S. 815 2
proposed in legislative bills numbers S. 8724-B and A. 9321-B, is
amended and a new paragraph (c) is added to read as follows:
(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] TWENTY-THREE. 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.]
(C) IF THE RESPONDENT IS ELIGIBLE TO RETURN TO FOSTER CARE PURSUANT TO
THE PROVISIONS OF ARTICLE TEN-B OF THIS ACT, UPON THE CONSENT OF THE
RESPONDENT, THE COURT MAY CONVERT A MOTION BROUGHT UNDER THIS SUBDIVI-
SION TO A MOTION TO RETURN THE RESPONDENT TO FOSTER CARE.
§ 3. Subdivision (j) of section 756-a of the family court act, as
added by a chapter of the laws of 2024 amending the family court act and
the social services law relating to enacting the "safe landings for
youth leaving foster care act" or "safe landings act", as proposed in
legislative bills numbers S. 8724-B and A. 9321-B, is amended 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
S. 815 3
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] TWENTY-THREE. 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 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.]
(III) IF THE RESPONDENT IS ELIGIBLE TO RETURN TO FOSTER CARE PURSUANT
TO THE PROVISIONS OF ARTICLE TEN-B OF THIS ACT, UPON THE CONSENT OF THE
RESPONDENT, THE COURT MAY CONVERT A MOTION BROUGHT UNDER THIS SUBDIVI-
SION TO A MOTION TO RETURN THE RESPONDENT TO FOSTER CARE.
§ 4. Subdivision (d) of section 1088 of the family court act, as added
by a chapter of the laws of 2024 amending the family court act and the
social services law relating to enacting the "safe landings for youth
leaving foster care act" or "safe landings act", as proposed in legisla-
tive bills numbers S. 8724-B and A. 9321-B, is amended 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, 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] TWENTY-THREE. The court's jurisdiction over any such motion
shall continue until such motion and any related appeals are finally
resolved.
S. 815 4
[(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.]
(III) IF THE YOUTH IS ELIGIBLE TO RETURN TO FOSTER CARE PURSUANT TO
THE PROVISIONS OF ARTICLE TEN-B OF THIS ACT, UPON THE CONSENT OF THE
YOUTH, THE COURT MAY CONVERT A MOTION BROUGHT UNDER THIS SUBDIVISION TO
A MOTION TO RETURN THE YOUTH TO FOSTER CARE.
§ 5. Clause (C-1) of subparagraph (viii) of paragraph 2 of subdivision
(d) of section 1089 of the family court act, as added by a chapter of
the laws of 2024 amending the family court act and the social services
law relating to enacting the "safe landings for youth leaving foster
care act" or "safe landings act", as proposed in legislative bills
numbers S. 8724-B and A. 9321-B, is amended 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.
§ 6. Paragraph (c) of subdivision 2-a of section 358-a of the social
services law, as added by a chapter of the laws of 2024 amending the
family court act and the social services law relating to enacting the
"safe landings for youth leaving foster care act" or "safe landings
act", as proposed in legislative bills numbers S. 8724-B and A. 9321-B,
is amended 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.
S. 815 5
(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] TWENTY-THREE. 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.]
(III) IF THE YOUTH IS ELIGIBLE TO RETURN TO FOSTER CARE PURSUANT TO
THE PROVISIONS OF ARTICLE TEN-B OF THE FAMILY COURT ACT, UPON THE
CONSENT OF THE YOUTH, THE COURT MAY CONVERT A MOTION BROUGHT UNDER THIS
PARAGRAPH TO A MOTION TO RETURN THE YOUTH TO FOSTER CARE.
§ 7. Section 11 of a chapter of the laws of 2024 amending the family
court act and the social services law relating to enacting the "safe
landings for youth leaving foster care act" or "safe landings act", as
proposed in legislative bills numbers S. 8724-B and A. 9321-B, is
amended to read as follows:
§ 11. This act shall take effect on the [thirtieth] ONE HUNDRED EIGHT-
IETH day after it shall have become a law AND SHALL APPLY ONLY TO ORDERS
ISSUED ON OR AFTER SUCH DATE.
§ 8. This act shall take effect immediately; provided however, that
sections one, two, three, four, five and six of this act shall take
effect on the same date and in the same manner as a chapter of the laws
of 2024 amending the family court act and the social services law relat-
ing to enacting the "safe landings for youth leaving foster care act" or
"safe landings act", as proposed in legislative bills numbers S. 8724-B
and A. 9321-B, takes effect.
