NY State Senate Bill 2021-S7179

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 22, 2021	signed chap.798
Dec 10, 2021	delivered to governor
Jun 10, 2021	returned to senate passed assembly
Jun 09, 2021	ordered to third reading rules cal.683 substituted for a7681a referred to ways and means delivered to assembly passed senate
Jun 08, 2021	ordered to third reading cal.1680
Jun 04, 2021	referred to rules

Votes

- Jun 9, 2021 - Floor Vote
  S7179
  
  60
  
  Aye
  
  3
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2021
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      nay (3)
      
      Gallivan
      
      Oberacker
      
      Ortt
  Jun 8, 2021 - Rules Committee Vote
  S7179
  
  16
  
  Aye
  
  0
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 8, 2021
      
      aye (16)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      aye wr (5)
      
      Gallivan
      
      Griffo
      
      O'Mara
      
      Ortt
      
      Ritchie

co-Sponsors

2021-S7179 (ACTIVE) - Details

See Assembly Version of this Bill:: A7681
Law Section:: Family Court Act
Laws Affected:: Amd §§355.3, 756-a, 1055, 1088 & 1091, Fam Ct Act; amd §507-a, Exec L

2021-S7179 (ACTIVE) - Summary

Provides for additional services or supports for youths who were previously in the foster care system; deals with the reentry of former foster care children back into the foster care system.

2021-S7179 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7179

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the family court act and the executive law, in relation
to reentry of former foster care children into foster care

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of his Family
Court Advisory and Rules Committee.

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 the 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 in preventing future
societal costs by ensuring that the youth will have the support neces-
sary to fulfill the commitments that they must make to participate in
educational or vocational programs as a condition of reentry into care.
The reentry statute was temporarily expanded during the pandemic by
chapter 346 of the laws of 2020.

This measure would extend the option of foster care reentry to a group
of youth not covered by either the 2020 or the 2020 statutes who would
benefit significantly from it. In addition to the rare cases of youth
who "age out" of foster care at age 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. Like the youth who have "aged out," the measure
would provide that such youth could not petition to reenter foster care
until they reach age 18. In order to accommodate this category, youth
who have been discharged prior to their 18th birthdays must make their
reentry applications prior to their 20th birthdays. 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 by a return to foster care than by the temporary shelter avail-
able from these providers. Recognizing the efficacy of returning to
foster care as a way to reduce the former foster care youth population
in homeless youth facilities, an Article VII bill introduced as part of
the 20172018 FY 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, the measure would clarify an aspect of the statute that
has caused 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 Article 10-B and, although referenced in the permanency
hearing provisions of 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 amend-
ing the post-dispositional provisions regarding extensions of placement
in the juvenile delinquency and PINS statutes (Family Court Act §§
355.3, 756-a(f)), as well as the child protective placement statute
(Family Court Act§ 1055), to § 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 protective or destitute child adjudications and voluntary
placements, as well as children freed for adoption but not yet adopted,
whose guardianship and custody' ave been transferred to a local social
services district or authorized child care agency. It would also include
the small number of juvenile delinquents placed by Family Courts in
counties outside New York City, who were discharged from non-secure
placements with the State Office of Children and Family Services (OCFS),
including those who may have been transferred to non-secure facilities
from secure or limited secure facilities.(2) Such OCFS-placed youth
would be eligible for placement with the social services district in
which they reside.

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 (2' 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 1V-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 " 
The 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
diapositive. 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 vital for those youth in the juvenile justice system who have
been placed with local social services districts. As the 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 continue 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 the
ages at which they are discharged and may be even more serious with
respect to the vulnerable juvenile justice population upon discharge
from care. In 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 providing an
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. Codification of Matter of Jefry H. through enactment of this meas-
ure, as well as extension of the option to youth discharged prior to
their 18th birthdays, 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 90 days after it shall have become a law.

 
2019-20 LEGISLATIVE HISTORY:

OCA 72

(1) Federal foster care assistance for youth up to the age of 21 under
Title IV-E of the Social Security Act became available as of October 1,
2010 pursuant to the Fostering Connections to Success and Increasing
Adoptions Act of 2008  
PUBLIC LAW 110-351.

2 With the implementation of the "Close to Home" program in New York
City, the New York City Family Court only places delinquent youth with
the New York City Administration for Children's Services, except for a
small number placed restrictively with NYS OCFS, a category not covered
by the existing reentry statute or by the measure unless the juveniles
have been transferred and then discharged from non-secure facilities.

2021-S7179 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7179
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 4, 2021
                                ___________
 
 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 and the executive law, 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 and a new subdivision 7 is added 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.
   7.  A YOUTH WHO WAS FORMERLY A RESPONDENT PURSUANT TO THIS ARTICLE MAY
 BE ELIGIBLE TO FILE A MOTION PURSUANT TO ARTICLE TEN-B OF THIS  ACT  AND
 MAY  BE SUBSEQUENTLY PLACED INTO FOSTER CARE, IN A SUPERVISED SETTING AS
 DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION THREE  HUNDRED  SEVENTY-ONE
 OF  THE  SOCIAL SERVICES LAW OR PLACEMENT IN A FOSTER FAMILY HOME, WHICH
 SHALL INCLUDE A KINSHIP PLACEMENT OR A PLACEMENT WITH FICTIVE KIN.
   § 2. Section 756-a of the family court act is amended by adding a  new
 subdivision (i) to read as follows:
   (I)  A  YOUTH  WHO  WAS FORMERLY A RESPONDENT PURSUANT TO THIS ARTICLE
 SHALL BE ELIGIBLE TO FILE A MOTION PURSUANT TO ARTICLE TEN-B OF THIS ACT
 AND MAY BE SUBSEQUENTLY PLACED INTO FOSTER CARE, IN A SUPERVISED SETTING
 AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION THREE  HUNDRED  SEVENTY-
 ONE  OF  THE  SOCIAL  SERVICES LAW OR PLACEMENT IN A FOSTER FAMILY HOME,
 WHICH SHALL INCLUDE A KINSHIP PLACEMENT OR A PLACEMENT WITH FICTIVE KIN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10135-05-1

 S. 7179                             2
 
   § 3. Paragraph (i) and the opening paragraph of  subparagraph  (A)  of
 paragraph  (ii)  of  subdivision (e) of section 1055 of the family court
 act, as amended by chapter 34 of the laws of 2021, are amended  to  read
 as follows:
   (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], AS DEFINED IN SECTION ONE THOUSAND NINETY-ONE OF  THIS  ACT,  may
 make  a motion pursuant to SUCH 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]  THREE  of  subdivision  [(a)]  (D)  of
 section one thousand ninety-one of this act.
   A former foster care youth [under the age of twenty-one who was previ-
 ously discharged from foster care due to a failure to consent to contin-
 uation  of  placement  pursuant  to], AS DEFINED IN section one thousand
 ninety-one of this act, may:
   § 4.  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-ONE
 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 ARTICLE
 TEN-B 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] DISTRICT FROM WHICH THE YOUTH WAS
 MOST RECENTLY DISCHARGED OR, IN THE CASE OF A  YOUTH  PREVIOUSLY  PLACED
 WITH  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES FOR PLACEMENT, TO BE
 PLACED IN THE CUSTODY OF THE SOCIAL SERVICES  DISTRICT  OF  THE  CHILD'S
 RESIDENCE  OR, IN THE CASE OF A CHILD FREED FOR ADOPTION, THE AUTHORIZED
 AGENCY INTO WHOSE CUSTODY AND GUARDIANSHIP THE CHILD HAS BEEN PLACED.

 S. 7179                             3
 
   § 5. Section 1091 of the family court act, as added by chapter 342  of
 the  laws  of 2010 and the opening paragraph as amended by chapter 34 of
 the laws of 2021, is amended to read as follows:
   §  1091.  Motion to return to foster care placement.  (A) FOR PURPOSES
 OF THIS ARTICLE:
   (1) "FORMER FOSTER CARE YOUTH" SHALL MEAN A YOUTH:
   (I) WHO HAS ATTAINED THE AGE OF EIGHTEEN BUT IS UNDER THE AGE OF TWEN-
 TY-ONE AND WHO HAD BEEN DISCHARGED FROM A  FOSTER  CARE  SETTING  ON  OR
 AFTER:
   (A)  ATTAINING  THE  AGE  OF  EIGHTEEN  DUE TO A FAILURE TO CONSENT TO
 CONTINUATION IN FOSTER CARE; OR
   (B) ATTAINING THE AGE OF SIXTEEN BUT WHO IS OR IS LIKELY TO  BE  HOME-
 LESS UNLESS RETURNED TO FOSTER CARE; AND
   (II)(A) PLACED IN FOSTER CARE WITH A LOCAL SOCIAL SERVICES DISTRICT OR
 AUTHORIZED AGENCY, AS APPLICABLE, 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
   (B)  FREED FOR ADOPTION IN ACCORDANCE WITH SECTION SIX HUNDRED THIRTY-
 ONE 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
   (C) PLACED WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES AS A  JUVE-
 NILE DELINQUENT FOR A NON-SECURE LEVEL OF CARE PURSUANT TO ARTICLE THREE
 OF THIS ACT.
   (2) "FOSTER CARE SETTING" SHALL NOT INCLUDE PLACEMENTS IN:
   (I)  (A)  A  LIMITED SECURE OR SECURE LEVEL OF CARE WITH THE OFFICE OF
 CHILDREN AND FAMILY SERVICES; OR
   (B) A LIMITED SECURE LEVEL OF CARE WHERE THE PLACEMENT WAS MADE  IN  A
 COUNTY  THAT HAS AN APPROVED "CLOSE TO HOME" PROGRAM PURSUANT TO SECTION
 FOUR HUNDRED FOUR OF THE SOCIAL SERVICES LAW.
   (II) PROVIDED HOWEVER, A YOUTH WHO WAS PREVIOUSLY PLACED IN A  LIMITED
 SECURE  OR  SECURE  LEVEL  OF CARE BUT WAS SUBSEQUENTLY TRANSFERRED TO A
 NON-SECURE LEVEL OF CARE MAY STILL BE ELIGIBLE TO RE-ENTER IF SUCH YOUTH
 WAS ULTIMATELY RELEASED FROM A NON-SECURE SETTING.
   (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
 PREVIOUSLY PLACED WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES, TO BE
 PLACED IN THE CUSTODY OF THE SOCIAL SERVICES  DISTRICT  OF  THE  CHILD'S
 RESIDENCE,  OR,  IN  THE  CASE OF A CHILD FREED FOR ADOPTION, THE SOCIAL
 SERVICES DISTRICT OR AUTHORIZED AGENCY INTO WHOSE CUSTODY AND  GUARDIAN-
 SHIP  SUCH 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; provided further, however, that  during  the  state  of
 emergency declared pursuant to Executive Order 202 of 2020 or any exten-

 S. 7179                             4

 sion or subsequent executive order issued in response to the novel coro-
 navirus  (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 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  subse-
 quently claim reimbursement under Title IV-E of the federal social secu-
 rity  act  to  support the youth's care, and the family court shall hear
 and determine such motions on an expedited basis.
   [(a)] (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;  PROVIDED  FURTHER,
 HOWEVER,  THAT DURING THE STATE OF EMERGENCY DECLARED PURSUANT TO EXECU-
 TIVE  ORDER 202 OF 2020, OR ANY EXTENSION OR  SUBSEQUENT  ORDER  ISSUED,
 SUCH  FORMER  FOSTER 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 IN ACCORDANCE WITH  PARAGRAPH  ONE OF  THIS  SUBDIVISION
 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  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  EXECU-
 TIVE  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.
   (D) A motion made pursuant to this [section] ARTICLE by [a] THE APPLI-
 CABLE OFFICIAL OF THE LOCAL social services [official] DISTRICT, AUTHOR-
 IZED 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
 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

 S. 7179                             5
 
   (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,
 four 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 paragraph two of subdivision
 (b) of this section, that such refusal by such social services  district
 is unreasonable,] the court shall grant a motion made pursuant to subdi-
 vision  [(b)] (E) of this section if the court finds and states in writ-
 ing that the refusal [by the local social services district]  is  unrea-
 sonable. 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
 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:

 S. 7179                             6
 
   (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.
   § 6. Subdivision 5 of section 507-a of the executive law,  as  amended
 by  section 80 of part WWW of chapter 59 of the laws of 2017, is amended
 to read as follows:
   5. Consistent with other provisions of law, in the discretion  of  the
 commissioner of the office of children and family services, youth placed
 within the office under the family court act who attain the age of eigh-
 teen  while  in custody of the office and who are not required to remain
 in the placement with the office as a result of a dispositional order of
 the family court may reside in a PLACEMENT IN AN AUTHORIZED AGENCY OR  A
 non-secure  facility  until  the  age  of twenty-one, provided that such
 youth attend a full-time vocational or educational program and are like-
 ly to benefit from such program.
   § 7. This act shall take effect immediately; provided,  however,  that
 the amendments to section 1055 and the opening paragraph of section 1091
 of  the  family  court  act  made by sections three and five of this act
 shall not affect the expiration of such subdivision  and  paragraph  and
 shall be deemed to expire therewith.

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Senate Bill S7179

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 9, 2021 - Floor Vote

Floor Vote: Jun 9, 2021

Jun 8, 2021 - Rules Committee Vote

Rules Committee Vote: Jun 8, 2021

co-Sponsors

2021-S7179 (ACTIVE) - Details

2021-S7179 (ACTIVE) - Summary

2021-S7179 (ACTIVE) - Sponsor Memo

2021-S7179 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7179

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Sponsored By

Roxanne J. Persaud

Archive: Last Bill Status - Signed by Governor

co-Sponsors

Alessandra Biaggi

2021-S7179 (ACTIVE) - Details

2021-S7179 (ACTIVE) - Summary

2021-S7179 (ACTIVE) - Sponsor Memo

2021-S7179 (ACTIVE) - Bill Text download pdf

Comments