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A10581 Summary:

BILL NOA10581B
 
SAME ASSAME AS S08834
 
SPONSORRules (Wright)
 
COSPNSR
 
MLTSPNSR
 
Amd 1055 & 1091, Fam Ct Act
 
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.
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A10581 Actions:

BILL NOA10581B
 
06/04/2020referred to children and families
07/10/2020amend (t) and recommit to children and families
07/10/2020print number 10581a
07/13/2020reported referred to ways and means
07/17/2020reported referred to rules
07/20/2020amend and recommit to rules 10581b
07/22/2020reported
07/22/2020rules report cal.295
07/22/2020ordered to third reading rules cal.295
07/23/2020substituted by s8834
 S08834 AMEND= MONTGOMERY
 07/20/2020REFERRED TO RULES
 07/23/2020ORDERED TO THIRD READING CAL.1032
 07/23/2020PASSED SENATE
 07/23/2020DELIVERED TO ASSEMBLY
 07/23/2020referred to ways and means
 07/23/2020substituted for a10581b
 07/23/2020ordered to third reading rules cal.295
 07/23/2020passed assembly
 07/23/2020returned to senate
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A10581 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10581b
 
SPONSOR: Rules (Wright)
  TITLE OF BILL: 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   PURPOSE: To allow a former foster care youth who has been discharged from the foster care system the ability to re-enter without submitting a motion to the family court during a certain state of emergency.   SUMMARY OF PROVISIONS: Section 1 amends section 1055(e) of the Family Court Act to allow a former foster care youth to re-enter the foster care system without having to file a motion with the family court during the state of emer- gency declared pursuant to executive order 202 of 2020 in response to the novel coronavirus (COVID-19) pandemic. The commissioner of the local social services department would be required to consider the same factors that the court is required to consider when determining the appropriateness of the former foster care youth reentering the foster care system. Any requirement to enroll in vocational or education program when a former foster care youth reenters the system would be required to be waived during the time of the state of emergency. This section would also clarify that to the extent a former foster care youth is denied the request to return to the custody of the local commissioner of social services, or other board or department authorized to receive children as public charges, that the youth would still have the opportu- nity to file a motion as authorized pursuant to section 1091 of the family court act. Section 2 amends section 1091 of the Family Court Act to require that during the state of emergency declared pursuant to executive order 202 of 2020 in response to the novel coronavirus (COVID-19) pandemic that former foster care youth can re-enter the foster care system without making a motion to the court, and that any requirement to enroll and attend an educational or vocational program will be waived for the dura- tion of the state of emergency. This section would also clarify, subse- quent to former foster youth's return to placement without making a motion, as authorized under this section during the COVID-19 state of emergency, that nothing in this section would prohibit a local social service district from filing a motion for requisite findings needed to claim reimbursement under Title IV-E of the Federal Social Security Act to support the youth's care, and the family court shall hear and deter- mine such motions.   EXISTING LAW: N/A   JUSTIFICATION: Under existing law, young adults can return to foster care when they have no alternative and agree to participate in a vocational or educa- tional program, upon the approval of the Family Court. Because access to court can be severely restricted in the event of a state of emergency, requests for assistance by youth between ages 18 and 21 should be auto- matically granted by the local social services districts. Requirements for participation in vocational and educational programs should be temporarily waived so as not to serve as a barrier to re-entry during the crisis.   LEGISLATIVE HISTORY: This is new legislation.   FISCAL IMPLICATIONS: TBD   LOCAL FISCAL IMPLICATIONS: TBD   EFFECTIVE DATE: Immediately.
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A10581 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10581--B
 
                   IN ASSEMBLY
 
                                      June 4, 2020
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Wright) --
          read once and referred to the Committee on Children  and  Families  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- reported and referred to the  Commit-
          tee  on Rules -- committee discharged, bill amended, ordered reprinted
          as amended and recommitted to said committee

        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16556-11-0

        A. 10581--B                         2
 
     1  officer,  board  or  department authorized to receive children as public
     2  charges shall be authorized to  place  such  former  foster  care  youth
     3  requesting  to  return  to  foster care placement; and provided further,
     4  however,  that  the local commissioner of social services or other offi-
     5  cer, board or department authorized to receive children as public charg-
     6  es shall, when determining whether to return  such  former  foster  care
     7  youth  to foster care placement, take into consideration the factors the
     8  court would take into consideration upon making such a determination  to
     9  return a child to foster care placement pursuant to section one thousand
    10  ninety-one  of  this  act.   To the extent a former foster care youth is
    11  denied the request to return to the custody of the local commissioner of
    12  social services, or other board  or  department  authorized  to  receive
    13  children  as  public charges pursuant to this paragraph, the youth shall
    14  still have the opportunity to file a motion as  authorized  pursuant  to
    15  section one thousand ninety-one of this act.
    16    § 2. The opening paragraph of section 1091 of the family court act, as
    17  added by chapter 342 of the laws of 2010, is amended to read as follows:
    18    A  motion  to return a former foster care youth under the age of twen-
    19  ty-one, who was discharged from foster care due to a failure to  consent
    20  to  continuation  of placement, to the custody of the local commissioner
    21  of social services or other officer, board or department  authorized  to
    22  receive  children  as  public charges, may be made by such former foster
    23  care youth, or by a local social services official upon the  consent  of
    24  such  former foster care youth, if there is a compelling reason for such
    25  former foster care youth to return to  foster  care;  provided  however,
    26  that  the  court  shall  not  entertain a motion filed after twenty-four
    27  months from the date of the first final discharge that  occurred  on  or
    28  after  the  former  foster  care  youth's  eighteenth birthday; provided
    29  further, however, that during the state of emergency  declared  pursuant
    30  to  Executive  Order  202  of  2020 in response to the novel coronavirus
    31  (COVID-19) pandemic, a former foster care youth  shall  be  entitled  to
    32  return  to  the  custody of the local commissioner of social services or
    33  other officer, board or department authorized  to  receive  children  as
    34  public  charges without making a motion pursuant to this section and any
    35  requirement to enroll and attend an educational  or  vocational  program
    36  shall  be waived for the duration of the state of emergency.  Subsequent
    37  to a former foster youth's return to placement without making a  motion,
    38  as  authorized under this section during the state of emergency declared
    39  pursuant to Executive Order 202 of 2020 in response to the novel corona-
    40  virus (COVID-19) pandemic,  nothing  herein  shall  prohibit  the  local
    41  social  services  district  from  filing a motion for requisite findings
    42  needed to claim reimbursement under Title IV-E  of  the  federal  social
    43  security  act  to  support  the youth's care, and the family court shall
    44  hear and determine such motions.
    45    § 3. This act shall take effect immediately.
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