Amd §§255, 355.5, 756-a, 1088 & 1089, Fam Ct Act; amd §358-a, Soc Serv L; amd §11, Chap of 2024 (as proposed
in S.8724-B & A.9321-B)
Modifies the safe landings for youth leaving foster care act or safe landings act to allow for the conversion of certain motions to become motions to return a respondent to foster care.
STATE OF NEW YORK
________________________________________________________________________
922
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. HEVESI -- read once and referred to the Committee
on Children and Families
AN ACT to amend the family court act and the social services law, in
relation to the "safe landings for youth leaving foster care act" or
"safe landings act"; and to amend a chapter of the laws of 2024 amend-
ing the family court act and the social services law relating to
enacting the "safe landings for youth leaving foster care act" or
"safe landings act", as proposed in legislative bills numbers S.
8724-B and A. 9321-B, in relation to the effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (b) of section 255 of the family court act, as
2 added by a chapter of the laws of 2024 amending the family court act and
3 the social services law relating to enacting the "safe landings for
4 youth leaving foster care act" or "safe landings act", as proposed in
5 legislative bills numbers S. 8724-B and A. 9321-B, is amended to read as
6 follows:
7 (b) An order of the family court or a judge thereof directing a social
8 services district and/or social services official, as defined in section
9 two of the social services law, [and/or an authorized agency, as defined
10 by subdivision ten of section three hundred seventy-one of the social
11 services law,] to perform an action for the purpose of assisting a youth
12 placed in foster care, shall remain enforceable after such youth is
13 discharged from foster care pursuant to subdivision (d) of section one
14 thousand eighty-eight of this act.
15 § 2. Paragraph (b) of subdivision 11 of section 355.5 of the family
16 court act, as added by a chapter of the laws of 2024 amending the family
17 court act and the social services law relating to enacting the "safe
18 landings for youth leaving foster care act" or "safe landings act", as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02885-01-5
A. 922 2
1 proposed in legislative bills numbers S. 8724-B and A. 9321-B, is
2 amended and a new paragraph (c) is added to read as follows:
3 (b) [(i)] The court shall maintain jurisdiction over a motion
4 described in paragraph (a) of this subdivision if such motion is filed
5 before the respondent attains the age of [twenty-two, or after such
6 respondent attains the age of twenty-two and upon a showing of good
7 cause, which may include, but shall not be limited to, a failure to
8 obtain stable housing] twenty-three. The court's jurisdiction over any
9 such motion shall continue until such motion and any related appeals are
10 finally resolved.
11 [(ii) For the purposes of this paragraph, "stable housing" shall mean
12 housing where the youth respondent shall be reasonably expected to
13 reside for at least twelve months; provided, however, that a homeless
14 shelter, temporary accommodations with family or friends, a single-room
15 occupancy hotel, or any other congregate living arrangement which houses
16 more than ten unrelated persons, or remaining in a foster care setting
17 pursuant to a local social services district policy or practice after
18 the respondent attains the age of twenty-one, shall not be considered
19 stable housing; provided, however, that discharge into a congregate
20 living arrangement licensed by the office of mental health or the office
21 for people with developmental disabilities, in accordance with a youth's
22 permanency plan or discharge plan, to receive residential services which
23 are reasonably expected to continue for at least twelve months, includ-
24 ing a congregate living arrangement which houses more than ten unrelated
25 persons, shall constitute stable housing.]
26 (c) If the respondent is eligible to return to foster care pursuant to
27 the provisions of article ten-B of this act, upon the consent of the
28 respondent, the court may convert a motion brought under this subdivi-
29 sion to a motion to return the respondent to foster care.
30 § 3. Subdivision (j) of section 756-a of the family court act, as
31 added by a chapter of the laws of 2024 amending the family court act and
32 the social services law relating to enacting the "safe landings for
33 youth leaving foster care act" or "safe landings act", as proposed in
34 legislative bills numbers S. 8724-B and A. 9321-B, is amended to read as
35 follows:
36 (j) Where placement will end prior to a subsequent permanency hearing
37 due to the respondent's age and/or failure to consent to continuation of
38 placement, court orders made pursuant to this section shall be enforcea-
39 ble against the social services district and/or social services offi-
40 cial, as defined in section two of the social services law, [and/or the
41 authorized agency, as defined by subdivision ten of section three
42 hundred seventy-one of the social services law,] with whom such respond-
43 ent was placed after such respondent was discharged from care.
44 (i) 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 such respondent who was
48 formerly placed pursuant to section seven hundred fifty-six of this part
49 or this section. In addition to any other defense, it shall be an
50 affirmative defense to a motion filed in accordance with this paragraph
51 that compliance with the court order was not possible due solely to the
52 youth's refusal to consent to continuation of foster care placement
53 where such refusal is documented in a signed, notarized letter executed
54 by the youth after consultation with their attorney for the child.
55 (ii) [(A)] The court shall maintain jurisdiction over a motion
56 described in paragraph (i) of this subdivision if such motion is filed
A. 922 3
1 before the respondent attains the age of [twenty-two, or after such
2 respondent attains the age of twenty-two and upon a showing of good
3 cause, which may include, but shall not be limited to, a failure to
4 obtain stable housing] twenty-three. The court's jurisdiction over any
5 such motion shall continue until such motion and any related appeals are
6 finally resolved.
7 [(B) For the purposes of this paragraph, "stable housing" shall mean
8 housing where the youth respondent shall be reasonably expected to
9 reside for at least twelve months; provided, however, that a homeless
10 shelter, temporary accommodations with family or friends, a single-room
11 occupancy hotel, or any other congregate living arrangement which houses
12 more than ten unrelated persons, or remaining in a foster care setting
13 pursuant to a local social services district policy or practice after
14 the respondent attains the age of twenty-one, shall not be considered
15 stable housing; provided, however, that discharge into a congregate
16 living arrangement licensed by the office of mental health or the office
17 for people with developmental disabilities, in accordance with a youth's
18 permanency plan or discharge plan, to receive residential services which
19 are reasonably expected to continue for at least twelve months, includ-
20 ing a congregate living arrangement which houses more than ten unrelated
21 persons, shall constitute stable housing.]
22 (iii) If the respondent is eligible to return to foster care pursuant
23 to the provisions of article ten-B of this act, upon the consent of the
24 respondent, the court may convert a motion brought under this subdivi-
25 sion to a motion to return the respondent to foster care.
26 § 4. Subdivision (d) of section 1088 of the family court act, as added
27 by a chapter of the laws of 2024 amending the family court act and the
28 social services law relating to enacting the "safe landings for youth
29 leaving foster care act" or "safe landings act", as proposed in legisla-
30 tive bills numbers S. 8724-B and A. 9321-B, is amended to read as
31 follows:
32 (d) (i) Subject to the provisions of paragraph (ii) of this subdivi-
33 sion, the court shall also maintain jurisdiction over a case for
34 purposes of hearing a motion brought by a former foster care youth, as
35 defined in article ten-B of this act, or by a young adult who left
36 foster care upon or after attaining the age of twenty-one, for contempt
37 pursuant to section seven hundred fifty-three of the judiciary law,
38 against a social services district and/or social services official, as
39 defined in section two of the social services law[, and/or an authorized
40 agency, as defined in subdivision ten of section three hundred seventy-
41 one of the social services law]. In addition to any other defense, it
42 shall be an affirmative defense to a motion filed in accordance with
43 this paragraph that compliance with the court order was not possible due
44 solely to the youth's refusal to consent to continuation of foster care
45 placement where such refusal is documented in a signed, notarized letter
46 executed by the youth after consultation with their attorney for the
47 child.
48 (ii) [(A)] The court shall maintain jurisdiction over a motion
49 described in paragraph (i) of this subdivision if such motion is filed
50 before the former foster care youth or young adult attains the age of
51 [twenty-two, or after the former foster care youth or young adult
52 attains the age of twenty-two and upon a showing of good cause, which
53 may include, but shall not be limited to, a failure to obtain stable
54 housing] twenty-three. The court's jurisdiction over any such motion
55 shall continue until such motion and any related appeals are finally
56 resolved.
A. 922 4
1 [(B) For the purposes of this paragraph, "stable housing" shall mean
2 housing where the youth shall be reasonably expected to reside for at
3 least twelve months; provided, however, that a homeless shelter, tempo-
4 rary accommodations with family or friends, a single-room occupancy
5 hotel, or any other congregate living arrangement which houses more than
6 ten unrelated persons, or remaining in a foster care setting pursuant to
7 a local social services district policy or practice after the youth
8 attains the age of twenty-one, shall not be considered stable housing;
9 provided, however, that discharge into a congregate living arrangement
10 licensed by the office of mental health or the office for people with
11 developmental disabilities, in accordance with a youth's permanency plan
12 or discharge plan, to receive residential services which are reasonably
13 expected to continue for at least twelve months, including a congregate
14 living arrangement which houses more than ten unrelated persons, shall
15 constitute stable housing.]
16 (iii) If the youth is eligible to return to foster care pursuant to
17 the provisions of article ten-B of this act, upon the consent of the
18 youth, the court may convert a motion brought under this subdivision to
19 a motion to return the youth to foster care.
20 § 5. Clause (C-1) of subparagraph (viii) of paragraph 2 of subdivision
21 (d) of section 1089 of the family court act, as added by a chapter of
22 the laws of 2024 amending the family court act and the social services
23 law relating to enacting the "safe landings for youth leaving foster
24 care act" or "safe landings act", as proposed in legislative bills
25 numbers S. 8724-B and A. 9321-B, is amended to read as follows:
26 (C-1) Where placement will be ending prior to a subsequent permanency
27 hearing due to the child attaining twenty-one years of age, the court
28 may direct the social services district and/or the social services offi-
29 cial, as defined by section two of the social services law, [and/or an
30 authorized agency, as defined by subdivision ten of section three
31 hundred seventy-one of the social services law,] to provide assistance
32 or services to such child and such orders shall be enforceable after
33 such child is discharged from foster care pursuant to subdivision (d) of
34 section one thousand eighty-eight of this article.
35 § 6. Paragraph (c) of subdivision 2-a of section 358-a of the social
36 services law, as added by a chapter of the laws of 2024 amending the
37 family court act and the social services law relating to enacting the
38 "safe landings for youth leaving foster care act" or "safe landings
39 act", as proposed in legislative bills numbers S. 8724-B and A. 9321-B,
40 is amended to read as follows:
41 (c) (i) Subject to the provisions of subparagraph (ii) of this para-
42 graph, the court shall also maintain jurisdiction over a case for the
43 purposes of hearing and deciding a motion brought by a former foster
44 care youth, as defined in article ten-B of the family court act, or by a
45 young adult who left foster care upon or after attaining the age of
46 twenty-one, for contempt pursuant to section seven hundred fifty-three
47 of the judiciary law against a social services district and/or social
48 services official, as defined by section two of this chapter[, and/or an
49 authorized agency, as defined by subdivision ten of section three
50 hundred seventy-one of this chapter]. In addition to any other defense,
51 it shall be an affirmative defense to a motion filed in accordance with
52 this paragraph that compliance with the court order was not possible due
53 solely to the youth's refusal to consent to continuation of foster care
54 placement where such refusal is documented in a signed, notarized letter
55 executed by the youth after consultation with their attorney for the
56 child.
A. 922 5
1 (ii) [(A)] The court shall maintain jurisdiction over a motion
2 described in subparagraph (i) of this paragraph if such motion is filed
3 before the former foster care youth or young adult attains the age of
4 [twenty-two, or after the former foster care youth or young adult
5 attains the age of twenty-two and upon a showing of good cause, which
6 may include, but shall not be limited to, a failure to obtain stable
7 housing] twenty-three. The court's jurisdiction over any such motion
8 shall continue until such motion and any related appeals are finally
9 resolved.
10 [(B) For the purposes of this paragraph, "stable housing" shall mean
11 housing where the youth respondent shall be reasonably expected to
12 reside for at least twelve months; provided, however, that a homeless
13 shelter, temporary accommodations with family or friends, a single-room
14 occupancy hotel, or any other congregate living arrangement which houses
15 more than ten unrelated persons, or remaining in a foster care setting
16 pursuant to a local social services district policy or practice after
17 the youth attains the age of twenty-one, shall not be considered stable
18 housing; provided, however, that discharge into a congregate living
19 arrangement licensed by the office of mental health or the office for
20 people with developmental disabilities, in accordance with a youth's
21 permanency plan or discharge plan, to receive residential services which
22 are reasonably expected to continue for at least twelve months, includ-
23 ing a congregate living arrangement which houses more than ten unrelated
24 persons, shall constitute stable housing.]
25 (iii) If the youth is eligible to return to foster care pursuant to
26 the provisions of article ten-B of the family court act, upon the
27 consent of the youth, the court may convert a motion brought under this
28 paragraph to a motion to return the youth to foster care.
29 § 7. Section 11 of a chapter of the laws of 2024 amending the family
30 court act and the social services law relating to enacting the "safe
31 landings for youth leaving foster care act" or "safe landings act", as
32 proposed in legislative bills numbers S. 8724-B and A. 9321-B, is
33 amended to read as follows:
34 § 11. This act shall take effect on the [thirtieth] one hundred eight-
35 ieth day after it shall have become a law and shall apply only to orders
36 issued on or after such date.
37 § 8. This act shall take effect immediately; provided however, that
38 sections one, two, three, four, five and six of this act shall take
39 effect on the same date and in the same manner as a chapter of the laws
40 of 2024 amending the family court act and the social services law relat-
41 ing to enacting the "safe landings for youth leaving foster care act" or
42 "safe landings act", as proposed in legislative bills numbers S. 8724-B
43 and A. 9321-B, takes effect.
