Bill Text: NY A07941 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides for the reentry of certain foster children after they were discharged from foster care after attaining the age of eighteen for failure to consent or who were discharged from foster care after attaining the age of sixteen but who is or is likely to become homeless.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2019-06-19 - RETURNED TO ASSEMBLY [A07941 Detail]

Download: New_York-2019-A07941-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7941

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 29, 2019
                                       ___________

        Introduced  by  M.  of  A.  JAFFEE -- (at request of the Office of Court
          Administration) -- read once and referred to the Committee on Children
          and Families

        AN ACT to amend the family court act, 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:

     1    Section 1. Subdivision 6 of section 355.3 of the family court act,  as
     2  amended  by section 75 of part WWW of chapter 59 of the laws of 2017, is
     3  amended to read as follows:
     4    6. Successive extensions of placement under this section may be grant-
     5  ed, but no placement may be made or continued  beyond  the  respondent's
     6  eighteenth  birthday  without  [the child's] his or her consent for acts
     7  committed before the respondent's sixteenth birthday  and  in  no  event
     8  past  [the  child's] his or her twenty-first birthday except as provided
     9  for in subdivision four of section 353.5 of this part.  A respondent who
    10  has attained the age of eighteen but is less than  twenty-one  years  of
    11  age may move or, with his or her consent, may be the subject of a motion
    12  to  reenter foster care in accordance with the provisions of section one
    13  thousand ninety-one of this act, provided that:
    14    (i) the respondent was either discharged from foster care on or  after
    15  attaining the age of eighteen due to a failure to consent to the contin-
    16  uation  of  placement  or  was  discharged  from foster care on or after
    17  attaining the age of sixteen but who is or  is  likely  to  be  homeless
    18  unless returned to foster care; and
    19    (ii)  where  the  respondent had been previously placed or transferred
    20  into placement with a local social services district  pursuant  to  this
    21  section  or  section 353.3 or 355.1 of this part, the motion may be made
    22  by a social services official; or where the respondent had  been  previ-
    23  ously placed with the state office of children and family services for a
    24  non-secure  or  limited secure level of care pursuant to this section or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10898-02-9

        A. 7941                             2

     1  section 353.3 or 355.1 of this part where the placement was  made  in  a
     2  county  that  does  not  have  an  approved "close to home" program, the
     3  motion may be made by an official of the state office  of  children  and
     4  family services.
     5    §  2.  Subdivision  (g)  of  section 756-a of the family court act, as
     6  amended by section 4-a of part K of chapter 56 of the laws of  2019,  is
     7  amended to read as follows:
     8    (g)  Successive  extensions  of  placement  under  this section may be
     9  granted, only as authorized in this section, provided, however no place-
    10  ment may be made or continued beyond  the  child's  eighteenth  birthday
    11  without  his or her consent and in no event past his or her twenty-first
    12  birthday. A child who was previously placed with a local social services
    13  district pursuant to section seven hundred fifty-six of  this  part  and
    14  who  was  discharged  from  foster care on or after attaining the age of
    15  eighteen due to a failure to consent to continuation of placement or was
    16  discharged from foster care on or after attaining the age of sixteen but
    17  who is or is likely to be homeless unless returned to  foster  care  may
    18  move,  or,  with his or her consent, may be the subject of a motion by a
    19  social services official to reenter foster care in accordance  with  the
    20  provisions of section one thousand ninety-one of this act.
    21    §  3.  Section 1088 of the family court act, as amended by chapter 605
    22  of the laws of 2011, is amended to read as follows:
    23    § 1088. Continuing court jurisdiction. (a) If a child is placed pursu-
    24  ant to section three hundred fifty-eight-a, three  hundred  eighty-four,
    25  or  three  hundred eighty-four-a of the social services law, or pursuant
    26  to section one thousand seventeen, one thousand twenty-two, one thousand
    27  twenty-seven, one thousand  fifty-two,  one  thousand  eighty-nine,  one
    28  thousand  ninety-one,  one  thousand ninety-four or one thousand ninety-
    29  five of this act, or directly placed with a relative pursuant to section
    30  one thousand seventeen or one thousand fifty-five of this act; or if the
    31  child is freed for adoption pursuant to section six hundred thirty-seven
    32  of this act or  section  three  hundred  eighty-three-c,  three  hundred
    33  eighty-four  or  three hundred eighty-four-b of the social services law,
    34  the case shall remain on the court's calendar and the court shall  main-
    35  tain  jurisdiction  over  the  case  until  the child is discharged from
    36  placement and all orders regarding supervision, protection  or  services
    37  have expired.
    38    (b)  The  court shall rehear the matter whenever it deems necessary or
    39  desirable, or upon motion by any party entitled to notice in proceedings
    40  under this article, or by the attorney for the  child,  and  whenever  a
    41  permanency  hearing  is  required by this article. While the court main-
    42  tains jurisdiction over the case, the provisions of section one thousand
    43  thirty-eight of this act shall continue to apply.
    44    (c) The court  shall  also  maintain  jurisdiction  over  a  case  for
    45  purposes of hearing a motion to permit a former foster care youth [under
    46  the age of twenty-one who was discharged from foster care due to a fail-
    47  ure  to consent to continuation of placement], as defined in subdivision
    48  (a) of section one thousand ninety-one of this act,  to  return  to  the
    49  custody  of  the [local commissioner of] social services [or other offi-
    50  cer, board or department authorized to receive children as public charg-
    51  es] district from which the youth was most recently discharged,  or,  in
    52  the case of a child freed for adoption, the authorized agency into whose
    53  custody and guardianship the child has been placed.
    54    §  4. Section 1091 of the family court act, as added by chapter 342 of
    55  the laws of 2010, is amended to read as follows:

        A. 7941                             3

     1    § 1091. Motion to return to foster care placement.   (a) For  purposes
     2  of  this  article, "former foster care youth" shall mean a youth who has
     3  attained the age of eighteen but is under the age of twenty-one and  who
     4  had been:
     5    (1) discharged from foster care on or after attaining the age of eigh-
     6  teen  due  to  a  failure  to  consent to continuation in foster care or
     7  discharged from foster care on or after attaining the age of sixteen but
     8  who is or is likely to be homeless unless returned to foster care; and
     9    (2)(i) placed in foster care with a  local  social  services  district
    10  pursuant  to  article  three,  seven, ten, ten-A or ten-C of this act or
    11  section three hundred fifty-eight-a of the social services law; or
    12    (ii) freed for adoption in accordance with section six  hundred  thir-
    13  ty-seven  of  this  act  or  section three hundred eighty-three-c, three
    14  hundred  eighty-four  or  three  hundred  eighty-four-b  of  the  social
    15  services law but has not yet been adopted; or
    16    (iii) the subject of a motion to restore parental rights that had been
    17  conditionally  granted pursuant to paragraph (iii) of subdivision (b) of
    18  section six hundred thirty-seven of this act; or
    19    (iv) placed with the office of children  and  family  services  for  a
    20  non-secure  or  limited  secure level of care pursuant to section 353.3,
    21  355.1 or 355.3 of this act where the placement was made in a county that
    22  does not have an approved "close to home" program.
    23    (b) A motion to return a former foster care youth [under  the  age  of
    24  twenty-one,  who  was  discharged  from  foster care due to a failure to
    25  consent to continuation of placement,] to  the  custody  of  the  [local
    26  commissioner  of] social services [or other officer, board or department
    27  authorized to receive children as public charges]  district  from  which
    28  the  youth  was  most  recently  discharged,  or, in the case of a youth
    29  placed with the office of children and  family  services  in  accordance
    30  with  subparagraph  (iv)  of  paragraph  two  of subdivision (a) of this
    31  section, the commissioner of the office of children and family services,
    32  or, in the case of a child  freed  for  adoption,  the  social  services
    33  district  or  authorized  agency into whose custody and guardianship the
    34  child has been placed, may be made by such former foster care youth,  or
    35  by  [a]  the applicable official of the local social services [official]
    36  district, authorized  agency  or  the  office  of  children  and  family
    37  services  upon the consent of such former foster care youth, if there is
    38  a compelling reason for such former  foster  care  youth  to  return  to
    39  foster care[; provided however, that the].
    40    (c)  (1)  With  respect to a former foster care youth discharged on or
    41  after his or her eighteenth birthday, the court shall  not  entertain  a
    42  motion  filed  after twenty-four months from the date of the first final
    43  discharge that occurred on or after the former foster care youth's eigh-
    44  teenth birthday.
    45    (2) With respect to a former foster care youth discharged prior to his
    46  or her eighteenth birthday, the court shall not entertain a motion filed
    47  after his or her twentieth birthday.
    48    [(a)] (d) A motion made pursuant to this [section] article by [a]  the
    49  applicable  official  of  the local social services [official] district,
    50  authorized agency or the office of children and family services shall be
    51  made by order to show cause. Such motion  shall  show  by  affidavit  or
    52  other evidence that:
    53    (1)  the  former  foster  care  youth has no reasonable alternative to
    54  foster care;
    55    (2) the former foster care youth consents to enrollment in and attend-
    56  ance  at  an  appropriate  educational  or  vocational  program,  unless

        A. 7941                             4

     1  evidence  is submitted that such enrollment or attendance is unnecessary
     2  or inappropriate, given the particular circumstances of the youth;
     3    (3)  re-entry  into foster care is in the best interests of the former
     4  foster care youth; [and]
     5    (4) the former foster care youth consents to the re-entry into  foster
     6  care; and
     7    (5)  in  the case of a former foster youth discharged from foster care
     8  on or after attaining the age of sixteen, the youth is or is  likely  to
     9  be homeless unless returned to foster care.
    10    [(b)] (e) A motion made pursuant to this [section] article by a former
    11  foster  care youth shall be made by order to show cause [or] on ten days
    12  notice to the applicable official of the local  social  services  [offi-
    13  cial]  district,  authorized agency or the office of children and family
    14  services.  Such motion shall show by affidavit or other evidence that:
    15    (1) the requirements outlined in paragraphs one, two and three and, if
    16  applicable, paragraph five of subdivision [(a)] (d) of this section  are
    17  met; and
    18    (2) (i) the applicable official of the local social services district,
    19  authorized agency or the office of children and family services consents
    20  to the re-entry of such former foster care youth, or [if]
    21    (ii)  the  applicable  official of the local social services district,
    22  authorized agency or the office of children and family services  refuses
    23  to  consent  to the re-entry of such former foster care youth and [that]
    24  such refusal is unreasonable.
    25    [(c)] (f) (1) If at any time  during  the  pendency  of  a  proceeding
    26  brought pursuant to this [section] article, the court finds a compelling
    27  reason  that it is in the best interests of the former foster care youth
    28  to be returned immediately  to  the  custody  of  the  applicable  local
    29  commissioner  of  social services or [other officer, board or department
    30  authorized to receive children as public charges] official of the appli-
    31  cable authorized agency or the office of children and  family  services,
    32  pending  a final decision on the motion, the court may issue a temporary
    33  order returning the youth to the custody of [the] such local commission-
    34  er of social services or other [officer, board or department  authorized
    35  to receive children as public charges] official.
    36    (2)  Where  the  applicable  official  of  the  local  social services
    37  district, authorized  agency  or  the  office  of  children  and  family
    38  services  has refused to consent to the re-entry of a former foster care
    39  youth, and where it is alleged pursuant to subparagraph  (ii)  of  para-
    40  graph  two  of  subdivision [(b)] (e) of this section, that such refusal
    41  [by such social services district]  is  unreasonable,  the  court  shall
    42  grant a motion made pursuant to subdivision [(b)] (e) of this section if
    43  the  court  finds  and  states in writing that the refusal [by the local
    44  social  services  district]  is  unreasonable.  For  purposes  of   this
    45  [section]  article, a court shall find that a refusal [by a local social
    46  services district] to allow a former foster care youth to re-enter  care
    47  is unreasonable if:
    48    (i) the youth has no reasonable alternative to foster care;
    49    (ii)  the  youth consents to enrollment in and attendance at an appro-
    50  priate educational or vocational  program,  unless  the  court  finds  a
    51  compelling  reason  that such enrollment or attendance is unnecessary or
    52  inappropriate, given the particular circumstances of the youth; and
    53    (iii) re-entry into foster care is in the best interests of the former
    54  foster care youth.
    55    (3) Upon making a determination on a motion  filed  pursuant  to  this
    56  [section]  article,  where a motion has previously been granted pursuant

        A. 7941                             5

     1  to this [section]  article,  in  addition  to  the  applicable  findings
     2  required  by this [section] article, the court shall grant the motion to
     3  return a former foster care youth to the custody of the applicable local
     4  commissioner  of  social services or [other officer, board or department
     5  authorized to receive children as public charges] official of the appli-
     6  cable authorized agency or the office of children and  family  services,
     7  only:
     8    (i)  upon  a finding that there is a compelling reason for such former
     9  foster care youth to return to care;
    10    (ii) if the court has not previously granted a subsequent  motion  for
    11  such  former  foster care youth to return to care pursuant to this para-
    12  graph; and
    13    (iii) upon consideration of the former foster care youth's  compliance
    14  with  previous  orders  of  the  court,  including  the youth's previous
    15  participation in an appropriate educational or  vocational  program,  if
    16  applicable.
    17    §  5.  This act shall take effect immediately, provided, however, that
    18  section two of this act shall take effect on the same date  and  in  the
    19  same manner as part K of chapter 56 of the laws of 2019, takes effect.
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