Bill Text: NY A10581 | 2019-2020 | General Assembly | Amended
Bill Title: Authorizes former foster care youth who have been discharged from foster care to return to foster care placement during the COVID-19 state of emergency without requiring such children to file a motion authorizing their return to foster care placement and places a temporary moratorium on aging out of foster care during a state of emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-12-15 - APPROVAL MEMO.50 [A10581 Detail]
Download: New_York-2019-A10581-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 10581--B IN ASSEMBLY June 4, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Wright) -- read once and referred to the Committee on Children and Families -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Commit- tee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the family court act, in relation to the placement of a former foster care youth during a certain state of emergency The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision (e) of section 1055 of the family court act, as 2 amended by chapter 342 of the laws of 2010, is amended to read as 3 follows: 4 (e) (i) No placement may be made or continued under this section 5 beyond the child's eighteenth birthday without his or her consent and in 6 no event past his or her twenty-first birthday. However, a former foster 7 care youth under the age of twenty-one who was previously discharged 8 from foster care due to a failure to consent to continuation of place- 9 ment may make a motion pursuant to section one thousand ninety-one of 10 this act to return to the custody of the local commissioner of social 11 services or other officer, board or department authorized to receive 12 children as public charges. In such motion, the youth must consent to 13 enrollment in and attendance at a vocational or educational program in 14 accordance with paragraph two of subdivision (a) of section one thousand 15 ninety-one of this act. (ii) Provided, however, that during the state of 16 emergency declared pursuant to Executive Order 202 of 2020 in response 17 to the novel coronavirus (COVID-19) pandemic, a former foster care youth 18 may request to return to the custody of the local commissioner of social 19 services or other officer, board or department authorized to receive 20 children as public charges without making a motion pursuant to section 21 one thousand ninety-one of this act and any requirement to enroll in and 22 attend a vocational or educational program shall be waived for the dura- 23 tion of the state of emergency; provided further, however, that during a 24 state of emergency, the local commissioner of social services or other EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16556-11-0A. 10581--B 2 1 officer, board or department authorized to receive children as public 2 charges shall be authorized to place such former foster care youth 3 requesting to return to foster care placement; and provided further, 4 however, that the local commissioner of social services or other offi- 5 cer, board or department authorized to receive children as public charg- 6 es shall, when determining whether to return such former foster care 7 youth to foster care placement, take into consideration the factors the 8 court would take into consideration upon making such a determination to 9 return a child to foster care placement pursuant to section one thousand 10 ninety-one of this act. To the extent a former foster care youth is 11 denied the request to return to the custody of the local commissioner of 12 social services, or other board or department authorized to receive 13 children as public charges pursuant to this paragraph, the youth shall 14 still have the opportunity to file a motion as authorized pursuant to 15 section one thousand ninety-one of this act. 16 § 2. The opening paragraph of section 1091 of the family court act, as 17 added by chapter 342 of the laws of 2010, is amended to read as follows: 18 A motion to return a former foster care youth under the age of twen- 19 ty-one, who was discharged from foster care due to a failure to consent 20 to continuation of placement, to the custody of the local commissioner 21 of social services or other officer, board or department authorized to 22 receive children as public charges, may be made by such former foster 23 care youth, or by a local social services official upon the consent of 24 such former foster care youth, if there is a compelling reason for such 25 former foster care youth to return to foster care; provided however, 26 that the court shall not entertain a motion filed after twenty-four 27 months from the date of the first final discharge that occurred on or 28 after the former foster care youth's eighteenth birthday; provided 29 further, however, that during the state of emergency declared pursuant 30 to Executive Order 202 of 2020 in response to the novel coronavirus 31 (COVID-19) pandemic, a former foster care youth shall be entitled to 32 return to the custody of the local commissioner of social services or 33 other officer, board or department authorized to receive children as 34 public charges without making a motion pursuant to this section and any 35 requirement to enroll and attend an educational or vocational program 36 shall be waived for the duration of the state of emergency. Subsequent 37 to a former foster youth's return to placement without making a motion, 38 as authorized under this section during the state of emergency declared 39 pursuant to Executive Order 202 of 2020 in response to the novel corona- 40 virus (COVID-19) pandemic, nothing herein shall prohibit the local 41 social services district from filing a motion for requisite findings 42 needed to claim reimbursement under Title IV-E of the federal social 43 security act to support the youth's care, and the family court shall 44 hear and determine such motions. 45 § 3. This act shall take effect immediately.
