S T A T E O F N E W Y O R K
________________________________________________________________________
2075
2021-2022 Regular Sessions
I N S E N A T E
January 19, 2021
___________
Introduced by Sen. BRISPORT -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the family court act and a chapter of the laws of 2020
amending the family court act, relating to the placement of a former
foster care youth during a certain state of emergency, as proposed in
legislative bills numbers S.8834 and A.10581-B, in relation to place-
ment without a motion and motions being heard and determined on an
expedited basis and in relation to the effectiveness thereof
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 a chapter of the laws of 2020 amending the family court act,
relating to the placement of a former foster care youth during a certain
state of emergency, as proposed in legislative bills numbers S.8834 and
A.10581-B, 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, OR ANY EXTENSION OR SUBSEQUENT
EXECUTIVE ORDER ISSUED in response to the novel coronavirus (COVID-19)
pandemic[, a]:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07142-01-1
S. 2075 2
(A) 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 PLACEMENT PURSUANT TO SECTION ONE THOUSAND NINETY-ONE OF
THIS ACT may:
(1) 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 WHICH SHALL BE HEARD AND DETERMINED ON AN
EXPEDITED BASIS; OR
(2) 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].
(B) TO THE EXTENT FEDERALLY ALLOWABLE, any requirement to enroll in
and attend a vocational or educational program shall be waived for the
duration of [the] SUCH state of emergency[; provided further, however,
that during a].
(C) DURING SUCH 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] WITHOUT OBTAINING PRIOR COURT APPROVAL AND
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 nine-
ty-one of this act] GRANT THAT REQUEST UPON A DETERMINATION THAT THE
YOUTH HAS MET THE REQUIREMENTS OF SUBDIVISION (A) OF SECTION ONE THOU-
SAND NINETY-ONE OF THIS ACT. UPON PLACEMENT OF A FORMER FOSTER CARE
YOUTH PURSUANT TO THIS PARAGRAPH, THE AGENCY SHALL FILE A MOTION FOR
JUDICIAL APPROVAL OF THE PLACEMENT PURSUANT TO SECTION ONE THOUSAND
NINETY-ONE OF THIS ACT AND TO SCHEDULE THE NEXT PERMANENCY HEARING.
(D) 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] NOTHING IN THIS PARAGRAPH
SHALL PRECLUDE SUCH youth [shall still have the opportunity to file]
FROM SUBSEQUENTLY FILING a motion as authorized pursuant to section one
thousand ninety-one of this act, AND THE FAMILY COURT SHALL HEAR AND
DETERMINE SUCH MOTION ON AN EXPEDITED BASIS.
§ 2. The opening paragraph of section 1091 of the family court act, as
amended by a chapter of the laws of 2020 amending the family court act,
relating to the placement of a former foster care youth during a certain
state of emergency, as proposed in legislative bills numbers S.8834 and
A.10581-B, 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
S. 2075 3
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 OR ANY EXTENSION OR SUBSEQUENT EXECUTIVE
ORDER ISSUED in response to the novel coronavirus (COVID-19) pandemic,
SUCH MOTION SHALL BE HEARD AND DETERMINED ON AN EXPEDITED BASIS;
PROVIDED FURTHER, 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, TO THE
EXTENT FEDERALLY ALLOWABLE, any requirement to enroll IN and attend an
educational or vocational program shall be waived for the duration of
[the] SUCH 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 OR ANY EXTENSION OR SUBSEQUENT EXECUTIVE ORDER ISSUED
in response to the novel coronavirus (COVID-19) pandemic, nothing herein
shall prohibit the local social services district from filing a motion
for requisite findings needed to SUBSEQUENTLY 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 ON AN
EXPEDITED BASIS.
§ 3. Section 3 of a chapter of the laws of 2020 amending the family
court act, relating to the placement of a former foster care youth
during a certain state of emergency, as proposed in legislative bills
numbers S.8834 and A.10581-B, is amended to read as follows:
§ 3. This act shall take effect immediately AND SHALL EXPIRE ON THE
SAME DATE AND IN THE SAME MANNER AS THE STATE OF EMERGENCY DECLARED
PURSUANT TO EXECUTIVE ORDER 202 OF 2020 OR ANY EXTENSION OR SUBSEQUENT
EXECUTIVE ORDER ISSUED IN RESPONSE TO THE NOVEL CORONAVIRUS (COVID-19)
PANDEMIC WHEN UPON SUCH DATE THE PROVISIONS OF THIS ACT SHALL BE DEEMED
REPEALED; PROVIDED, HOWEVER, THAT:
A. ANY REQUEST BY 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 PLACEMENT PURSUANT TO SECTION 1091 OF THE
FAMILY COURT 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 THAT HAS BEEN RECEIVED BUT NOT FINAL-
LY DECIDED BY SUCH DATE SHALL BE DETERMINED IN ACCORDANCE WITH THE
PROVISIONS OF THIS ACT; AND
B. EFFECTIVE IMMEDIATELY, THE OFFICE OF CHILDREN AND FAMILY SERVICES
AND THE OFFICE OF COURT ADMINISTRATION ARE HEREBY AUTHORIZED TO PROMUL-
GATE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO IMPLEMENT THE
PROVISIONS OF THIS ACT ON AN EMERGENCY BASIS.
§ 4. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2020 amending the family court act,
relating to the placement of a former foster care youth during a certain
state of emergency, as proposed in legislative bills numbers S.8834 and
A.10581-B, takes effect.
