Bill Text: NY S08834 | 2019-2020 | General Assembly | Introduced
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 1-0)
Status: (Passed) 2020-12-15 - APPROVAL MEMO.50 [S08834 Detail]
Download: New_York-2019-S08834-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8834 IN SENATE July 20, 2020 ___________ Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the family court act, in relation to the placement of a former foster care youth during a certain 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) (i) No placement may be made or continued under this section 5 beyond the child's eighteenth birthday without his or her consent and in 6 no event past his or her twenty-first birthday. However, a former foster 7 care youth under the age of twenty-one who was previously discharged 8 from foster care due to a failure to consent to continuation of place- 9 ment may make a motion pursuant to section one thousand ninety-one of 10 this act to return to the custody of the local commissioner of social 11 services or other officer, board or department authorized to receive 12 children as public charges. In such motion, the youth must consent to 13 enrollment in and attendance at a vocational or educational program in 14 accordance with paragraph two of subdivision (a) of section one thousand 15 ninety-one of this act. (ii) Provided, however, that during the state of 16 emergency declared pursuant to Executive Order 202 of 2020 in response 17 to the novel coronavirus (COVID-19) pandemic, a former foster care youth 18 may request to return to the custody of the local commissioner of social 19 services or other officer, board or department authorized to receive 20 children as public charges without making a motion pursuant to section 21 one thousand ninety-one of this act and any requirement to enroll in and 22 attend a vocational or educational program shall be waived for the dura- 23 tion of the state of emergency; provided further, however, that during a 24 state of emergency, the local commissioner of social services or other 25 officer, board or department authorized to receive children as public 26 charges shall be authorized to place such former foster care youth 27 requesting to return to foster care placement; and provided further, 28 however, that the local commissioner of social services or other offi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16556-13-0S. 8834 2 1 cer, board or department authorized to receive children as public charg- 2 es shall, when determining whether to return such former foster care 3 youth to foster care placement, take into consideration the factors the 4 court would take into consideration upon making such a determination to 5 return a child to foster care placement pursuant to section one thousand 6 ninety-one of this act. To the extent a former foster care youth is 7 denied the request to return to the custody of the local commissioner of 8 social services, or other board or department authorized to receive 9 children as public charges pursuant to this paragraph, the youth shall 10 still have the opportunity to file a motion as authorized pursuant to 11 section one thousand ninety-one of this act. 12 § 2. The opening paragraph of section 1091 of the family court act, as 13 added by chapter 342 of the laws of 2010, is amended to read as follows: 14 A motion to return a former foster care youth under the age of twen- 15 ty-one, who was discharged from foster care due to a failure to consent 16 to continuation of placement, to the custody of the local commissioner 17 of social services or other officer, board or department authorized to 18 receive children as public charges, may be made by such former foster 19 care youth, or by a local social services official upon the consent of 20 such former foster care youth, if there is a compelling reason for such 21 former foster care youth to return to foster care; provided however, 22 that the court shall not entertain a motion filed after twenty-four 23 months from the date of the first final discharge that occurred on or 24 after the former foster care youth's eighteenth birthday; provided 25 further, however, that during the state of emergency declared pursuant 26 to Executive Order 202 of 2020 in response to the novel coronavirus 27 (COVID-19) pandemic, a former foster care youth shall be entitled to 28 return to the custody of the local commissioner of social services or 29 other officer, board or department authorized to receive children as 30 public charges without making a motion pursuant to this section and any 31 requirement to enroll and attend an educational or vocational program 32 shall be waived for the duration of the state of emergency. Subsequent 33 to a former foster youth's return to placement without making a motion, 34 as authorized under this section during the state of emergency declared 35 pursuant to Executive Order 202 of 2020 in response to the novel corona- 36 virus (COVID-19) pandemic, nothing herein shall prohibit the local 37 social services district from filing a motion for requisite findings 38 needed to claim reimbursement under Title IV-E of the federal social 39 security act to support the youth's care, and the family court shall 40 hear and determine such motions. 41 § 3. This act shall take effect immediately.
