Bill Text: NY S02075 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to placement of former foster care youth during a certain state of emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-02-09 - SUBSTITUTED BY A1255 [S02075 Detail]
Download: New_York-2021-S02075-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2075 2021-2022 Regular Sessions IN SENATE January 19, 2021 ___________ Introduced by Sen. BRISPORT -- 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 a chapter of the laws of 2020 amending the family court act, relating to the placement of a former foster care youth during a certain state of emergency, as proposed in legislative bills numbers S.8834 and A.10581-B, in relation to place- ment without a motion and motions being heard and determined on an expedited basis and in relation to the effectiveness thereof 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 a chapter of the laws of 2020 amending the family court act, 3 relating to the placement of a former foster care youth during a certain 4 state of emergency, as proposed in legislative bills numbers S.8834 and 5 A.10581-B, is amended to read as follows: 6 (e) (i) No placement may be made or continued under this section 7 beyond the child's eighteenth birthday without his or her consent and in 8 no event past his or her twenty-first birthday. However, a former foster 9 care youth under the age of twenty-one who was previously discharged 10 from foster care due to a failure to consent to continuation of place- 11 ment may make a motion pursuant to section one thousand ninety-one of 12 this act to return to the custody of the local commissioner of social 13 services or other officer, board or department authorized to receive 14 children as public charges. In such motion, the youth must consent to 15 enrollment in and attendance at a vocational or educational program in 16 accordance with paragraph two of subdivision (a) of section one thousand 17 ninety-one of this act. 18 (ii) Provided, however, that during the state of emergency declared 19 pursuant to Executive Order 202 of 2020, or any extension or subsequent 20 executive order issued in response to the novel coronavirus (COVID-19) 21 pandemic[, a]: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07142-01-1S. 2075 2 1 (A) A former foster care youth under the age of twenty-one who was 2 previously discharged from foster care due to a failure to consent to 3 continuation of placement pursuant to section one thousand ninety-one of 4 this act may: 5 (1) make a motion pursuant to section one thousand ninety-one of this 6 act to return to the custody of the local commissioner of social 7 services or other officer, board or department authorized to receive 8 children as public charges which shall be heard and determined on an 9 expedited basis; or 10 (2) request to return to the custody of the local commissioner of 11 social services or other officer, board or department authorized to 12 receive children as public charges without making a motion pursuant to 13 section one thousand ninety-one of this act [and]. 14 (B) To the extent federally allowable, any requirement to enroll in 15 and attend a vocational or educational program shall be waived for the 16 duration of [the] such state of emergency[; provided further, however,17that during a]. 18 (C) During such state of emergency, the local commissioner of social 19 services or other officer, board or department authorized to receive 20 children as public charges shall be authorized to place such former 21 foster care youth requesting to return to foster care placement[; and22provided further, however, that the local commissioner of social23services or other officer, board or department authorized to receive24children as public charges] without obtaining prior court approval and 25 shall[, when determining whether to return such former foster care youth26to foster care placement, take into consideration the factors the court27would take into consideration upon making such a determination to return28a child to foster care placement pursuant to section one thousand nine-29ty-one of this act] grant that request upon a determination that the 30 youth has met the requirements of subdivision (a) of section one thou- 31 sand ninety-one of this act. Upon placement of a former foster care 32 youth pursuant to this paragraph, the agency shall file a motion for 33 judicial approval of the placement pursuant to section one thousand 34 ninety-one of this act and to schedule the next permanency hearing. 35 (D) To the extent a former foster care youth is denied the request to 36 return to the custody of the local commissioner of social services, or 37 other board or department authorized to receive children as public 38 charges pursuant to this paragraph, [the] nothing in this paragraph 39 shall preclude such youth [shall still have the opportunity to file] 40 from subsequently filing a motion as authorized pursuant to section one 41 thousand ninety-one of this act, and the family court shall hear and 42 determine such motion on an expedited basis. 43 § 2. The opening paragraph of section 1091 of the family court act, as 44 amended by a chapter of the laws of 2020 amending the family court act, 45 relating to the placement of a former foster care youth during a certain 46 state of emergency, as proposed in legislative bills numbers S.8834 and 47 A.10581-B, is amended to read as follows: 48 A motion to return a former foster care youth under the age of twen- 49 ty-one, who was discharged from foster care due to a failure to consent 50 to continuation of placement, to the custody of the local commissioner 51 of social services or other officer, board or department authorized to 52 receive children as public charges, may be made by such former foster 53 care youth, or by a local social services official upon the consent of 54 such former foster care youth, if there is a compelling reason for such 55 former foster care youth to return to foster care; provided however, 56 that the court shall not entertain a motion filed after twenty-fourS. 2075 3 1 months from the date of the first final discharge that occurred on or 2 after the former foster care youth's eighteenth birthday; provided 3 further, however, that during the state of emergency declared pursuant 4 to Executive Order 202 of 2020 or any extension or subsequent executive 5 order issued in response to the novel coronavirus (COVID-19) pandemic, 6 such motion shall be heard and determined on an expedited basis; 7 provided further, a former foster care youth shall be entitled to return 8 to the custody of the local commissioner of social services or other 9 officer, board or department authorized to receive children as public 10 charges without making a motion pursuant to this section and, to the 11 extent federally allowable, any requirement to enroll in and attend an 12 educational or vocational program shall be waived for the duration of 13 [the] such state of emergency. Subsequent to a former foster youth's 14 return to placement without making a motion, as authorized under this 15 section during the state of emergency declared pursuant to Executive 16 Order 202 of 2020 or any extension or subsequent executive order issued 17 in response to the novel coronavirus (COVID-19) pandemic, nothing herein 18 shall prohibit the local social services district from filing a motion 19 for requisite findings needed to subsequently claim reimbursement under 20 Title IV-E of the federal social security act to support the youth's 21 care, and the family court shall hear and determine such motions on an 22 expedited basis. 23 § 3. Section 3 of a chapter of the laws of 2020 amending the family 24 court act, relating to the placement of a former foster care youth 25 during a certain state of emergency, as proposed in legislative bills 26 numbers S.8834 and A.10581-B, is amended to read as follows: 27 § 3. This act shall take effect immediately and shall expire on the 28 same date and in the same manner as the state of emergency declared 29 pursuant to executive order 202 of 2020 or any extension or subsequent 30 executive order issued in response to the novel coronavirus (COVID-19) 31 pandemic when upon such date the provisions of this act shall be deemed 32 repealed; provided, however, that: 33 a. any request by a former foster care youth under the age of twenty- 34 one who was previously discharged from foster care due to a failure to 35 consent to continuation of placement pursuant to section 1091 of the 36 family court act to return to the custody of the local commissioner of 37 social services or other officer, board or department authorized to 38 receive children as public charges that has been received but not final- 39 ly decided by such date shall be determined in accordance with the 40 provisions of this act; and 41 b. effective immediately, the office of children and family services 42 and the office of court administration are hereby authorized to promul- 43 gate such rules and regulations as may be necessary to implement the 44 provisions of this act on an emergency basis. 45 § 4. This act shall take effect on the same date and in the same 46 manner as a chapter of the laws of 2020 amending the family court act, 47 relating to the placement of a former foster care youth during a certain 48 state of emergency, as proposed in legislative bills numbers S.8834 and 49 A.10581-B, takes effect.
