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S06815 Summary:

BILL NO    S06815 

SAME AS    No same as 

SPONSOR    FELDER

COSPNSR    

MLTSPNSR   

Amd SS355.3, 756-a, 1088, 1091, 1055 & 1089, rpld S1055 sub (b) (i) sub (E),
S1089 sub (d) 2 sub (viii) cl (C), Fam Ct Act

Relates to the reentry of former foster care children into foster care.
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S06815 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         6815

                                   I N  S E N A T E

                                    March 12, 2014
                                      ___________

       Introduced by Sen. FELDER -- (at request of the Office of Court Adminis-
         tration)  --  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, in relation to reentry  of  former
         foster  children into foster care; and to repeal certain provisions of
         such law relating to making technical corrections thereto

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. Subdivision 6 of section 355.3 of the family court act, as
    2  amended by chapter 663 of the laws  of  1985,  is  amended  to  read  as
    3  follows:
    4    6. Successive extensions of placement under this section may be grant-
    5  ed,  but  no  placement may be made or continued beyond the respondent's
    6  eighteenth birthday without [the child's] HIS OR HER consent and  in  no
    7  event  past  [the child's] HIS OR HER twenty-first birthday.  A RESPOND-
    8  ENT, WHO WAS PREVIOUSLY PLACED OR  TRANSFERRED  INTO  PLACEMENT  WITH  A
    9  LOCAL SOCIAL SERVICES DISTRICT PURSUANT TO THIS SECTION OR SECTION 353.3
   10  OR  355.1  OF THIS ARTICLE AND WHO WAS DISCHARGED FROM FOSTER CARE ON OR
   11  AFTER THE DATE ON WHICH THE CHILD ATTAINED THE AGE OF EIGHTEEN DUE TO  A
   12  FAILURE  TO  CONSENT TO THE CONTINUATION OF PLACEMENT, MAY MOVE OR, WITH
   13  HIS OR HER CONSENT, MAY BE THE SUBJECT OF A MOTION BY A SOCIAL  SERVICES
   14  OFFICIAL  TO  REENTER  FOSTER  CARE IN ACCORDANCE WITH THE PROVISIONS OF
   15  SECTION ONE THOUSAND NINETY-ONE OF THIS ACT.
   16    S 2. Subdivision (f) of section 756-a of  the  family  court  act,  as
   17  added by chapter 604 of the laws of 1986, is amended to read as follows:
   18    (f)  Successive  extensions  of  placement  under  this section may be
   19  granted, but no placement may be made or continued  beyond  the  child's
   20  eighteenth  birthday without his or her consent and in no event past his
   21  or her twenty-first birthday.  A CHILD WHO WAS PREVIOUSLY PLACED WITH  A
   22  LOCAL  SOCIAL SERVICES DISTRICT PURSUANT TO SECTION SEVEN HUNDRED FIFTY-
   23  SIX OF THIS PART AND WHO WAS DISCHARGED FROM FOSTER CARE ON OR AFTER THE
   24  DATE ON WHICH HE OR SHE ATTAINED THE AGE OF EIGHTEEN DUE TO A FAILURE TO
   25  CONSENT TO CONTINUATION OF PLACEMENT  MAY  MOVE  OR,  WITH  HIS  OR  HER
   26  CONSENT, MAY BE THE SUBJECT OF A MOTION BY A SOCIAL SERVICES OFFICIAL TO

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13786-01-4
       S. 6815                             2

    1  REENTER  FOSTER  CARE  IN  ACCORDANCE WITH THE PROVISIONS OF SECTION ONE
    2  THOUSAND NINETY-ONE OF THIS ACT.
    3    S  3.  Section 1088 of the family court act, as amended by chapter 605
    4  of the laws of 2011, is amended to read as follows:
    5    S 1088. Continuing court jurisdiction. (A) If a child is placed pursu-
    6  ant to section three hundred fifty-eight-a, three  hundred  eighty-four,
    7  or  three  hundred eighty-four-a of the social services law, or pursuant
    8  to section one thousand seventeen, one thousand twenty-two, one thousand
    9  twenty-seven, one thousand  fifty-two,  one  thousand  eighty-nine,  one
   10  thousand  ninety-one,  one  thousand ninety-four or one thousand ninety-
   11  five of this act, or directly placed with a relative pursuant to section
   12  one thousand seventeen or one thousand fifty-five of this act; or if the
   13  child is freed for adoption pursuant to section SIX HUNDRED THIRTY-SEVEN
   14  OF THIS ACT OR  SECTION  three  hundred  eighty-three-c,  three  hundred
   15  eighty-four  or  three hundred eighty-four-b of the social services law,
   16  the case shall remain on the court's calendar and the court shall  main-
   17  tain  jurisdiction  over  the  case  until  the child is discharged from
   18  placement and all orders regarding supervision, protection  or  services
   19  have expired.
   20    (B)  The  court shall rehear the matter whenever it deems necessary or
   21  desirable, or upon motion by any party entitled to notice in proceedings
   22  under this article, or by the attorney for the  child,  and  whenever  a
   23  permanency  hearing  is  required by this article. While the court main-
   24  tains jurisdiction over the case, the provisions of section one thousand
   25  thirty-eight of this act shall continue to apply.
   26    (C) The court  shall  also  maintain  jurisdiction  over  a  case  for
   27  purposes of hearing a motion to permit a former foster care youth [under
   28  the age of twenty-one who was discharged from foster care due to a fail-
   29  ure  to consent to continuation of placement], AS DEFINED IN SUBDIVISION
   30  (A) OF SECTION ONE THOUSAND NINETY-ONE OF THIS ACT,  to  return  to  the
   31  custody  of  the [local commissioner of] social services [or other offi-
   32  cer, board or department authorized to receive children as public charg-
   33  es] DISTRICT FROM WHICH THE YOUTH WAS MOST RECENTLY DISCHARGED,  OR,  IN
   34  THE CASE OF A CHILD FREED FOR ADOPTION, THE AUTHORIZED AGENCY INTO WHOSE
   35  CUSTODY AND GUARDIANSHIP THE CHILD HAS BEEN PLACED.
   36    S  4. Section 1091 of the family court act, as added by chapter 342 of
   37  the laws of 2010, is amended to read as follows:
   38    S 1091. Motion to return to foster care placement. (A) FOR PURPOSES OF
   39  THIS ARTICLE, "FORMER FOSTER CARE YOUTH" SHALL MEAN A  YOUTH  UNDER  THE
   40  AGE  OF  TWENTY-ONE  WHO  WAS  DISCHARGED  FROM  FOSTER CARE ON OR AFTER
   41  ATTAINING THE AGE OF EIGHTEEN DUE TO A FAILURE TO CONSENT  TO  CONTINUA-
   42  TION  IN  FOSTER CARE AND WHO HAD BEEN: (1) PLACED IN FOSTER CARE WITH A
   43  LOCAL SOCIAL SERVICES DISTRICT PURSUANT TO ARTICLE  THREE,  SEVEN,  TEN,
   44  TEN-A OR TEN-C OF THIS ACT OR SECTION THREE HUNDRED FIFTY-EIGHT-A OF THE
   45  SOCIAL  SERVICES  LAW;  OR  (2)  FREED  FOR  ADOPTION IN ACCORDANCE WITH
   46  SECTION SIX HUNDRED THIRTY-SEVEN OF THIS ACT OR  SECTION  THREE  HUNDRED
   47  EIGHTY-THREE-C, THREE HUNDRED EIGHTY-FOUR OR THREE HUNDRED EIGHTY-FOUR-B
   48  OF  THE  SOCIAL  SERVICES  LAW  BUT HAS NOT YET BEEN ADOPTED; OR (3) THE
   49  SUBJECT OF A MOTION TO RESTORE PARENTAL  RIGHTS  THAT  HAS  BEEN  CONDI-
   50  TIONALLY  GRANTED  PURSUANT  TO  PARAGRAPH  (III)  OF SUBDIVISION (B) OF
   51  SECTION SIX HUNDRED THIRTY-SEVEN OF THIS ACT.
   52    (B) A motion to return a former foster care youth [under  the  age  of
   53  twenty-one,  who  was  discharged  from  foster care due to a failure to
   54  consent to continuation of placement,] to  the  custody  of  the  [local
   55  commissioner  of] social services [or other officer, board or department
   56  authorized to receive children as public charges]  DISTRICT  FROM  WHICH
       S. 6815                             3

    1  THE YOUTH WAS MOST RECENTLY DISCHARGED, OR, IN THE CASE OF A CHILD FREED
    2  FOR  ADOPTION,  THE  SOCIAL  SERVICES DISTRICT OR AUTHORIZED AGENCY INTO
    3  WHOSE CUSTODY AND GUARDIANSHIP THE CHILD HAS BEEN PLACED, may be made by
    4  such  former  foster  care  youth,  or by a local social services OR, IF
    5  APPLICABLE, AN AUTHORIZED AGENCY  official  upon  the  consent  of  such
    6  former  foster  care  youth,  if  there  is a compelling reason for such
    7  former foster care youth to return to foster  care[;  provided  however,
    8  that the].
    9    (C)  THE  court  shall  not entertain a motion filed after twenty-four
   10  months from the date of the first final discharge that  occurred  on  or
   11  after the former foster care youth's eighteenth birthday.
   12    [(a)]  (D)  A motion made pursuant to this [section] ARTICLE by [a] AN
   13  APPROPRIATE LOCAL social services official OR, IN THE CASE  OF  A  CHILD
   14  FREED  FOR  ADOPTION,  AN  APPROPRIATE LOCAL SOCIAL SERVICES OFFICIAL OR
   15  OFFICIAL OF THE AUTHORIZED AGENCY INTO WHOSE  CUSTODY  AND  GUARDIANSHIP
   16  THE  CHILD  HAS  BEEN PLACED, shall be made by order to show cause. Such
   17  motion shall show by affidavit or other evidence that:
   18    (1) the former foster care youth  has  no  reasonable  alternative  to
   19  foster care;
   20    (2) the former foster care youth consents to enrollment in and attend-
   21  ance  at  an  appropriate  educational  or  vocational  program,  unless
   22  evidence is submitted that such enrollment or attendance is  unnecessary
   23  or inappropriate, given the particular circumstances of the youth;
   24    (3)  re-entry  into foster care is in the best interests of the former
   25  foster care youth; and
   26    (4) the former foster care youth consents to the re-entry into  foster
   27  care.
   28    [(b)](E)  A motion made pursuant to this [section] ARTICLE by a former
   29  foster care youth shall be made by order to show cause [or] ON ten  days
   30  notice  to the social services official OR, IN THE CASE OF A CHILD FREED
   31  FOR ADOPTION, THE SOCIAL SERVICES OFFICIAL OR OFFICIAL OF THE AUTHORIZED
   32  AGENCY INTO WHOSE CUSTODY AND GUARDIANSHIP THE CHILD  HAS  BEEN  PLACED.
   33  Such motion shall show by affidavit or other evidence that:
   34    (1)  the  requirements  outlined  in  paragraphs one, two and three of
   35  subdivision [(a)] (D) of this section are met; and
   36    (2) (I) the [applicable] APPROPRIATE local social services  [district]
   37  OFFICIAL  OR,  IF APPLICABLE, OFFICIAL OF THE AUTHORIZED AGENCY consents
   38  to the re-entry of such former foster care youth, or [if]
   39    (II) the [applicable] APPROPRIATE  local  social  services  [district]
   40  OFFICIAL OR, IF APPLICABLE, OFFICIAL OF THE AUTHORIZED AGENCY refuses to
   41  consent to the re-entry of such former foster care youth and [that] such
   42  refusal is unreasonable.
   43    [(c)](F)  (1)  If  at  any  time  during  the pendency of a proceeding
   44  brought pursuant to this [section] ARTICLE, the court finds a compelling
   45  reason that it is in the best interests of the former foster care  youth
   46  to  be  returned  immediately  to  the  custody of the APPROPRIATE local
   47  commissioner of social services or [other officer, board  or  department
   48  authorized  to  receive  children  as  public charges], IN THE CASE OF A
   49  CHILD FREED FOR ADOPTION, THE APPROPRIATE LOCAL COMMISSIONER  OF  SOCIAL
   50  SERVICES  OR  AUTHORIZED  AGENCY INTO WHOSE CUSTODY AND GUARDIANSHIP THE
   51  CHILD HAS BEEN PLACED, pending a final decision on the motion, the court
   52  may issue a temporary order returning the youth to the custody of  [the]
   53  SUCH  local  commissioner of social services or [other officer, board or
   54  department authorized to receive children as public charges], IF  APPLI-
   55  CABLE, SUCH AUTHORIZED AGENCY.
       S. 6815                             4

    1    (2) Where the APPROPRIATE local social services district OR, IF APPLI-
    2  CABLE,  THE AUTHORIZED AGENCY, has refused to consent to the re-entry of
    3  a former foster care youth, and where it is alleged pursuant to SUBPARA-
    4  GRAPH (II) OF paragraph two of subdivision [(b)] (E)  of  this  section,
    5  that  such  refusal  [by such social services district] is unreasonable,
    6  the court shall grant a motion made pursuant to subdivision [(b)](E)  of
    7  this  section  if the court finds and states in writing that the refusal
    8  [by the local social services district] is unreasonable.   For  purposes
    9  of this [section] ARTICLE, a court shall find that a refusal [by a local
   10  social  services district] to allow a former foster care youth to re-en-
   11  ter care is unreasonable if:
   12    (i) the youth has no reasonable alternative to foster care;
   13    (ii) the youth consents to enrollment in and attendance at  an  appro-
   14  priate  educational  or  vocational  program,  unless  the court finds a
   15  compelling reason that such enrollment or attendance is  unnecessary  or
   16  inappropriate, given the particular circumstances of the youth; and
   17    (iii) re-entry into foster care is in the best interests of the former
   18  foster CARE youth.
   19    (3)  Upon  making  a  determination on a motion filed pursuant to this
   20  [section] ARTICLE, where a motion has previously been  granted  pursuant
   21  to  this  [section]  ARTICLE,  in  addition  to  the applicable findings
   22  required by this [section] ARTICLE, the court shall grant the motion  to
   23  return  a  former  foster  care  youth to the custody of the APPROPRIATE
   24  local commissioner of  social  services  or  [other  officer,  board  or
   25  department authorized to receive children as public charges] IF APPLICA-
   26  BLE, THE AUTHORIZED AGENCY only:
   27    (i)  upon  a finding that there is a compelling reason for such former
   28  foster care youth to return to care;
   29    (ii) if the court has not previously granted a subsequent  motion  for
   30  such  former  foster care youth to return to care pursuant to this para-
   31  graph; and
   32    (iii) upon consideration of the former foster care youth's  compliance
   33  with  previous  orders  of  the  court,  including  the youth's previous
   34  participation in an appropriate educational or  vocational  program,  if
   35  applicable.
   36    S  5.  Subparagraph (E) of paragraph (i) of subdivision (b) of section
   37  1055 of the family court act, as amended by chapter 342 of the  laws  of
   38  2010, is amended to read as follows:
   39    (E) where the permanency goal is return to the parent and it is antic-
   40  ipated  that  the  child  may be finally discharged to his or her parent
   41  before the next scheduled permanency hearing, the court may provide  the
   42  local  social  services district with authority to finally discharge the
   43  child to the parent without further court  hearing,  provided  that  ten
   44  days  prior written notice is served upon the court and the attorney for
   45  the child. If the court on its own motion or the attorney for the  child
   46  on  motion  to  the  court does not request the matter to be brought for
   47  review before final discharge, no further permanency  hearings  will  be
   48  required.  The  local  social  services  district may also discharge the
   49  child on a trial basis to the parent unless  the  court  has  prohibited
   50  such  trial  discharge  or  unless  the court has conditioned such trial
   51  discharge on another event. For the  purposes  of  this  section,  trial
   52  discharge shall mean that the child is physically returned to the parent
   53  while  the  child  remains  in  the care and custody of the local social
   54  services district. Permanency hearings shall continue to be held for any
   55  child who has returned to his or her parents on a trial discharge. Where
   56  the permanency goal for a youth aging out  of  foster  care  is  another
       S. 6815                             5

    1  planned   permanent  living  arrangement  that  includes  a  significant
    2  connection to an adult willing to  be  a  permanency  resource  for  the
    3  youth,  the  local social services district may also discharge the youth
    4  on  a  trial  basis to the planned permanent living arrangements, unless
    5  the  court  has  prohibited  or  otherwise  conditioned  such  a   trial
    6  discharge.  Trial  discharge  for a youth aging out of foster care shall
    7  mean that a youth is physically discharged but the local social services
    8  district retains care and custody or custody  and  guardianship  of  the
    9  youth  and  there  remains  a  date certain for the scheduled permanency
   10  hearing. Trial discharge for a youth aging out of  foster  care  may  be
   11  extended  at  each scheduled permanency hearing, until the child reaches
   12  the age of twenty-one, if a child over the age of eighteen  consents  to
   13  such extension. Prior to finally discharging a youth aging out of foster
   14  care  to  another planned permanent living arrangement, the local social
   15  services official shall give the youth notice of the right to  apply  to
   16  reenter  foster  care  within  the  earlier of twenty-four months of the
   17  final discharge or the youth's twenty-first birthday in accordance  with
   18  article  ten-B of this act. Such notice shall also advise the youth that
   19  reentry into foster care will only be available where the former  foster
   20  care  youth has no reasonable alternative to foster care and consents to
   21  enrollment in and attendance at an appropriate educational or vocational
   22  program in accordance with paragraph two of  subdivision  [(a)]  (D)  of
   23  section  one thousand ninety-one of this act. Children placed under this
   24  section shall be placed until the court completes the initial permanency
   25  hearing scheduled pursuant to article ten-A  of  this  act.  Should  the
   26  court  determine  pursuant  to  article ten-A of this act that placement
   27  shall be extended beyond completion of the scheduled permanency hearing,
   28  such extended placement and any such successive extensions of  placement
   29  shall expire at the completion of the next scheduled permanency hearing,
   30  unless the court shall determine, pursuant to article ten-A of this act,
   31  to continue to extend such placement.
   32    S  6.  Subdivision  (e)  of  section  1055 of the family court act, as
   33  amended by chapter 342 of the laws  of  2010,  is  amended  to  read  as
   34  follows:
   35    (e)  No  placement  may be made or continued under this section beyond
   36  the child's eighteenth birthday without his or her  consent  and  in  no
   37  event  past  his  or her twenty-first birthday. However, a former foster
   38  care youth under the age of twenty-one  who  was  previously  discharged
   39  from  foster  care due to a failure to consent to continuation of place-
   40  ment may make a motion pursuant to section one  thousand  ninety-one  of
   41  this  act  to  return to the custody of the local commissioner of social
   42  services or other officer, board or  department  authorized  to  receive
   43  children  as  public  charges. In such motion, the youth must consent to
   44  enrollment in and attendance at a vocational or educational  program  in
   45  accordance  with  paragraph  two of subdivision [(a)] (D) of section one
   46  thousand ninety-one of this act.
   47    S 7. Clause (C) of subparagraph (viii) of paragraph 2  of  subdivision
   48  (d)  of  section 1089 of the family court act, as amended by chapter 342
   49  of the laws of 2010, is amended to read as follows:
   50    (C) Where the permanency goal is return to parent  and  it  is  antic-
   51  ipated  that  the  child  may be returned home before the next scheduled
   52  permanency hearing, the court may  provide  the  local  social  services
   53  district  with  authority  to  finally discharge the child to the parent
   54  without further court hearing, provided  that  ten  days  prior  written
   55  notice is served upon the court and attorney for the child. If the court
   56  on  its  own motion or the attorney for the child on motion to the court
       S. 6815                             6

    1  does not request the matter  to  be  brought  for  review  before  final
    2  discharge,  no  further  permanency hearings will be required. The local
    3  social services district may also discharge the child on a  trial  basis
    4  to  the  parent  unless the court has prohibited such trial discharge or
    5  unless the court has conditioned such trial discharge on another  event.
    6  For  the  purposes  of this section, trial discharge shall mean that the
    7  child is physically returned to the parent while the  child  remains  in
    8  the  care and custody of the local social services district.  Permanency
    9  hearings shall continue to be held for any child who has returned to his
   10  or her parents on a trial discharge. Where the  permanency  goal  for  a
   11  youth  aging  out  of  foster  care  is another planned permanent living
   12  arrangement that includes a significant connection to an  adult  willing
   13  to  be  a  permanency  resource for the youth, the local social services
   14  district may also discharge the youth on a trial basis  to  the  planned
   15  permanent living arrangements, unless the court has prohibited or other-
   16  wise  conditioned  such  a  trial discharge. Trial discharge for a youth
   17  aging out of foster  care  shall  mean  that  the  youth  is  physically
   18  discharged  but  the  local  social  services  district retains care and
   19  custody or custody and guardianship of the child  and  there  remains  a
   20  date certain for the scheduled permanency hearing. Trial discharge for a
   21  youth aging out of foster care may be extended at each scheduled perman-
   22  ency  hearing, until the youth reaches the age of twenty-one, if a youth
   23  over the age of eighteen consents to such extension.  Prior  to  finally
   24  discharging  a  youth aging out of foster care to another planned perma-
   25  nent living arrangement, the local social services official  shall  give
   26  the youth notice of the right to apply to reenter foster care within the
   27  earlier  of  twenty-four  months  of  the final discharge or the youth's
   28  twenty-first birthday in accordance with article ten-B of this act. Such
   29  notice shall also advise the youth that reentry into  foster  care  will
   30  only  be  available where the former foster care youth has no reasonable
   31  alternative to foster care and consents to enrollment in and  attendance
   32  at  an  appropriate educational or vocational program in accordance with
   33  paragraph two of subdivision [(a)] (D) of section one  thousand  ninety-
   34  one of this act.
   35    S  8.  Subparagraph (E) of paragraph (i) of subdivision (b) of section
   36  1055 of the family court act, as amended by chapter 41 of  the  laws  of
   37  2010, is REPEALED.
   38    S  9.  Clause (C) of subparagraph (viii) of paragraph 2 of subdivision
   39  (d) of section 1089 of the family court act, as amended by chapter 41 of
   40  the laws of 2010, is REPEALED.
   41    S 10. This act shall take effect immediately.
         REPEAL NOTE: The amendments made to subparagraph (E) of paragraph  (i)
       of  subdivision  (b)  of  section 1055 and to clause (C) of subparagraph
       (viii) of paragraph 2 of subdivision (d) of section 1089 of  the  family
       court act by sections 67 and 80, respectively, by chapter 41 of the laws
       of  2010  substitute  "child's  attorney"  for "law guardian" but do not
       contain the amendments contained in chapter 342 of  the  laws  of  2010.
       Chapter 342 of the laws of 2010 uses the equivalent phrase "attorney for
       the child."
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