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S08834 Summary:

S08834 Actions:

S08834 Committee Votes:

S08834 Floor Votes:

S08834 Text:

 
                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.
                                                                   LBD16556-13-0
        S. 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.