S T A T E O F N E W Y O R K
________________________________________________________________________
9321--B
I N A S S E M B L Y
February 29, 2024
___________
Introduced by M. of A. HEVESI, CLARK, STECK, ARDILA, BURDICK, REYES,
L. ROSENTHAL, EPSTEIN, TAPIA, SEAWRIGHT, KELLES, SIMONE, SIMON, GONZA-
LEZ-ROJAS, O'DONNELL, BURGOS, KIM, DICKENS, DE LOS SANTOS, WALKER,
PAULIN, DAVILA, DINOWITZ, BEEPHAN, STERN, BORES, BRONSON, LUNSFORD,
CRUZ, SHRESTHA, LEVENBERG, TAYLOR, GIBBS, LAVINE, McDONALD, RAGA,
CARROLL, GALLAHAN, BICHOTTE HERMELYN, GUNTHER, GALLAGHER, MAMDANI,
PRETLOW, MEEKS, FORREST -- read once and referred to the Committee on
Children and Families -- reported and referred to the Committee on
Ways and Means -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the family court act and the social services law, in
relation to enacting the "safe landings for youth leaving foster care
act" or "safe landings act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "safe landings for youth leaving foster care act" or the "safe land-
ings act".
§ 2. Section 249 of the family court act is amended by adding a new
subdivision (c) to read as follows:
(C) IN ANY PROCEEDING UNDER SUBDIVISION ELEVEN OF SECTION 355.5 OF
THIS ACT, SUBDIVISION (J) OF SECTION SEVEN HUNDRED FIFTY-SIX-A OF THIS
ACT, SECTION ONE THOUSAND FIFTEEN-A OF THIS ACT, SUBDIVISION (D) OF
SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS ACT, CLAUSE (C-1) OF SUBPARA-
GRAPH (VIII) OF PARAGRAPH TWO OF SUBDIVISION (D) OF SECTION ONE THOUSAND
EIGHTY-NINE OF THIS ACT, AND/OR PARAGRAPH (C) OF SUBDIVISION TWO-A OF
SECTION THREE HUNDRED FIFTY-EIGHT-A OF THE SOCIAL SERVICES LAW, THE
COURT SHALL APPOINT AN ATTORNEY TO REPRESENT A YOUTH WHO WAS FORMERLY IN
FOSTER CARE AND IS SEEKING TO ENFORCE AN ORDER MADE ON THEIR BEHALF
BEFORE THEIR TWENTY-FIRST BIRTHDAY WHILE THEY WERE STILL IN FOSTER CARE,
IF INDEPENDENT LEGAL REPRESENTATION IS NOT AVAILABLE TO SUCH YOUTH. SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14516-09-4
A. 9321--B 2
REPRESENTATION SHALL CONTINUE FOR ALL FURTHER PROCEEDINGS THEREON,
INCLUDING ALL MOTIONS AND ANY RELATED APPEALS.
§ 3. Section 255 of the family court act, as amended by chapter 563 of
the laws of 1980, is amended to read as follows:
§ 255. Cooperation of officials and organizations. (A) It is hereby
made the duty of, and the family court or a judge thereof may order, any
state, county, municipal and school district officer and employee to
render such assistance and cooperation as shall be within [his] THEIR
legal authority, as may be required, to further the objects of this act
provided, however, that with respect to a school district an order made
pursuant to this section shall be limited to requiring the performance
of the duties imposed upon the school district and board of education or
trustees thereof pursuant to sections four thousand five, forty-four
hundred two and forty-four hundred four of the education law, to review,
evaluate, recommend, and determine the appropriate special services or
programs necessary to meet the needs of a handicapped child, but shall
not require the provisions of a specific special service or program, and
such order shall be made only where it appears to the court or judge
that adequate administrative procedure to require the performance of
such duties is not available. It is hereby made the duty of and the
family court or judge thereof may order, any agency or other institution
to render such information, assistance and cooperation as shall be with-
in its legal authority concerning a child who is or shall be under its
care, treatment, supervision or custody as may be required to further
the objects of this act. The court is authorized to seek the cooperation
of, and may use, within its authorized appropriation therefor, the
services of all societies or organizations, public or private, having
for their object the protection or aid of children or families, includ-
ing family counselling services, to the end that the court may be
assisted in every reasonable way to give the children and families with-
in its jurisdiction such care, protection and assistance as will best
enhance their welfare.
(B) AN ORDER OF THE FAMILY COURT OR A JUDGE THEREOF DIRECTING A SOCIAL
SERVICES DISTRICT AND/OR SOCIAL SERVICES OFFICIAL, AS DEFINED IN SECTION
TWO OF THE SOCIAL SERVICES LAW, AND/OR AN AUTHORIZED AGENCY, AS DEFINED
BY SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL
SERVICES LAW, TO PERFORM AN ACTION FOR THE PURPOSE OF ASSISTING A YOUTH
PLACED IN FOSTER CARE, SHALL REMAIN ENFORCEABLE AFTER SUCH YOUTH IS
DISCHARGED FROM FOSTER CARE PURSUANT TO SUBDIVISION (D) OF SECTION ONE
THOUSAND EIGHTY-EIGHT OF THIS ACT.
§ 4. Section 355.5 of the family court act is amended by adding a new
subdivision 11 to read as follows:
11. WHERE PLACEMENT WILL END PRIOR TO A SUBSEQUENT PERMANENCY HEARING
DUE TO THE RESPONDENT'S AGE AND/OR FAILURE TO CONSENT TO CONTINUATION OF
PLACEMENT, COURT ORDERS MADE PURSUANT TO THIS SECTION SHALL BE ENFORCEA-
BLE AGAINST THE AGENCY WITH WHOM SUCH RESPONDENT WAS PLACED AFTER SUCH
RESPONDENT WAS DISCHARGED FROM CARE.
(A) THE COURT SHALL MAINTAIN JURISDICTION OVER A CASE FOR PURPOSES OF
HEARING A MOTION FOR CONTEMPT AGAINST THE AGENCY WITH WHOM THE RESPOND-
ENT WAS PLACED PURSUANT TO SECTION SEVEN HUNDRED FIFTY-THREE OF THE
JUDICIARY LAW. SUCH A MOTION MAY BE BROUGHT BY A RESPONDENT WHO WAS
FORMERLY PLACED WITH A COMMISSIONER OF SOCIAL SERVICES OR THE OFFICE OF
CHILDREN AND FAMILY SERVICES PURSUANT TO SECTION 353.3 OF THIS PART AND
RESIDED IN A FOSTER HOME OR NON-SECURE FACILITY. IN ADDITION TO ANY
OTHER DEFENSE, IT SHALL BE AN AFFIRMATIVE DEFENSE TO A MOTION FILED IN
ACCORDANCE WITH THIS PARAGRAPH THAT COMPLIANCE WITH THE COURT ORDER WAS
A. 9321--B 3
NOT POSSIBLE DUE SOLELY TO THE YOUTH'S REFUSAL TO CONSENT TO CONTINUA-
TION OF FOSTER CARE PLACEMENT WHERE SUCH REFUSAL IS DOCUMENTED IN A
SIGNED, NOTARIZED LETTER EXECUTED BY THE YOUTH AFTER CONSULTATION WITH
THEIR ATTORNEY FOR THE CHILD.
(B) (I) THE COURT SHALL MAINTAIN JURISDICTION OVER A MOTION DESCRIBED
IN PARAGRAPH (A) OF THIS SUBDIVISION IF SUCH MOTION IS FILED BEFORE THE
RESPONDENT ATTAINS THE AGE OF TWENTY-TWO, OR AFTER SUCH RESPONDENT
ATTAINS THE AGE OF TWENTY-TWO AND UPON A SHOWING OF GOOD CAUSE, WHICH
MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, A FAILURE TO OBTAIN STABLE
HOUSING. THE COURT'S JURISDICTION OVER ANY SUCH MOTION SHALL CONTINUE
UNTIL SUCH MOTION AND ANY RELATED APPEALS ARE FINALLY RESOLVED.
(II) FOR THE PURPOSES OF THIS PARAGRAPH, "STABLE HOUSING" SHALL MEAN
HOUSING WHERE THE YOUTH RESPONDENT SHALL BE REASONABLY EXPECTED TO
RESIDE FOR AT LEAST TWELVE MONTHS; PROVIDED, HOWEVER, THAT A HOMELESS
SHELTER, TEMPORARY ACCOMMODATIONS WITH FAMILY OR FRIENDS, A SINGLE-ROOM
OCCUPANCY HOTEL, OR ANY OTHER CONGREGATE LIVING ARRANGEMENT WHICH HOUSES
MORE THAN TEN UNRELATED PERSONS, OR REMAINING IN A FOSTER CARE SETTING
PURSUANT TO A LOCAL SOCIAL SERVICES DISTRICT POLICY OR PRACTICE AFTER
THE RESPONDENT ATTAINS THE AGE OF TWENTY-ONE, SHALL NOT BE CONSIDERED
STABLE HOUSING; PROVIDED, HOWEVER, THAT DISCHARGE INTO A CONGREGATE
LIVING ARRANGEMENT LICENSED BY THE OFFICE OF MENTAL HEALTH OR THE OFFICE
FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, IN ACCORDANCE WITH A YOUTH'S
PERMANENCY PLAN OR DISCHARGE PLAN, TO RECEIVE RESIDENTIAL SERVICES WHICH
ARE REASONABLY EXPECTED TO CONTINUE FOR AT LEAST TWELVE MONTHS, INCLUD-
ING A CONGREGATE LIVING ARRANGEMENT WHICH HOUSES MORE THAN TEN UNRELATED
PERSONS, SHALL CONSTITUTE STABLE HOUSING.
§ 5. Section 756-a of the family court act is amended by adding a new
subdivision (j) to read as follows:
(J) WHERE PLACEMENT WILL END PRIOR TO A SUBSEQUENT PERMANENCY HEARING
DUE TO THE RESPONDENT'S AGE AND/OR FAILURE TO CONSENT TO CONTINUATION OF
PLACEMENT, COURT ORDERS MADE PURSUANT TO THIS SECTION SHALL BE ENFORCEA-
BLE AGAINST THE SOCIAL SERVICES DISTRICT AND/OR SOCIAL SERVICES OFFI-
CIAL, AS DEFINED IN SECTION TWO OF THE SOCIAL SERVICES LAW, AND/OR THE
AUTHORIZED AGENCY, AS DEFINED BY SUBDIVISION TEN OF SECTION THREE
HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW, WITH WHOM SUCH RESPOND-
ENT WAS PLACED AFTER SUCH RESPONDENT WAS DISCHARGED FROM CARE.
(I) THE COURT SHALL MAINTAIN JURISDICTION OVER A CASE FOR PURPOSES OF
HEARING A MOTION FOR CONTEMPT AGAINST THE AGENCY WITH WHOM THE RESPOND-
ENT WAS PLACED PURSUANT TO SECTION SEVEN HUNDRED FIFTY-THREE OF THE
JUDICIARY LAW. SUCH A MOTION MAY BE BROUGHT BY SUCH RESPONDENT WHO WAS
FORMERLY PLACED PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SIX OF THIS PART
OR THIS SECTION. IN ADDITION TO ANY OTHER DEFENSE, IT SHALL BE AN
AFFIRMATIVE DEFENSE TO A MOTION FILED IN ACCORDANCE WITH THIS PARAGRAPH
THAT COMPLIANCE WITH THE COURT ORDER WAS NOT POSSIBLE DUE SOLELY TO THE
YOUTH'S REFUSAL TO CONSENT TO CONTINUATION OF FOSTER CARE PLACEMENT
WHERE SUCH REFUSAL IS DOCUMENTED IN A SIGNED, NOTARIZED LETTER EXECUTED
BY THE YOUTH AFTER CONSULTATION WITH THEIR ATTORNEY FOR THE CHILD.
(II) (A) THE COURT SHALL MAINTAIN JURISDICTION OVER A MOTION DESCRIBED
IN PARAGRAPH (I) OF THIS SUBDIVISION IF SUCH MOTION IS FILED BEFORE THE
RESPONDENT ATTAINS THE AGE OF TWENTY-TWO, OR AFTER SUCH RESPONDENT
ATTAINS THE AGE OF TWENTY-TWO AND UPON A SHOWING OF GOOD CAUSE, WHICH
MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, A FAILURE TO OBTAIN STABLE
HOUSING. THE COURT'S JURISDICTION OVER ANY SUCH MOTION SHALL CONTINUE
UNTIL SUCH MOTION AND ANY RELATED APPEALS ARE FINALLY RESOLVED.
(B) FOR THE PURPOSES OF THIS PARAGRAPH, "STABLE HOUSING" SHALL MEAN
HOUSING WHERE THE YOUTH RESPONDENT SHALL BE REASONABLY EXPECTED TO
A. 9321--B 4
RESIDE FOR AT LEAST TWELVE MONTHS; PROVIDED, HOWEVER, THAT A HOMELESS
SHELTER, TEMPORARY ACCOMMODATIONS WITH FAMILY OR FRIENDS, A SINGLE-ROOM
OCCUPANCY HOTEL, OR ANY OTHER CONGREGATE LIVING ARRANGEMENT WHICH HOUSES
MORE THAN TEN UNRELATED PERSONS, OR REMAINING IN A FOSTER CARE SETTING
PURSUANT TO A LOCAL SOCIAL SERVICES DISTRICT POLICY OR PRACTICE AFTER
THE RESPONDENT ATTAINS THE AGE OF TWENTY-ONE, SHALL NOT BE CONSIDERED
STABLE HOUSING; PROVIDED, HOWEVER, THAT DISCHARGE INTO A CONGREGATE
LIVING ARRANGEMENT LICENSED BY THE OFFICE OF MENTAL HEALTH OR THE OFFICE
FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, IN ACCORDANCE WITH A YOUTH'S
PERMANENCY PLAN OR DISCHARGE PLAN, TO RECEIVE RESIDENTIAL SERVICES WHICH
ARE REASONABLY EXPECTED TO CONTINUE FOR AT LEAST TWELVE MONTHS, INCLUD-
ING A CONGREGATE LIVING ARRANGEMENT WHICH HOUSES MORE THAN TEN UNRELATED
PERSONS, SHALL CONSTITUTE STABLE HOUSING.
§ 6. Section 1015-a of the family court act, as added by chapter 760
of the laws of 1987, is amended to read as follows:
§ 1015-a. Court-ordered services. In any proceeding under this arti-
cle, the court may order a social services official to provide or
arrange for the provision of services or assistance to the child and
[his or her] THEIR family to facilitate the protection of the child, the
rehabilitation of the family and, as appropriate, the discharge of the
child from foster care. Such order shall not include the provision of
any service or assistance to the child and [his or her] THEIR family
which is not authorized or required to be made available pursuant to the
comprehensive annual services program plan then in effect. In any order
issued pursuant to this section the court may require a social services
official to make periodic progress reports to the court on the implemen-
tation of such order. Nothing in such order shall preclude any party
from exercising its rights under this article or any other provision of
law relating to the return of the care and custody of the child by a
social services official to the parent, parents or guardian. Violation
of such order shall be subject to punishment pursuant to section seven
hundred fifty-three of the judiciary law. SUCH ORDER RELATING TO
SERVICES FOR A CHILD PLACED IN FOSTER CARE SHALL BE ENFORCEABLE AFTER
SUCH CHILD IS DISCHARGED FROM FOSTER CARE PURSUANT TO SUBDIVISION (D) OF
SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS ACT.
§ 7. Section 1088 of the family court act is amended by adding a new
subdivision (d) to read as follows:
(D) (I) SUBJECT TO THE PROVISIONS OF PARAGRAPH (II) OF THIS SUBDIVI-
SION, THE COURT SHALL ALSO MAINTAIN JURISDICTION OVER A CASE FOR
PURPOSES OF HEARING A MOTION BROUGHT BY A FORMER FOSTER CARE YOUTH, AS
DEFINED IN ARTICLE TEN-B OF THIS ACT, OR BY A YOUNG ADULT WHO LEFT
FOSTER CARE UPON OR AFTER ATTAINING THE AGE OF TWENTY-ONE, FOR CONTEMPT
PURSUANT TO SECTION SEVEN HUNDRED FIFTY-THREE OF THE JUDICIARY LAW,
AGAINST A SOCIAL SERVICES DISTRICT AND/OR SOCIAL SERVICES OFFICIAL, AS
DEFINED IN SECTION TWO OF THE SOCIAL SERVICES LAW, AND/OR AN AUTHORIZED
AGENCY, AS DEFINED IN SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-
ONE OF THE SOCIAL SERVICES LAW. IN ADDITION TO ANY OTHER DEFENSE, IT
SHALL BE AN AFFIRMATIVE DEFENSE TO A MOTION FILED IN ACCORDANCE WITH
THIS PARAGRAPH THAT COMPLIANCE WITH THE COURT ORDER WAS NOT POSSIBLE DUE
SOLELY TO THE YOUTH'S REFUSAL TO CONSENT TO CONTINUATION OF FOSTER CARE
PLACEMENT WHERE SUCH REFUSAL IS DOCUMENTED IN A SIGNED, NOTARIZED LETTER
EXECUTED BY THE YOUTH AFTER CONSULTATION WITH THEIR ATTORNEY FOR THE
CHILD.
(II) (A) THE COURT SHALL MAINTAIN JURISDICTION OVER A MOTION DESCRIBED
IN PARAGRAPH (I) OF THIS SUBDIVISION IF SUCH MOTION IS FILED BEFORE THE
FORMER FOSTER CARE YOUTH OR YOUNG ADULT ATTAINS THE AGE OF TWENTY-TWO,
A. 9321--B 5
OR AFTER THE FORMER FOSTER CARE YOUTH OR YOUNG ADULT ATTAINS THE AGE OF
TWENTY-TWO AND UPON A SHOWING OF GOOD CAUSE, WHICH MAY INCLUDE, BUT
SHALL NOT BE LIMITED TO, A FAILURE TO OBTAIN STABLE HOUSING. THE
COURT'S JURISDICTION OVER ANY SUCH MOTION SHALL CONTINUE UNTIL SUCH
MOTION AND ANY RELATED APPEALS ARE FINALLY RESOLVED.
(B) FOR THE PURPOSES OF THIS PARAGRAPH, "STABLE HOUSING" SHALL MEAN
HOUSING WHERE THE YOUTH SHALL BE REASONABLY EXPECTED TO RESIDE FOR AT
LEAST TWELVE MONTHS; PROVIDED, HOWEVER, THAT A HOMELESS SHELTER, TEMPO-
RARY ACCOMMODATIONS WITH FAMILY OR FRIENDS, A SINGLE-ROOM OCCUPANCY
HOTEL, OR ANY OTHER CONGREGATE LIVING ARRANGEMENT WHICH HOUSES MORE THAN
TEN UNRELATED PERSONS, OR REMAINING IN A FOSTER CARE SETTING PURSUANT TO
A LOCAL SOCIAL SERVICES DISTRICT POLICY OR PRACTICE AFTER THE YOUTH
ATTAINS THE AGE OF TWENTY-ONE, SHALL NOT BE CONSIDERED STABLE HOUSING;
PROVIDED, HOWEVER, THAT DISCHARGE INTO A CONGREGATE LIVING ARRANGEMENT
LICENSED BY THE OFFICE OF MENTAL HEALTH OR THE OFFICE FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES, IN ACCORDANCE WITH A YOUTH'S PERMANENCY PLAN
OR DISCHARGE PLAN, TO RECEIVE RESIDENTIAL SERVICES WHICH ARE REASONABLY
EXPECTED TO CONTINUE FOR AT LEAST TWELVE MONTHS, INCLUDING A CONGREGATE
LIVING ARRANGEMENT WHICH HOUSES MORE THAN TEN UNRELATED PERSONS, SHALL
CONSTITUTE STABLE HOUSING.
§ 8. Subparagraph (viii) of paragraph 2 of subdivision (d) of section
1089 of the family court act is amended by adding a new clause (C-1) to
read as follows:
(C-1) WHERE PLACEMENT WILL BE ENDING PRIOR TO A SUBSEQUENT PERMANENCY
HEARING DUE TO THE CHILD ATTAINING TWENTY-ONE YEARS OF AGE, THE COURT
MAY DIRECT THE SOCIAL SERVICES DISTRICT AND/OR THE SOCIAL SERVICES OFFI-
CIAL, AS DEFINED BY SECTION TWO OF THE SOCIAL SERVICES LAW, AND/OR AN
AUTHORIZED AGENCY, AS DEFINED BY SUBDIVISION TEN OF SECTION THREE
HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW, TO PROVIDE ASSISTANCE OR
SERVICES TO SUCH CHILD AND SUCH ORDERS SHALL BE ENFORCEABLE AFTER SUCH
CHILD IS DISCHARGED FROM FOSTER CARE PURSUANT TO SUBDIVISION (D) OF
SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS ARTICLE.
§ 9. Subdivision (a) of section 1090 of the family court act, as
amended by chapter 605 of the laws of 2011, is amended to read as
follows:
(a) If an attorney for the child has been appointed by the family
court in a proceeding pursuant to this article or section three hundred
fifty-eight-a, three hundred eighty-three-c, three hundred eighty-four,
or three hundred eighty-four-b of the social services law, or article
ten, ten-B or ten-C of this act, the appointment of the attorney for the
child shall continue without further court order or appointment, unless
another appointment of an attorney for the child has been made by the
court, until the child is discharged from placement and all orders
regarding supervision, protection or services have expired. The attorney
for the child shall also represent the child without further order or
appointment in any proceedings under article ten-B or ten-C of this act.
THE ATTORNEY FOR THE CHILD SHALL ALSO REPRESENT THE CHILD WITHOUT
FURTHER ORDER OR APPOINTMENT IN ANY PROCEEDING BROUGHT BY A YOUTH WHO
WAS FORMERLY IN FOSTER CARE TO ENFORCE ORDERS THAT WERE MADE PRIOR TO
SUCH CHILD'S DISCHARGE FROM CARE WHEN SUCH CHILD WAS BETWEEN THE AGES OF
EIGHTEEN AND TWENTY-ONE. All notices, reports and motions required by
law shall be provided to such attorney. The attorney for the child may
be relieved of [his or her] THEIR representation upon application to the
court for termination of the appointment. Upon approval of the applica-
tion, the court shall immediately appoint another attorney to whom all
notices, reports, and motions required by law shall be provided.
A. 9321--B 6
§ 10. Subdivision 2-a of section 358-a of the social services law is
amended by adding a new paragraph (c) to read as follows:
(C) (I) SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH (II) OF THIS PARA-
GRAPH, THE COURT SHALL ALSO MAINTAIN JURISDICTION OVER A CASE FOR THE
PURPOSES OF HEARING AND DECIDING A MOTION BROUGHT BY A FORMER FOSTER
CARE YOUTH, AS DEFINED IN ARTICLE TEN-B OF THE FAMILY COURT ACT, OR BY A
YOUNG ADULT WHO LEFT FOSTER CARE UPON OR AFTER ATTAINING THE AGE OF
TWENTY-ONE, FOR CONTEMPT PURSUANT TO SECTION SEVEN HUNDRED FIFTY-THREE
OF THE JUDICIARY LAW AGAINST A SOCIAL SERVICES DISTRICT AND/OR SOCIAL
SERVICES OFFICIAL, AS DEFINED BY SECTION TWO OF THIS CHAPTER, AND/OR AN
AUTHORIZED AGENCY, AS DEFINED BY SUBDIVISION TEN OF SECTION THREE
HUNDRED SEVENTY-ONE OF THIS CHAPTER. IN ADDITION TO ANY OTHER DEFENSE,
IT SHALL BE AN AFFIRMATIVE DEFENSE TO A MOTION FILED IN ACCORDANCE WITH
THIS PARAGRAPH THAT COMPLIANCE WITH THE COURT ORDER WAS NOT POSSIBLE DUE
SOLELY TO THE YOUTH'S REFUSAL TO CONSENT TO CONTINUATION OF FOSTER CARE
PLACEMENT WHERE SUCH REFUSAL IS DOCUMENTED IN A SIGNED, NOTARIZED LETTER
EXECUTED BY THE YOUTH AFTER CONSULTATION WITH THEIR ATTORNEY FOR THE
CHILD.
(II) (A) THE COURT SHALL MAINTAIN JURISDICTION OVER A MOTION DESCRIBED
IN SUBPARAGRAPH (I) OF THIS PARAGRAPH IF SUCH MOTION IS FILED BEFORE THE
FORMER FOSTER CARE YOUTH OR YOUNG ADULT ATTAINS THE AGE OF TWENTY-TWO,
OR AFTER THE FORMER FOSTER CARE YOUTH OR YOUNG ADULT ATTAINS THE AGE OF
TWENTY-TWO AND UPON A SHOWING OF GOOD CAUSE, WHICH MAY INCLUDE, BUT
SHALL NOT BE LIMITED TO, A FAILURE TO OBTAIN STABLE HOUSING. THE
COURT'S JURISDICTION OVER ANY SUCH MOTION SHALL CONTINUE UNTIL SUCH
MOTION AND ANY RELATED APPEALS ARE FINALLY RESOLVED.
(B) FOR THE PURPOSES OF THIS PARAGRAPH, "STABLE HOUSING" SHALL MEAN
HOUSING WHERE THE YOUTH RESPONDENT SHALL BE REASONABLY EXPECTED TO
RESIDE FOR AT LEAST TWELVE MONTHS; PROVIDED, HOWEVER, THAT A HOMELESS
SHELTER, TEMPORARY ACCOMMODATIONS WITH FAMILY OR FRIENDS, A SINGLE-ROOM
OCCUPANCY HOTEL, OR ANY OTHER CONGREGATE LIVING ARRANGEMENT WHICH HOUSES
MORE THAN TEN UNRELATED PERSONS, OR REMAINING IN A FOSTER CARE SETTING
PURSUANT TO A LOCAL SOCIAL SERVICES DISTRICT POLICY OR PRACTICE AFTER
THE YOUTH ATTAINS THE AGE OF TWENTY-ONE, SHALL NOT BE CONSIDERED STABLE
HOUSING; PROVIDED, HOWEVER, THAT DISCHARGE INTO A CONGREGATE LIVING
ARRANGEMENT LICENSED BY THE OFFICE OF MENTAL HEALTH OR THE OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES, IN ACCORDANCE WITH A YOUTH'S
PERMANENCY PLAN OR DISCHARGE PLAN, TO RECEIVE RESIDENTIAL SERVICES WHICH
ARE REASONABLY EXPECTED TO CONTINUE FOR AT LEAST TWELVE MONTHS, INCLUD-
ING A CONGREGATE LIVING ARRANGEMENT WHICH HOUSES MORE THAN TEN UNRELATED
PERSONS, SHALL CONSTITUTE STABLE HOUSING.
§ 11. This act shall take effect on the thirtieth day after it shall
have become a law.