Requires the office of children and family services to provide luggage to youth in foster care; provides that such luggage shall be distributed to social services districts for distribution to foster care youth; requires the office of children and family services to submit an annual report to the governor and the legislature about the distribution of luggage to foster care youth.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5434
SPONSOR: Hevesi TITLE OF BILL:
An act to amend the social services law, in relation to requiring the
office of children and family services to provide luggage to youth in
foster care
TITLE OF BILL:
An act to amend the social services law, in relation to requiring the
office of children and family services to provide luggage to youth in
foster care
SUMMARY OF PROVISIONS:
Section 1 of the bill adds new section 398-f to the social services law,
requiring the provision of luggage to youth in foster care.
Section 2 sets forth the effective date.
JUSTIFICATION:
This legislation would require that the Office of Children and Family
Services (OCFS) provide luggage to youth in foster care.
Every day in New York State, a child enters the foster system carrying
everything they own in a black plastic trash bag - a stark symbol of the
dehumanizing and traumatic experience they are about to endure. For
many foster children, their possessions are more than just objects; they
are symbols of their identity, history, and worth. Relegating chil-
dren's belongings to trash bags, leaves them feeling degraded, dehuman-
ized, and traumatized. New York State foster youth deserve better; yet,
they currently have no legal guarantee of a dignified transition with
the proper luggage that every American uses for everyday travel or tran-
sitions.
In recent years, the OCFS launched the "My Bag" initiative to provide
luggage to youth in foster care. However, this program has been limited
in its reach. In 2023, there were an estimated 13,450 children in foster
care in New York State, with roughly 23,105 transitions per year. Chil-
dren in the New York State foster care system face frequent transitions,
experiencing three different placements on average during their time in
care. However, under the My Bag initiative, only 3,000 bags have been
distributed annually.
This legislation would build on the existing "My Bag" initiative, and
mandate the provision of luggage at state expense for all youth in
foster care.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
For the initial "My Bag" initiative, the average cost per bag has been
$11.95, and the annual cost has ranged from $30,908 to $64,869. For an
expansion of the program, we can conservatively estimate a cost of
approximately $15 per bag. The total annual cost will depend upon the
number of transfers requiring new luggage in a given year; assuming
conservatively that each and every one of the 13,450 children in foster
care across New York State requires new luggage in one year, this would
result in a total cost of approximately $201,750. It should be noted,
however, that not all youth in foster care will require luggage, and
that costs can be offset by donations. The overall fiscal implications
remain to be determined.
EFFECTIVE DATE:
This act shall take effect on the 120th day after it shall have become a
law.
STATE OF NEW YORK
________________________________________________________________________
5434
2025-2026 Regular Sessions
IN ASSEMBLY
February 14, 2025
___________
Introduced by M. of A. HEVESI -- read once and referred to the Committee
on Children and Families
AN ACT to amend the social services law, in relation to requiring the
office of children and family services to provide luggage to youth in
foster care
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The social services law is amended by adding a new section
2 398-f to read as follows:
3 § 398-f. Duty to provide luggage to foster children. 1. Definitions.
4 For the purposes of this section, the following terms shall have the
5 following meanings:
6 (a) "Demographic information" means race or ethnicity, gender, commu-
7 nity district, primary language, and any other category the office of
8 children and family services deems relevant.
9 (b) "Foster care agency" means the voluntary agency contracted by
10 social services districts to provide foster care.
11 (c) "Luggage" means a durable suitcase, duffel bag, backpack, or simi-
12 lar reusable container that is new or is in new-like condition, and is
13 designed to hold an individual's personal belongings and is not a
14 disposable bag, trash bag, or cardboard box.
15 2. Foster youth luggage. The office of children and family services
16 shall procure, distribute, and supply luggage to foster care youth who
17 do not have appropriate luggage of their own and who are: (a) entering
18 foster care; (b) moving from one foster care placement to another; (c)
19 exiting foster care; (d) moving to college; or (e) in any other situ-
20 ation where luggage is needed. If any foster care youth reports that
21 their luggage has been lost, stolen, or damaged, the office of children
22 and family services shall provide replacement luggage at their
23 discretion. Any luggage provided by the office of children and family
24 services may not be reclaimed or retained by the office of children and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07383-01-5
A. 5434 2
1 family services, social services districts, foster care agencies, or the
2 child's foster parent.
3 3. Partnership with social services districts. The office of children
4 and family services shall distribute new luggage to social services
5 districts based on the number of foster children in each locality. Each
6 social services district shall distribute new luggage to children within
7 the office of children and family services' care and custody or care and
8 guardianship, as well as to any voluntary agencies within their juris-
9 dictions with whom they contract for the provision of foster care
10 services.
11 4. Foster youth luggage reporting. No later than December first of
12 each year, the office of children and family services shall submit a
13 report to the governor and the legislature detailing the provision of
14 luggage to foster care youth. Such report shall include, but need not be
15 limited to, the following information:
16 (a) The total number of foster care youth given luggage, in total and
17 disaggregated by demographic information;
18 (b) To the extent there are foster care youth utilizing disposable
19 bags, trash bags, or cardboard boxes in place of luggage to transport
20 their belongings, the number of such foster care youth utilizing such
21 disposable bags, trash bags, or cardboard boxes, in total and disaggre-
22 gated by demographic information, and the reason such youth are utiliz-
23 ing such disposable bag, trash bag, or cardboard box; and
24 (c) The supply, cost, and inventory management procedures for the
25 office of children and family services' luggage supply.
26 § 2. This act shall take effect on the one hundred twentieth day after
27 it shall have become a law.
