Bill Text: NY S08724 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to enacting the "safe landings for youth leaving foster care act" or "safe landings act", which provides protections for youth transitioning out of foster care who bring certain legal proceedings.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced) 2024-03-04 - REFERRED TO CHILDREN AND FAMILIES [S08724 Detail]
Download: New_York-2023-S08724-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8724 IN SENATE March 4, 2024 ___________ Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the family court act and the social services law, in relation to enacting the "safe landings for youth leaving foster care act" or "safe landings act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "safe landings for youth leaving foster care act" or the "safe land- 3 ings act". 4 § 2. Section 249 of the family court act is amended by adding a new 5 subdivision (c) to read as follows: 6 (c) In any proceeding under subdivision eleven of section 355.5 of 7 this act, subdivision (j) of section seven hundred fifty-nine-a of this 8 act, section one thousand fifteen-a of this act, subdivision (d) of 9 section one thousand eighty-eight of this act, clause (C-1) of subpara- 10 graph (viii) of paragraph two of subdivision (d) of section one thousand 11 eighty-nine of this act, and/or paragraph (c) of subdivision two-a of 12 section three hundred fifty-eight-a of the social services law, the 13 court shall appoint an attorney to represent a youth who was formerly in 14 foster care and is seeking to enforce an order made on their behalf 15 before their twenty-first birthday while they were still in foster care, 16 if independent legal representation is not available to such youth. Such 17 representation shall continue for all further proceedings thereon, 18 including all motions and any related appeals. 19 § 3. Section 255 of the family court act, as amended by chapter 563 of 20 the laws of 1980, is amended to read as follows: 21 § 255. Cooperation of officials and organizations. (a) It is hereby 22 made the duty of, and the family court or a judge thereof may order, any 23 state, county, municipal and school district officer and employee to 24 render such assistance and cooperation as shall be within [his] their 25 legal authority, as may be required, to further the objects of this act 26 provided, however, that with respect to a school district an order made 27 pursuant to this section shall be limited to requiring the performance EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14516-01-4S. 8724 2 1 of the duties imposed upon the school district and board of education or 2 trustees thereof pursuant to sections four thousand five, forty-four 3 hundred two and forty-four hundred four of the education law, to review, 4 evaluate, recommend, and determine the appropriate special services or 5 programs necessary to meet the needs of a handicapped child, but shall 6 not require the provisions of a specific special service or program, and 7 such order shall be made only where it appears to the court or judge 8 that adequate administrative procedure to require the performance of 9 such duties is not available. It is hereby made the duty of and the 10 family court or judge thereof may order, any agency or other institution 11 to render such information, assistance and cooperation as shall be with- 12 in its legal authority concerning a child who is or shall be under its 13 care, treatment, supervision or custody as may be required to further 14 the objects of this act. The court is authorized to seek the cooperation 15 of, and may use, within its authorized appropriation therefor, the 16 services of all societies or organizations, public or private, having 17 for their object the protection or aid of children or families, includ- 18 ing family counselling services, to the end that the court may be 19 assisted in every reasonable way to give the children and families with- 20 in its jurisdiction such care, protection and assistance as will best 21 enhance their welfare. 22 (b) An order of the family court or a judge thereof directing a social 23 services district and/or social services official, as defined in section 24 two of the social services law, and/or an authorized agency, as defined 25 by subsection ten of section three hundred seventy-one of the social 26 services law, to perform an action for the purpose of assisting a youth 27 placed in foster care, shall remain enforceable after such youth is 28 discharged from foster care pursuant to subdivision (d) of section one 29 thousand eighty-eight of this act. 30 § 4. Section 355.5 of the family court act is amended by adding a new 31 subdivision 11 to read as follows: 32 11. Where placement will end prior to a subsequent permanency hearing 33 due to the respondent's age and/or failure to consent to continuation of 34 placement, court orders made pursuant to this section shall be enforcea- 35 ble against the agency with whom such respondent was placed after such 36 respondent was discharged from care. 37 (a) The court shall maintain jurisdiction over a case for purposes of 38 hearing a motion for contempt against the agency with whom the respond- 39 ent was placed pursuant to section seven hundred fifty-three of the 40 judiciary law. Such a motion may be brought by a respondent who was 41 formerly placed with a commissioner of social services or the office of 42 children and family services pursuant to section 353.3 of this part and 43 resided in a foster home or non-secure facility. 44 (b) (i) The court shall maintain jurisdiction over a motion described 45 in paragraph (a) of this subdivision if such motion is filed before the 46 respondent attains the age of twenty-two, or after such respondent 47 attains the age of twenty-two and upon a showing of good cause, which 48 may include, but shall not be limited to, a failure to obtain stable 49 housing. The court's jurisdiction over any such motion shall continue 50 until such motion and any related appeals are finally resolved. 51 (ii) For the purposes of this paragraph, "stable housing" shall mean 52 housing where the youth respondent shall be reasonably expected to 53 reside for at least twelve months; provided, however, that a homeless 54 shelter, temporary accommodations with family or friends, a single-room 55 occupancy hotel, or any other congregate living arrangement which houses 56 more than ten unrelated persons, or remaining in a foster care settingS. 8724 3 1 pursuant to a local social services district policy or practice after 2 the respondent attains the age of twenty-one, shall not be considered 3 stable housing. 4 § 5. Section 756-a of the family court act is amended by adding a new 5 subdivision (j) to read as follows: 6 (j) Where placement will end prior to a subsequent permanency hearing 7 due to the respondent's age and/or failure to consent to continuation of 8 placement, court orders made pursuant to this section shall be enforcea- 9 ble against the social services district and/or social services offi- 10 cial, as defined in section two of the social services law, and/or the 11 authorized agency, as defined by subsection ten of section three hundred 12 seventy-one of the social services law, with whom such respondent was 13 placed after such respondent was discharged from care. 14 (i) The court shall maintain jurisdiction over a case for purposes of 15 hearing a motion for contempt against the agency with whom the respond- 16 ent was placed pursuant to section seven hundred fifty-three of the 17 judiciary law. Such a motion may be brought by such respondent who was 18 formerly placed pursuant to section seven hundred fifty-six of this part 19 or this section. 20 (ii) (A) The court shall maintain jurisdiction over a motion described 21 in paragraph (i) of this subdivision if such motion is filed before the 22 respondent attains the age of twenty-two, or after such respondent 23 attains the age of twenty-two and upon a showing of good cause, which 24 may include, but shall not be limited to, a failure to obtain stable 25 housing. The court's jurisdiction over any such motion shall continue 26 until such motion and any related appeals are finally resolved. 27 (B) For the purposes of this paragraph, "stable housing" shall mean 28 housing where the youth respondent shall be reasonably expected to 29 reside for at least twelve months; provided, however, that a homeless 30 shelter, temporary accommodations with family or friends, a single-room 31 occupancy hotel, or any other congregate living arrangement which houses 32 more than ten unrelated persons, or remaining in a foster care setting 33 pursuant to a local social services district policy or practice after 34 the respondent attains the age of twenty-one, shall not be considered 35 stable housing. 36 § 6. Section 1015-a of the family court act, as added by chapter 760 37 of the laws of 1987, is amended to read as follows: 38 § 1015-a. Court-ordered services. In any proceeding under this arti- 39 cle, the court may order a social services official to provide or 40 arrange for the provision of services or assistance to the child and 41 [his or her] their family to facilitate the protection of the child, the 42 rehabilitation of the family and, as appropriate, the discharge of the 43 child from foster care. Such order shall not include the provision of 44 any service or assistance to the child and [his or her] their family 45 which is not authorized or required to be made available pursuant to the 46 comprehensive annual services program plan then in effect. In any order 47 issued pursuant to this section the court may require a social services 48 official to make periodic progress reports to the court on the implemen- 49 tation of such order. Nothing in such order shall preclude any party 50 from exercising its rights under this article or any other provision of 51 law relating to the return of the care and custody of the child by a 52 social services official to the parent, parents or guardian. Violation 53 of such order shall be subject to punishment pursuant to section seven 54 hundred fifty-three of the judiciary law. Such order relating to 55 services for a child placed in foster care shall be enforceable afterS. 8724 4 1 such child is discharged from foster care pursuant to subdivision (d) of 2 section one thousand eighty-eight of this act. 3 § 7. Section 1088 of the family court act is amended by adding a new 4 subdivision (d) to read as follows: 5 (d) (i) Subject to the provisions of paragraph (ii) of this subdivi- 6 sion, the court shall also maintain jurisdiction over a case for 7 purposes of hearing a motion brought by a former foster care youth, as 8 defined in article ten-B of this act, or by a young adult who left 9 foster care upon or after attaining the age of twenty-one, for contempt 10 pursuant to section seven hundred fifty-three of the judiciary law, 11 against a social services district and/or social services official, as 12 defined in section two of the social services law, and/or an authorized 13 agency, as defined in subdivision ten of section three hundred seventy- 14 one of the social services law. 15 (ii) (A) The court shall maintain jurisdiction over a motion described 16 in paragraph (i) of this subdivision if such motion is filed before the 17 former foster care youth or young adult attains the age of twenty-two, 18 or after the former foster care youth or young adult attains the age of 19 twenty-two and upon a showing of good cause, which may include, but 20 shall not be limited to, a failure to obtain stable housing. The 21 court's jurisdiction over any such motion shall continue until such 22 motion and any related appeals are finally resolved. 23 (B) For the purposes of this paragraph, "stable housing" shall mean 24 housing where the youth respondent shall be reasonably expected to 25 reside for at least twelve months; provided, however, that a homeless 26 shelter, temporary accommodations with family or friends, a single-room 27 occupancy hotel, or any other congregate living arrangement which houses 28 more than ten unrelated persons, or remaining in a foster care setting 29 pursuant to a local social services district policy or practice after 30 the respondent attains the age of twenty-one, shall not be considered 31 stable housing. 32 § 8. Subparagraph (viii) of paragraph 2 of subdivision (d) of section 33 1089 of the family court act is amended by adding a new clause (C-1) to 34 read as follows: 35 (C-1) Where placement will be ending prior to a subsequent permanency 36 hearing due to the child attaining twenty-one years of age, the court 37 may direct the social services district and/or the social services offi- 38 cial, as defined by section two of the social services law, and/or an 39 authorized agency, as defined by subdivision ten of section three 40 hundred seventy-one of the social services law, to provide assistance or 41 services to such child and such orders shall be enforceable after such 42 child is discharged from foster care pursuant to subdivision (d) of 43 section one thousand eighty-eight of this article. 44 § 9. Subdivision (a) of section 1090 of the family court act, as 45 amended by chapter 605 of the laws of 2011, is amended to read as 46 follows: 47 (a) If an attorney for the child has been appointed by the family 48 court in a proceeding pursuant to this article or section three hundred 49 fifty-eight-a, three hundred eighty-three-c, three hundred eighty-four, 50 or three hundred eighty-four-b of the social services law, or article 51 ten, ten-B or ten-C of this act, the appointment of the attorney for the 52 child shall continue without further court order or appointment, unless 53 another appointment of an attorney for the child has been made by the 54 court, until the child is discharged from placement and all orders 55 regarding supervision, protection or services have expired. The attorney 56 for the child shall also represent the child without further order orS. 8724 5 1 appointment in any proceedings under article ten-B or ten-C of this act. 2 The attorney for the child shall also represent the child without 3 further order or appointment in any proceeding brought by a youth who 4 was formerly in foster care to enforce orders that were made prior to 5 such child's discharge from care when such child was between the ages of 6 eighteen and twenty-one. All notices, reports and motions required by 7 law shall be provided to such attorney. The attorney for the child may 8 be relieved of [his or her] their representation upon application to the 9 court for termination of the appointment. Upon approval of the applica- 10 tion, the court shall immediately appoint another attorney to whom all 11 notices, reports, and motions required by law shall be provided. 12 § 10. Subdivision 2-a of section 358-a of the social services law is 13 amended by adding a new paragraph (c) to read as follows: 14 (c) (i) Subject to the provisions of subparagraph (ii) of this para- 15 graph, the court shall also maintain jurisdiction over a case for the 16 purposes of hearing and deciding a motion brought by a former foster 17 care youth, as defined in article ten-B of the family court act, or by a 18 young adult who left foster care upon or after attaining the age of 19 twenty-one, for contempt pursuant to section seven hundred fifty-three 20 of the judiciary law against a social services district and/or social 21 services official, as defined by section two of this chapter, and/or an 22 authorized agency, as defined by subdivision ten of section three 23 hundred seventy-one of this chapter. 24 (ii) (A) The court shall maintain jurisdiction over a motion described 25 in subparagraph (i) of this paragraph if such motion is filed before the 26 former foster care youth or young adult attains the age of twenty-two, 27 or after the former foster care youth or young adult attains the age of 28 twenty-two and upon a showing of good cause, which may include, but 29 shall not be limited to, a failure to obtain stable housing. The 30 court's jurisdiction over any such motion shall continue until such 31 motion and any related appeals are finally resolved. 32 (B) For the purposes of this paragraph, "stable housing" shall mean 33 housing where the youth respondent shall be reasonably expected to 34 reside for at least twelve months; provided, however, that a homeless 35 shelter, temporary accommodations with family or friends, a single-room 36 occupancy hotel, or any other congregate living arrangement which houses 37 more than ten unrelated persons, or remaining in a foster care setting 38 pursuant to a local social services district policy or practice after 39 the respondent attains the age of twenty-one, shall not be considered 40 stable housing. 41 § 11. This act shall take effect immediately.
