Bill Text: NY S08470 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 5-0)

Status: (Introduced - Dead) 2020-07-21 - REPORTED AND COMMITTED TO RULES [S08470 Detail]

Download: New_York-2019-S08470-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8470--A

                    IN SENATE

                                      June 3, 2020
                                       ___________

        Introduced by Sens. MONTGOMERY, HOYLMAN -- read twice and ordered print-
          ed,  and when printed to be committed to the Committee on Children and
          Families -- 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
          children under the age of twenty-one during and  shortly  following  a
          state  of  emergency; and to establish a temporary moratorium on aging
          out of foster care at the age of twenty-one during and shortly follow-
          ing a 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) No placement may be made or continued under  this  section  beyond
     5  the  child's  eighteenth  birthday  without his or her consent and in no
     6  event past his or her twenty-first birthday, except pursuant to subdivi-
     7  sion (k) of this section. However, a former foster care youth under  the
     8  age  of twenty-one who was previously discharged from foster care due to
     9  a failure to consent to continuation of  placement  may  make  a  motion
    10  pursuant to section one thousand ninety-one of this act to return to the
    11  custody  of  the local commissioner of social services or other officer,
    12  board or department authorized to receive children as public charges. In
    13  such motion, the youth must consent to enrollment in and attendance at a
    14  vocational or educational program in accordance with  paragraph  two  of
    15  subdivision  (a)  of  section  one  thousand  ninety-one  of  this  act.
    16  Provided, however, that during a state of emergency and for one  hundred
    17  eighty  days  following  the  end  of  such state of emergency, a former
    18  foster care youth may request to return to  the  custody  of  the  local
    19  commissioner  of  social  services or other officer, board or department
    20  authorized to receive children as public charges without making a motion
    21  pursuant to section one thousand ninety-one of this act and any require-
    22  ment regarding participation in  a  vocational  or  educational  program
    23  shall  be  waived for the duration of the state of emergency and for one

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16556-05-0
        S. 8470--A                          2

     1  hundred eighty days following the end of such state of emergency. During
     2  state of emergency and one hundred eighty days following the end of such
     3  state of emergency, the local commissioner of social services  or  other
     4  officer,  board  or  department authorized to receive children as public
     5  charges shall grant the request of any such former foster care youth  to
     6  return to foster care placement.
     7    §  2.  Section 1055 of the family court act is amended by adding a new
     8  subdivision (k) to read as follows:
     9    (k) During a state of  emergency  and  for  one  hundred  eighty  days
    10  following  the end of such state of emergency, the local commissioner of
    11  social services or other officer,  board  or  department  authorized  to
    12  receive  children  as public charges shall not discharge a youth between
    13  the ages of eighteen and twenty-one years of age from foster care  with-
    14  out  the  express consent of the youth and the youth's attorney. A youth
    15  who has reached his or her twenty-first  birthday  in  foster  care  may
    16  remain  in  foster  care during a state of emergency and for one hundred
    17  eighty days following the end of such state of emergency.
    18    § 3. The opening paragraph of section 1091 of the family court act, as
    19  added by chapter 342 of the laws of 2010, is amended to read as follows:
    20    A motion to return a former foster care youth under the age  of  twen-
    21  ty-one,  who was discharged from foster care due to a failure to consent
    22  to continuation of placement, to the custody of the  local  commissioner
    23  of  social  services or other officer, board or department authorized to
    24  receive children as public charges, may be made by  such  former  foster
    25  care  youth,  or by a local social services official upon the consent of
    26  such former foster care youth, if there is a compelling reason for  such
    27  former  foster  care  youth  to return to foster care; provided however,
    28  that the court shall not entertain  a  motion  filed  after  twenty-four
    29  months  from  the  date of the first final discharge that occurred on or
    30  after the former  foster  care  youth's  eighteenth  birthday;  provided
    31  further,  however,  that during a state of emergency and for one hundred
    32  eighty days following the end of  such  state  of  emergency,  a  former
    33  foster  care  youth  shall  be  entitled to return to the custody of the
    34  local commissioner of social services or other officer, board or depart-
    35  ment authorized to receive children as public charges without  making  a
    36  motion  pursuant  to  this section and any requirement regarding partic-
    37  ipation in an educational or vocational program shall be waived for  the
    38  duration of the state of emergency.
    39    § 4. This act shall take effect immediately.