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 43-2)
Status: (Introduced) 2024-06-07 - substituted by s8724b [A09321 Detail]
Download: New_York-2023-A09321-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 9321--B 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, TAYLOR, GIBBS, LAVINE, McDONALD, RAGA, CARROLL, GALLAHAN, BICHOTTE HERMELYN, GUNTHER, GALLAGHER, MAMDANI, PRETLOW, MEEKS, FORREST -- 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 -- 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14516-09-4A. 9321--B 2 1 representation shall continue for all further proceedings thereon, 2 including all motions and any related appeals. 3 § 3. Section 255 of the family court act, as amended by chapter 563 of 4 the laws of 1980, is amended to read as follows: 5 § 255. Cooperation of officials and organizations. (a) It is hereby 6 made the duty of, and the family court or a judge thereof may order, any 7 state, county, municipal and school district officer and employee to 8 render such assistance and cooperation as shall be within [his] their 9 legal authority, as may be required, to further the objects of this act 10 provided, however, that with respect to a school district an order made 11 pursuant to this section shall be limited to requiring the performance 12 of the duties imposed upon the school district and board of education or 13 trustees thereof pursuant to sections four thousand five, forty-four 14 hundred two and forty-four hundred four of the education law, to review, 15 evaluate, recommend, and determine the appropriate special services or 16 programs necessary to meet the needs of a handicapped child, but shall 17 not require the provisions of a specific special service or program, and 18 such order shall be made only where it appears to the court or judge 19 that adequate administrative procedure to require the performance of 20 such duties is not available. It is hereby made the duty of and the 21 family court or judge thereof may order, any agency or other institution 22 to render such information, assistance and cooperation as shall be with- 23 in its legal authority concerning a child who is or shall be under its 24 care, treatment, supervision or custody as may be required to further 25 the objects of this act. The court is authorized to seek the cooperation 26 of, and may use, within its authorized appropriation therefor, the 27 services of all societies or organizations, public or private, having 28 for their object the protection or aid of children or families, includ- 29 ing family counselling services, to the end that the court may be 30 assisted in every reasonable way to give the children and families with- 31 in its jurisdiction such care, protection and assistance as will best 32 enhance their welfare. 33 (b) An order of the family court or a judge thereof directing a social 34 services district and/or social services official, as defined in section 35 two of the social services law, and/or an authorized agency, as defined 36 by subdivision ten of section three hundred seventy-one of the social 37 services law, to perform an action for the purpose of assisting a youth 38 placed in foster care, shall remain enforceable after such youth is 39 discharged from foster care pursuant to subdivision (d) of section one 40 thousand eighty-eight of this act. 41 § 4. Section 355.5 of the family court act is amended by adding a new 42 subdivision 11 to read as follows: 43 11. Where placement will end prior to a subsequent permanency hearing 44 due to the respondent's age and/or failure to consent to continuation of 45 placement, court orders made pursuant to this section shall be enforcea- 46 ble against the agency with whom such respondent was placed after such 47 respondent was discharged from care. 48 (a) The court shall maintain jurisdiction over a case for purposes of 49 hearing a motion for contempt against the agency with whom the respond- 50 ent was placed pursuant to section seven hundred fifty-three of the 51 judiciary law. Such a motion may be brought by a respondent who was 52 formerly placed with a commissioner of social services or the office of 53 children and family services pursuant to section 353.3 of this part and 54 resided in a foster home or non-secure facility. In addition to any 55 other defense, it shall be an affirmative defense to a motion filed in 56 accordance with this paragraph that compliance with the court order wasA. 9321--B 3 1 not possible due solely to the youth's refusal to consent to continua- 2 tion of foster care placement where such refusal is documented in a 3 signed, notarized letter executed by the youth after consultation with 4 their attorney for the child. 5 (b) (i) The court shall maintain jurisdiction over a motion described 6 in paragraph (a) of this subdivision if such motion is filed before the 7 respondent attains the age of twenty-two, or after such respondent 8 attains the age of twenty-two and upon a showing of good cause, which 9 may include, but shall not be limited to, a failure to obtain stable 10 housing. The court's jurisdiction over any such motion shall continue 11 until such motion and any related appeals are finally resolved. 12 (ii) For the purposes of this paragraph, "stable housing" shall mean 13 housing where the youth respondent shall be reasonably expected to 14 reside for at least twelve months; provided, however, that a homeless 15 shelter, temporary accommodations with family or friends, a single-room 16 occupancy hotel, or any other congregate living arrangement which houses 17 more than ten unrelated persons, or remaining in a foster care setting 18 pursuant to a local social services district policy or practice after 19 the respondent attains the age of twenty-one, shall not be considered 20 stable housing; provided, however, that discharge into a congregate 21 living arrangement licensed by the office of mental health or the office 22 for people with developmental disabilities, in accordance with a youth's 23 permanency plan or discharge plan, to receive residential services which 24 are reasonably expected to continue for at least twelve months, includ- 25 ing a congregate living arrangement which houses more than ten unrelated 26 persons, shall constitute stable housing. 27 § 5. Section 756-a of the family court act is amended by adding a new 28 subdivision (j) to read as follows: 29 (j) Where placement will end prior to a subsequent permanency hearing 30 due to the respondent's age and/or failure to consent to continuation of 31 placement, court orders made pursuant to this section shall be enforcea- 32 ble against the social services district and/or social services offi- 33 cial, as defined in section two of the social services law, and/or the 34 authorized agency, as defined by subdivision ten of section three 35 hundred seventy-one of the social services law, with whom such respond- 36 ent was placed after such respondent was discharged from care. 37 (i) 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 such respondent who was 41 formerly placed pursuant to section seven hundred fifty-six of this part 42 or this section. In addition to any other defense, it shall be an 43 affirmative defense to a motion filed in accordance with this paragraph 44 that compliance with the court order was not possible due solely to the 45 youth's refusal to consent to continuation of foster care placement 46 where such refusal is documented in a signed, notarized letter executed 47 by the youth after consultation with their attorney for the child. 48 (ii) (A) The court shall maintain jurisdiction over a motion described 49 in paragraph (i) of this subdivision if such motion is filed before the 50 respondent attains the age of twenty-two, or after such respondent 51 attains the age of twenty-two and upon a showing of good cause, which 52 may include, but shall not be limited to, a failure to obtain stable 53 housing. The court's jurisdiction over any such motion shall continue 54 until such motion and any related appeals are finally resolved. 55 (B) For the purposes of this paragraph, "stable housing" shall mean 56 housing where the youth respondent shall be reasonably expected toA. 9321--B 4 1 reside for at least twelve months; provided, however, that a homeless 2 shelter, temporary accommodations with family or friends, a single-room 3 occupancy hotel, or any other congregate living arrangement which houses 4 more than ten unrelated persons, or remaining in a foster care setting 5 pursuant to a local social services district policy or practice after 6 the respondent attains the age of twenty-one, shall not be considered 7 stable housing; provided, however, that discharge into a congregate 8 living arrangement licensed by the office of mental health or the office 9 for people with developmental disabilities, in accordance with a youth's 10 permanency plan or discharge plan, to receive residential services which 11 are reasonably expected to continue for at least twelve months, includ- 12 ing a congregate living arrangement which houses more than ten unrelated 13 persons, shall constitute stable housing. 14 § 6. Section 1015-a of the family court act, as added by chapter 760 15 of the laws of 1987, is amended to read as follows: 16 § 1015-a. Court-ordered services. In any proceeding under this arti- 17 cle, the court may order a social services official to provide or 18 arrange for the provision of services or assistance to the child and 19 [his or her] their family to facilitate the protection of the child, the 20 rehabilitation of the family and, as appropriate, the discharge of the 21 child from foster care. Such order shall not include the provision of 22 any service or assistance to the child and [his or her] their family 23 which is not authorized or required to be made available pursuant to the 24 comprehensive annual services program plan then in effect. In any order 25 issued pursuant to this section the court may require a social services 26 official to make periodic progress reports to the court on the implemen- 27 tation of such order. Nothing in such order shall preclude any party 28 from exercising its rights under this article or any other provision of 29 law relating to the return of the care and custody of the child by a 30 social services official to the parent, parents or guardian. Violation 31 of such order shall be subject to punishment pursuant to section seven 32 hundred fifty-three of the judiciary law. Such order relating to 33 services for a child placed in foster care shall be enforceable after 34 such child is discharged from foster care pursuant to subdivision (d) of 35 section one thousand eighty-eight of this act. 36 § 7. Section 1088 of the family court act is amended by adding a new 37 subdivision (d) to read as follows: 38 (d) (i) Subject to the provisions of paragraph (ii) of this subdivi- 39 sion, the court shall also maintain jurisdiction over a case for 40 purposes of hearing a motion brought by a former foster care youth, as 41 defined in article ten-B of this act, or by a young adult who left 42 foster care upon or after attaining the age of twenty-one, for contempt 43 pursuant to section seven hundred fifty-three of the judiciary law, 44 against a social services district and/or social services official, as 45 defined in section two of the social services law, and/or an authorized 46 agency, as defined in subdivision ten of section three hundred seventy- 47 one of the social services law. In addition to any other defense, it 48 shall be an affirmative defense to a motion filed in accordance with 49 this paragraph that compliance with the court order was not possible due 50 solely to the youth's refusal to consent to continuation of foster care 51 placement where such refusal is documented in a signed, notarized letter 52 executed by the youth after consultation with their attorney for the 53 child. 54 (ii) (A) The court shall maintain jurisdiction over a motion described 55 in paragraph (i) of this subdivision if such motion is filed before the 56 former foster care youth or young adult attains the age of twenty-two,A. 9321--B 5 1 or after the former foster care youth or young adult attains the age of 2 twenty-two and upon a showing of good cause, which may include, but 3 shall not be limited to, a failure to obtain stable housing. The 4 court's jurisdiction over any such motion shall continue until such 5 motion and any related appeals are finally resolved. 6 (B) For the purposes of this paragraph, "stable housing" shall mean 7 housing where the youth shall be reasonably expected to reside for at 8 least twelve months; provided, however, that a homeless shelter, tempo- 9 rary accommodations with family or friends, a single-room occupancy 10 hotel, or any other congregate living arrangement which houses more than 11 ten unrelated persons, or remaining in a foster care setting pursuant to 12 a local social services district policy or practice after the youth 13 attains the age of twenty-one, shall not be considered stable housing; 14 provided, however, that discharge into a congregate living arrangement 15 licensed by the office of mental health or the office for people with 16 developmental disabilities, in accordance with a youth's permanency plan 17 or discharge plan, to receive residential services which are reasonably 18 expected to continue for at least twelve months, including a congregate 19 living arrangement which houses more than ten unrelated persons, shall 20 constitute stable housing. 21 § 8. Subparagraph (viii) of paragraph 2 of subdivision (d) of section 22 1089 of the family court act is amended by adding a new clause (C-1) to 23 read as follows: 24 (C-1) Where placement will be ending prior to a subsequent permanency 25 hearing due to the child attaining twenty-one years of age, the court 26 may direct the social services district and/or the social services offi- 27 cial, as defined by section two of the social services law, and/or an 28 authorized agency, as defined by subdivision ten of section three 29 hundred seventy-one of the social services law, to provide assistance or 30 services to such child and such orders shall be enforceable after such 31 child is discharged from foster care pursuant to subdivision (d) of 32 section one thousand eighty-eight of this article. 33 § 9. Subdivision (a) of section 1090 of the family court act, as 34 amended by chapter 605 of the laws of 2011, is amended to read as 35 follows: 36 (a) If an attorney for the child has been appointed by the family 37 court in a proceeding pursuant to this article or section three hundred 38 fifty-eight-a, three hundred eighty-three-c, three hundred eighty-four, 39 or three hundred eighty-four-b of the social services law, or article 40 ten, ten-B or ten-C of this act, the appointment of the attorney for the 41 child shall continue without further court order or appointment, unless 42 another appointment of an attorney for the child has been made by the 43 court, until the child is discharged from placement and all orders 44 regarding supervision, protection or services have expired. The attorney 45 for the child shall also represent the child without further order or 46 appointment in any proceedings under article ten-B or ten-C of this act. 47 The attorney for the child shall also represent the child without 48 further order or appointment in any proceeding brought by a youth who 49 was formerly in foster care to enforce orders that were made prior to 50 such child's discharge from care when such child was between the ages of 51 eighteen and twenty-one. All notices, reports and motions required by 52 law shall be provided to such attorney. The attorney for the child may 53 be relieved of [his or her] their representation upon application to the 54 court for termination of the appointment. Upon approval of the applica- 55 tion, the court shall immediately appoint another attorney to whom all 56 notices, reports, and motions required by law shall be provided.A. 9321--B 6 1 § 10. Subdivision 2-a of section 358-a of the social services law is 2 amended by adding a new paragraph (c) to read as follows: 3 (c) (i) Subject to the provisions of subparagraph (ii) of this para- 4 graph, the court shall also maintain jurisdiction over a case for the 5 purposes of hearing and deciding a motion brought by a former foster 6 care youth, as defined in article ten-B of the family court act, or by a 7 young adult who left foster care upon or after attaining the age of 8 twenty-one, for contempt pursuant to section seven hundred fifty-three 9 of the judiciary law against a social services district and/or social 10 services official, as defined by section two of this chapter, and/or an 11 authorized agency, as defined by subdivision ten of section three 12 hundred seventy-one of this chapter. In addition to any other defense, 13 it shall be an affirmative defense to a motion filed in accordance with 14 this paragraph that compliance with the court order was not possible due 15 solely to the youth's refusal to consent to continuation of foster care 16 placement where such refusal is documented in a signed, notarized letter 17 executed by the youth after consultation with their attorney for the 18 child. 19 (ii) (A) The court shall maintain jurisdiction over a motion described 20 in subparagraph (i) of this paragraph if such motion is filed before the 21 former foster care youth or young adult attains the age of twenty-two, 22 or after the former foster care youth or young adult attains the age of 23 twenty-two and upon a showing of good cause, which may include, but 24 shall not be limited to, a failure to obtain stable housing. The 25 court's jurisdiction over any such motion shall continue until such 26 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 youth attains the age of twenty-one, shall not be considered stable 35 housing; provided, however, that discharge into a congregate living 36 arrangement licensed by the office of mental health or the office for 37 people with developmental disabilities, in accordance with a youth's 38 permanency plan or discharge plan, to receive residential services which 39 are reasonably expected to continue for at least twelve months, includ- 40 ing a congregate living arrangement which houses more than ten unrelated 41 persons, shall constitute stable housing. 42 § 11. This act shall take effect on the thirtieth day after it shall 43 have become a law.
