Bill Text: NY S08724 | 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 13-0)
Status: (Engrossed) 2024-06-07 - returned to senate [S08724 Detail]
Download: New_York-2023-S08724-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8724--B Cal. No. 929 IN SENATE March 4, 2024 ___________ Introduced by Sens. HOYLMAN-SIGAL, CLEARE, COONEY, FERNANDEZ, GOUNARDES, HARCKHAM, JACKSON, PARKER, RIVERA, SALAZAR, SEPULVEDA, SERRANO, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retain- ing its place in the order of third reading 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. LBD14516-08-4S. 8724--B 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 subdivision 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. In addition to any 51 other defense, it shall be an affirmative defense to a motion filed in 52 accordance with this paragraph that compliance with the court order was 53 not possible due solely to the youth's refusal to consent to continua- 54 tion of foster care placement where such refusal is documented in a 55 signed, notarized letter executed by the youth after consultation with 56 their attorney for the child.S. 8724--B 3 1 (b) (i) The court shall maintain jurisdiction over a motion described 2 in paragraph (a) of this subdivision if such motion is filed before the 3 respondent attains the age of twenty-two, or after such respondent 4 attains the age of twenty-two and upon a showing of good cause, which 5 may include, but shall not be limited to, a failure to obtain stable 6 housing. The court's jurisdiction over any such motion shall continue 7 until such motion and any related appeals are finally resolved. 8 (ii) For the purposes of this paragraph, "stable housing" shall mean 9 housing where the youth respondent shall be reasonably expected to 10 reside for at least twelve months; provided, however, that a homeless 11 shelter, temporary accommodations with family or friends, a single-room 12 occupancy hotel, or any other congregate living arrangement which houses 13 more than ten unrelated persons, or remaining in a foster care setting 14 pursuant to a local social services district policy or practice after 15 the respondent attains the age of twenty-one, shall not be considered 16 stable housing; provided, however, that discharge into a congregate 17 living arrangement licensed by the office of mental health or the office 18 for people with developmental disabilities, in accordance with a youth's 19 permanency plan or discharge plan, to receive residential services which 20 are reasonably expected to continue for at least twelve months, includ- 21 ing a congregate living arrangement which houses more than ten unrelated 22 persons, shall constitute stable housing. 23 § 5. Section 756-a of the family court act is amended by adding a new 24 subdivision (j) to read as follows: 25 (j) Where placement will end prior to a subsequent permanency hearing 26 due to the respondent's age and/or failure to consent to continuation of 27 placement, court orders made pursuant to this section shall be enforcea- 28 ble against the social services district and/or social services offi- 29 cial, as defined in section two of the social services law, and/or the 30 authorized agency, as defined by subdivision ten of section three 31 hundred seventy-one of the social services law, with whom such respond- 32 ent was placed after such respondent was discharged from care. 33 (i) The court shall maintain jurisdiction over a case for purposes of 34 hearing a motion for contempt against the agency with whom the respond- 35 ent was placed pursuant to section seven hundred fifty-three of the 36 judiciary law. Such a motion may be brought by such respondent who was 37 formerly placed pursuant to section seven hundred fifty-six of this part 38 or this section. In addition to any other defense, it shall be an 39 affirmative defense to a motion filed in accordance with this paragraph 40 that compliance with the court order was not possible due solely to the 41 youth's refusal to consent to continuation of foster care placement 42 where such refusal is documented in a signed, notarized letter executed 43 by the youth after consultation with their attorney for the child. 44 (ii) (A) The court shall maintain jurisdiction over a motion described 45 in paragraph (i) 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 (B) 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--B 4 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; provided, however, that discharge into a congregate 4 living arrangement licensed by the office of mental health or the office 5 for people with developmental disabilities, in accordance with a youth's 6 permanency plan or discharge plan, to receive residential services which 7 are reasonably expected to continue for at least twelve months, includ- 8 ing a congregate living arrangement which houses more than ten unrelated 9 persons, shall constitute stable housing. 10 § 6. Section 1015-a of the family court act, as added by chapter 760 11 of the laws of 1987, is amended to read as follows: 12 § 1015-a. Court-ordered services. In any proceeding under this arti- 13 cle, the court may order a social services official to provide or 14 arrange for the provision of services or assistance to the child and 15 [his or her] their family to facilitate the protection of the child, the 16 rehabilitation of the family and, as appropriate, the discharge of the 17 child from foster care. Such order shall not include the provision of 18 any service or assistance to the child and [his or her] their family 19 which is not authorized or required to be made available pursuant to the 20 comprehensive annual services program plan then in effect. In any order 21 issued pursuant to this section the court may require a social services 22 official to make periodic progress reports to the court on the implemen- 23 tation of such order. Nothing in such order shall preclude any party 24 from exercising its rights under this article or any other provision of 25 law relating to the return of the care and custody of the child by a 26 social services official to the parent, parents or guardian. Violation 27 of such order shall be subject to punishment pursuant to section seven 28 hundred fifty-three of the judiciary law. Such order relating to 29 services for a child placed in foster care shall be enforceable after 30 such child is discharged from foster care pursuant to subdivision (d) of 31 section one thousand eighty-eight of this act. 32 § 7. Section 1088 of the family court act is amended by adding a new 33 subdivision (d) to read as follows: 34 (d) (i) Subject to the provisions of paragraph (ii) of this subdivi- 35 sion, the court shall also maintain jurisdiction over a case for 36 purposes of hearing a motion brought by a former foster care youth, as 37 defined in article ten-B of this act, or by a young adult who left 38 foster care upon or after attaining the age of twenty-one, for contempt 39 pursuant to section seven hundred fifty-three of the judiciary law, 40 against a social services district and/or social services official, as 41 defined in section two of the social services law, and/or an authorized 42 agency, as defined in subdivision ten of section three hundred seventy- 43 one of the social services law. In addition to any other defense, it 44 shall be an affirmative defense to a motion filed in accordance with 45 this paragraph that compliance with the court order was not possible due 46 solely to the youth's refusal to consent to continuation of foster care 47 placement where such refusal is documented in a signed, notarized letter 48 executed by the youth after consultation with their attorney for the 49 child. 50 (ii) (A) The court shall maintain jurisdiction over a motion described 51 in paragraph (i) of this subdivision if such motion is filed before the 52 former foster care youth or young adult attains the age of twenty-two, 53 or after the former foster care youth or young adult attains the age of 54 twenty-two and upon a showing of good cause, which may include, but 55 shall not be limited to, a failure to obtain stable housing. TheS. 8724--B 5 1 court's jurisdiction over any such motion shall continue until such 2 motion and any related appeals are finally resolved. 3 (B) For the purposes of this paragraph, "stable housing" shall mean 4 housing where the youth shall be reasonably expected to reside for at 5 least twelve months; provided, however, that a homeless shelter, tempo- 6 rary accommodations with family or friends, a single-room occupancy 7 hotel, or any other congregate living arrangement which houses more than 8 ten unrelated persons, or remaining in a foster care setting pursuant to 9 a local social services district policy or practice after the youth 10 attains the age of twenty-one, shall not be considered stable housing; 11 provided, however, that discharge into a congregate living arrangement 12 licensed by the office of mental health or the office for people with 13 developmental disabilities, in accordance with a youth's permanency plan 14 or discharge plan, to receive residential services which are reasonably 15 expected to continue for at least twelve months, including a congregate 16 living arrangement which houses more than ten unrelated persons, shall 17 constitute stable housing. 18 § 8. Subparagraph (viii) of paragraph 2 of subdivision (d) of section 19 1089 of the family court act is amended by adding a new clause (C-1) to 20 read as follows: 21 (C-1) Where placement will be ending prior to a subsequent permanency 22 hearing due to the child attaining twenty-one years of age, the court 23 may direct the social services district and/or the social services offi- 24 cial, as defined by section two of the social services law, and/or an 25 authorized agency, as defined by subdivision ten of section three 26 hundred seventy-one of the social services law, to provide assistance or 27 services to such child and such orders shall be enforceable after such 28 child is discharged from foster care pursuant to subdivision (d) of 29 section one thousand eighty-eight of this article. 30 § 9. Subdivision (a) of section 1090 of the family court act, as 31 amended by chapter 605 of the laws of 2011, is amended to read as 32 follows: 33 (a) If an attorney for the child has been appointed by the family 34 court in a proceeding pursuant to this article or section three hundred 35 fifty-eight-a, three hundred eighty-three-c, three hundred eighty-four, 36 or three hundred eighty-four-b of the social services law, or article 37 ten, ten-B or ten-C of this act, the appointment of the attorney for the 38 child shall continue without further court order or appointment, unless 39 another appointment of an attorney for the child has been made by the 40 court, until the child is discharged from placement and all orders 41 regarding supervision, protection or services have expired. The attorney 42 for the child shall also represent the child without further order or 43 appointment in any proceedings under article ten-B or ten-C of this act. 44 The attorney for the child shall also represent the child without 45 further order or appointment in any proceeding brought by a youth who 46 was formerly in foster care to enforce orders that were made prior to 47 such child's discharge from care when such child was between the ages of 48 eighteen and twenty-one. All notices, reports and motions required by 49 law shall be provided to such attorney. The attorney for the child may 50 be relieved of [his or her] their representation upon application to the 51 court for termination of the appointment. Upon approval of the applica- 52 tion, the court shall immediately appoint another attorney to whom all 53 notices, reports, and motions required by law shall be provided. 54 § 10. Subdivision 2-a of section 358-a of the social services law is 55 amended by adding a new paragraph (c) to read as follows:S. 8724--B 6 1 (c) (i) Subject to the provisions of subparagraph (ii) of this para- 2 graph, the court shall also maintain jurisdiction over a case for the 3 purposes of hearing and deciding a motion brought by a former foster 4 care youth, as defined in article ten-B of the family court act, or by a 5 young adult who left foster care upon or after attaining the age of 6 twenty-one, for contempt pursuant to section seven hundred fifty-three 7 of the judiciary law against a social services district and/or social 8 services official, as defined by section two of this chapter, and/or an 9 authorized agency, as defined by subdivision ten of section three 10 hundred seventy-one of this chapter. In addition to any other defense, 11 it shall be an affirmative defense to a motion filed in accordance with 12 this paragraph that compliance with the court order was not possible due 13 solely to the youth's refusal to consent to continuation of foster care 14 placement where such refusal is documented in a signed, notarized letter 15 executed by the youth after consultation with their attorney for the 16 child. 17 (ii) (A) The court shall maintain jurisdiction over a motion described 18 in subparagraph (i) of this paragraph if such motion is filed before the 19 former foster care youth or young adult attains the age of twenty-two, 20 or after the former foster care youth or young adult attains the age of 21 twenty-two and upon a showing of good cause, which may include, but 22 shall not be limited to, a failure to obtain stable housing. The 23 court's jurisdiction over any such motion shall continue until such 24 motion and any related appeals are finally resolved. 25 (B) For the purposes of this paragraph, "stable housing" shall mean 26 housing where the youth respondent shall be reasonably expected to 27 reside for at least twelve months; provided, however, that a homeless 28 shelter, temporary accommodations with family or friends, a single-room 29 occupancy hotel, or any other congregate living arrangement which houses 30 more than ten unrelated persons, or remaining in a foster care setting 31 pursuant to a local social services district policy or practice after 32 the youth attains the age of twenty-one, shall not be considered stable 33 housing; provided, however, that discharge into a congregate living 34 arrangement licensed by the office of mental health or the office for 35 people with developmental disabilities, in accordance with a youth's 36 permanency plan or discharge plan, to receive residential services which 37 are reasonably expected to continue for at least twelve months, includ- 38 ing a congregate living arrangement which houses more than ten unrelated 39 persons, shall constitute stable housing. 40 § 11. This act shall take effect on the thirtieth day after it shall 41 have become a law.
