidated law that
establishes a moratorium on youth aging out of the foster care system,
to continue until six months after the, COVID-19 disaster emergency is
over. It requires New York State to continue providing the same care to
youth and caregivers that would otherwise have been providing, regard-
              

less of whether the youth reaches the age at which they normally would
have left the system. In addition, it allows youth aged 18-21 who have
left the foster care system to re-enter the system, even if they cannot
get the court approval and/or vocational placement that is required by
current law.

Section 2 sets forth the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:

The amendment to this bill better reflects the realities of the foster
care system. It allows children who have left the system to re-enter
without the normal requirements, as those requirements will be difficult
to achieve during COVID-19.

 
JUSTIFICATION:

The COVID-19 pandemic has caused a need for youth to remain in the
foster care system until the public health crisis is over and the econo-
my begins to recover. In much of New York State, critical sectors of the
economy are currently closed down, making it impossible for youth to
begin living on their own. For example, most businesses are closed, and
even fewer are willing to hire young people exiting the foster system
right now. Apartment rentals are considered non-essential, making it
extremely difficult to find a place to live. The COVID-19 pandemic will
also exacerbate food insecurity, mental and behavioral health problems,
KBUSI and completing an education.

In normal times, foster youth experience homelessness after aging out
28% of the time. Now, it will be much worse. Advocates estimate that
about 1000 young people will be helped by this legislation. This measure
will act as a stop gap measure through the worst of the pandemic, so
that our state can assess the ability of youth to transition out of the
system.

 
PRIOR LEGISLATIVE HISTORY:

New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This action would be 50% funded by the federal government, and the
remainder would be split between the state and the counties, as is typi-
cal. Total impact is expected to be less than $1 million.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed one hundred eighty days after the expiration of the declared
state of emergency relating to the novel coronavirus (COVID-19); and
provided, further, that the commissioner of social services shall notify
the legislative bill drafting commission upon the occurrence of the
expiration of the state disaster emergency declared by executive order
number 202 and any further amendments or modifications, and as may be
further extended pursuant to section 28 of the executive law, in order
that the commission may maintain an accurate and timely effective data
base of the official text of the laws of the state of New York in furth-
erance of effectuating the provisions of section 44 of the legislative
law and section 70-b of the public officers law.

                                
 
BILL NUMBER: S8503a

SPONSOR: MONTGOMERY
 
TITLE OF BILL:

An act to establish a temporary moratorium on aging out of foster care
and allowing certain children to return to foster care; and providing
for the repeal of such provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To protect children aging out of the foster care system during the
COVID-19 pandemic.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new paragraph to unconsolidated law that
establishes a moratorium on youth aging out of the foster care system,
to continue until six months after the, COVID-19 disaster emergency is
over. It requires New York State to continue providing the same care to
youth and caregivers that would otherwise have been providing, regard-
              

less of whether the youth reaches the age at which they normally would
have left the system. In addition, it allows youth aged 18-21 who have
left the foster care system to re-enter the system, even if they cannot
get the court approval and/or vocational placement that is required by
current law.

Section 2 sets forth the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:

The amendment to this bill better reflects the realities of the foster
care system. It allows children who have left the system to re-enter
without the normal requirements, as those requirements will be difficult
to achieve during COVID-19.

 
JUSTIFICATION:

The COVID-19 pandemic has caused a need for youth to remain in the
foster care system until the public health crisis is over and the econo-
my begins to recover. In much of New York State, critical sectors of the
economy are currently closed down, making it impossible for youth to
begin living on their own. For example, most businesses are closed, and
even fewer are willing to hire young people exiting the foster system
right now. Apartment rentals are considered non-essential, making it
extremely difficult to find a place to live. The COVID-19 pandemic will
also exacerbate food insecurity, mental and behavioral health problems,
and completing an education.

In normal times, foster youth experience homelessness after aging out
28% of the time. Now, it will be much worse. Advocates estimate that
about 1000 young people will be helped by this legislation. This measure
will act as a stop gap measure through the worst of the pandemic, so
that our state can assess the ability of youth to transition out of the
system.

 
PRIOR LEGISLATIVE HISTORY:

New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This action would be 50% funded by the federal government, and the
remainder would be split between the state and the counties, as is typi-
cal. Total impact is expected to be less than $1 million.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed one hundred eighty days after the expiration of the declared
state of emergency relating to the novel coronavirus (COVID-19); and
provided, further, that the commissioner of social services shall notify
the legislative bill drafting commission upon the occurrence of the
expiration of the state disaster emergency declared by executive order
number 202 and any further amendments or modifications, and as may be
further extended pursuant to section 28 of the executive law, in order
that the commission may maintain an accurate and timely effective data
base of the official text of the laws of the state of New York in furth-
erance of effectuating the provisions of section 44 of the legislative
law and section 70-b of the public officers law.