Bill Text: NY A09321 | 2023-2024 | General Assembly | Amended
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 35-1)
Status: (Introduced) 2024-05-14 - reported referred to ways and means [A09321 Detail]
Download: New_York-2023-A09321-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 9321--A IN ASSEMBLY February 29, 2024 ___________ Introduced by M. of A. HEVESI, CLARK, STECK, ARDILA, BURDICK, REYES, L. ROSENTHAL, EPSTEIN, TAPIA, SEAWRIGHT, KELLES, SIMONE, SIMON, GONZA- LEZ-ROJAS, O'DONNELL, BURGOS, KIM, DICKENS, DE LOS SANTOS, WALKER, PAULIN, DAVILA, DINOWITZ, BEEPHAN, STERN, BORES, BRONSON, LUNSFORD, CRUZ, SHRESTHA, LEVENBERG -- read once and referred to the Committee on Children and Families -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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-six-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: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14516-02-4A. 9321--A 2 1 § 255. Cooperation of officials and organizations. (a) It is hereby 2 made the duty of, and the family court or a judge thereof may order, any 3 state, county, municipal and school district officer and employee to 4 render such assistance and cooperation as shall be within [his] their 5 legal authority, as may be required, to further the objects of this act 6 provided, however, that with respect to a school district an order made 7 pursuant to this section shall be limited to requiring the performance 8 of the duties imposed upon the school district and board of education or 9 trustees thereof pursuant to sections four thousand five, forty-four 10 hundred two and forty-four hundred four of the education law, to review, 11 evaluate, recommend, and determine the appropriate special services or 12 programs necessary to meet the needs of a handicapped child, but shall 13 not require the provisions of a specific special service or program, and 14 such order shall be made only where it appears to the court or judge 15 that adequate administrative procedure to require the performance of 16 such duties is not available. It is hereby made the duty of and the 17 family court or judge thereof may order, any agency or other institution 18 to render such information, assistance and cooperation as shall be with- 19 in its legal authority concerning a child who is or shall be under its 20 care, treatment, supervision or custody as may be required to further 21 the objects of this act. The court is authorized to seek the cooperation 22 of, and may use, within its authorized appropriation therefor, the 23 services of all societies or organizations, public or private, having 24 for their object the protection or aid of children or families, includ- 25 ing family counselling services, to the end that the court may be 26 assisted in every reasonable way to give the children and families with- 27 in its jurisdiction such care, protection and assistance as will best 28 enhance their welfare. 29 (b) An order of the family court or a judge thereof directing a social 30 services district and/or social services official, as defined in section 31 two of the social services law, and/or an authorized agency, as defined 32 by subsection ten of section three hundred seventy-one of the social 33 services law, to perform an action for the purpose of assisting a youth 34 placed in foster care, shall remain enforceable after such youth is 35 discharged from foster care pursuant to subdivision (d) of section one 36 thousand eighty-eight of this act. 37 § 4. Section 355.5 of the family court act is amended by adding a new 38 subdivision 11 to read as follows: 39 11. Where placement will end prior to a subsequent permanency hearing 40 due to the respondent's age and/or failure to consent to continuation of 41 placement, court orders made pursuant to this section shall be enforcea- 42 ble against the agency with whom such respondent was placed after such 43 respondent was discharged from care. 44 (a) The court shall maintain jurisdiction over a case for purposes of 45 hearing a motion for contempt against the agency with whom the respond- 46 ent was placed pursuant to section seven hundred fifty-three of the 47 judiciary law. Such a motion may be brought by a respondent who was 48 formerly placed with a commissioner of social services or the office of 49 children and family services pursuant to section 353.3 of this part and 50 resided in a foster home or non-secure facility. 51 (b) (i) The court shall maintain jurisdiction over a motion described 52 in paragraph (a) of this subdivision if such motion is filed before the 53 respondent attains the age of twenty-two, or after such respondent 54 attains the age of twenty-two and upon a showing of good cause, which 55 may include, but shall not be limited to, a failure to obtain stableA. 9321--A 3 1 housing. The court's jurisdiction over any such motion shall continue 2 until such motion and any related appeals are finally resolved. 3 (ii) For the purposes of this paragraph, "stable housing" shall mean 4 housing where the youth respondent shall be reasonably expected to 5 reside for at least twelve months; provided, however, that a homeless 6 shelter, temporary accommodations with family or friends, a single-room 7 occupancy hotel, or any other congregate living arrangement which houses 8 more than ten unrelated persons, or remaining in a foster care setting 9 pursuant to a local social services district policy or practice after 10 the respondent attains the age of twenty-one, shall not be considered 11 stable housing. 12 § 5. Section 756-a of the family court act is amended by adding a new 13 subdivision (j) to read as follows: 14 (j) Where placement will end prior to a subsequent permanency hearing 15 due to the respondent's age and/or failure to consent to continuation of 16 placement, court orders made pursuant to this section shall be enforcea- 17 ble against the social services district and/or social services offi- 18 cial, as defined in section two of the social services law, and/or the 19 authorized agency, as defined by subsection ten of section three hundred 20 seventy-one of the social services law, with whom such respondent was 21 placed after such respondent was discharged from care. 22 (i) The court shall maintain jurisdiction over a case for purposes of 23 hearing a motion for contempt against the agency with whom the respond- 24 ent was placed pursuant to section seven hundred fifty-three of the 25 judiciary law. Such a motion may be brought by such respondent who was 26 formerly placed pursuant to section seven hundred fifty-six of this part 27 or this section. 28 (ii) (A) The court shall maintain jurisdiction over a motion described 29 in paragraph (i) of this subdivision if such motion is filed before the 30 respondent attains the age of twenty-two, or after such respondent 31 attains the age of twenty-two and upon a showing of good cause, which 32 may include, but shall not be limited to, a failure to obtain stable 33 housing. The court's jurisdiction over any such motion shall continue 34 until such motion and any related appeals are finally resolved. 35 (B) For the purposes of this paragraph, "stable housing" shall mean 36 housing where the youth respondent shall be reasonably expected to 37 reside for at least twelve months; provided, however, that a homeless 38 shelter, temporary accommodations with family or friends, a single-room 39 occupancy hotel, or any other congregate living arrangement which houses 40 more than ten unrelated persons, or remaining in a foster care setting 41 pursuant to a local social services district policy or practice after 42 the respondent attains the age of twenty-one, shall not be considered 43 stable housing. 44 § 6. Section 1015-a of the family court act, as added by chapter 760 45 of the laws of 1987, is amended to read as follows: 46 § 1015-a. Court-ordered services. In any proceeding under this arti- 47 cle, the court may order a social services official to provide or 48 arrange for the provision of services or assistance to the child and 49 [his or her] their family to facilitate the protection of the child, the 50 rehabilitation of the family and, as appropriate, the discharge of the 51 child from foster care. Such order shall not include the provision of 52 any service or assistance to the child and [his or her] their family 53 which is not authorized or required to be made available pursuant to the 54 comprehensive annual services program plan then in effect. In any order 55 issued pursuant to this section the court may require a social services 56 official to make periodic progress reports to the court on the implemen-A. 9321--A 4 1 tation of such order. Nothing in such order shall preclude any party 2 from exercising its rights under this article or any other provision of 3 law relating to the return of the care and custody of the child by a 4 social services official to the parent, parents or guardian. Violation 5 of such order shall be subject to punishment pursuant to section seven 6 hundred fifty-three of the judiciary law. Such order relating to 7 services for a child placed in foster care shall be enforceable after 8 such child is discharged from foster care pursuant to subdivision (d) of 9 section one thousand eighty-eight of this act. 10 § 7. Section 1088 of the family court act is amended by adding a new 11 subdivision (d) to read as follows: 12 (d) (i) Subject to the provisions of paragraph (ii) of this subdivi- 13 sion, the court shall also maintain jurisdiction over a case for 14 purposes of hearing a motion brought by a former foster care youth, as 15 defined in article ten-B of this act, or by a young adult who left 16 foster care upon or after attaining the age of twenty-one, for contempt 17 pursuant to section seven hundred fifty-three of the judiciary law, 18 against a social services district and/or social services official, as 19 defined in section two of the social services law, and/or an authorized 20 agency, as defined in subdivision ten of section three hundred seventy- 21 one of the social services law. 22 (ii) (A) The court shall maintain jurisdiction over a motion described 23 in paragraph (i) of this subdivision if such motion is filed before the 24 former foster care youth or young adult attains the age of twenty-two, 25 or after the former foster care youth or young adult attains the age of 26 twenty-two and upon a showing of good cause, which may include, but 27 shall not be limited to, a failure to obtain stable housing. The 28 court's jurisdiction over any such motion shall continue until such 29 motion and any related appeals are finally resolved. 30 (B) For the purposes of this paragraph, "stable housing" shall mean 31 housing where the youth respondent shall be reasonably expected to 32 reside for at least twelve months; provided, however, that a homeless 33 shelter, temporary accommodations with family or friends, a single-room 34 occupancy hotel, or any other congregate living arrangement which houses 35 more than ten unrelated persons, or remaining in a foster care setting 36 pursuant to a local social services district policy or practice after 37 the respondent attains the age of twenty-one, shall not be considered 38 stable housing. 39 § 8. Subparagraph (viii) of paragraph 2 of subdivision (d) of section 40 1089 of the family court act is amended by adding a new clause (C-1) to 41 read as follows: 42 (C-1) Where placement will be ending prior to a subsequent permanency 43 hearing due to the child attaining twenty-one years of age, the court 44 may direct the social services district and/or the social services offi- 45 cial, as defined by section two of the social services law, and/or an 46 authorized agency, as defined by subdivision ten of section three 47 hundred seventy-one of the social services law, to provide assistance or 48 services to such child and such orders shall be enforceable after such 49 child is discharged from foster care pursuant to subdivision (d) of 50 section one thousand eighty-eight of this article. 51 § 9. Subdivision (a) of section 1090 of the family court act, as 52 amended by chapter 605 of the laws of 2011, is amended to read as 53 follows: 54 (a) If an attorney for the child has been appointed by the family 55 court in a proceeding pursuant to this article or section three hundred 56 fifty-eight-a, three hundred eighty-three-c, three hundred eighty-four,A. 9321--A 5 1 or three hundred eighty-four-b of the social services law, or article 2 ten, ten-B or ten-C of this act, the appointment of the attorney for the 3 child shall continue without further court order or appointment, unless 4 another appointment of an attorney for the child has been made by the 5 court, until the child is discharged from placement and all orders 6 regarding supervision, protection or services have expired. The attorney 7 for the child shall also represent the child without further order or 8 appointment in any proceedings under article ten-B or ten-C of this act. 9 The attorney for the child shall also represent the child without 10 further order or appointment in any proceeding brought by a youth who 11 was formerly in foster care to enforce orders that were made prior to 12 such child's discharge from care when such child was between the ages of 13 eighteen and twenty-one. All notices, reports and motions required by 14 law shall be provided to such attorney. The attorney for the child may 15 be relieved of [his or her] their representation upon application to the 16 court for termination of the appointment. Upon approval of the applica- 17 tion, the court shall immediately appoint another attorney to whom all 18 notices, reports, and motions required by law shall be provided. 19 § 10. Subdivision 2-a of section 358-a of the social services law is 20 amended by adding a new paragraph (c) to read as follows: 21 (c) (i) Subject to the provisions of subparagraph (ii) of this para- 22 graph, the court shall also maintain jurisdiction over a case for the 23 purposes of hearing and deciding a motion brought by a former foster 24 care youth, as defined in article ten-B of the family court act, or by a 25 young adult who left foster care upon or after attaining the age of 26 twenty-one, for contempt pursuant to section seven hundred fifty-three 27 of the judiciary law against a social services district and/or social 28 services official, as defined by section two of this chapter, and/or an 29 authorized agency, as defined by subdivision ten of section three 30 hundred seventy-one of this chapter. 31 (ii) (A) The court shall maintain jurisdiction over a motion described 32 in subparagraph (i) of this paragraph if such motion is filed before the 33 former foster care youth or young adult attains the age of twenty-two, 34 or after the former foster care youth or young adult attains the age of 35 twenty-two and upon a showing of good cause, which may include, but 36 shall not be limited to, a failure to obtain stable housing. The 37 court's jurisdiction over any such motion shall continue until such 38 motion and any related appeals are finally resolved. 39 (B) For the purposes of this paragraph, "stable housing" shall mean 40 housing where the youth respondent shall be reasonably expected to 41 reside for at least twelve months; provided, however, that a homeless 42 shelter, temporary accommodations with family or friends, a single-room 43 occupancy hotel, or any other congregate living arrangement which houses 44 more than ten unrelated persons, or remaining in a foster care setting 45 pursuant to a local social services district policy or practice after 46 the respondent attains the age of twenty-one, shall not be considered 47 stable housing. 48 § 11. This act shall take effect immediately.
