NY State Senate Bill 2009-S4388

Senate Bill S4388

Signed By Governor

2009-2010 Legislative Session

Relates to trial discharges of youth in foster care and voluntary re-placements of older adolescents in foster care

download bill text pdf

Archive: Last Bill Status Via A8504 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 13, 2010	signed chap.342
Aug 03, 2010	delivered to governor
Jun 15, 2010	returned to assembly passed senate
Jun 08, 2010	3rd reading cal.710 substituted for s4388
Jun 08, 2010	substituted by a8504
Jun 07, 2010	advanced to third reading
Jun 03, 2010	2nd report cal.
Jun 02, 2010	1st report cal.710
May 11, 2010	reported and committed to codes
Jan 06, 2010	referred to children and families
May 19, 2009	reported and committed to codes
Apr 22, 2009	referred to children and families

Votes

- Jun 15, 2010 - Floor Vote
  A8504
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2010
      
      aye (60)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      nay (1)
      
      Golden
      
      excused (1)
      
      Morahan
  Jun 2, 2010 - Codes Committee Vote
  S4388
  
  11
  
  Aye
  
  4
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jun 2, 2010
      
      aye (11)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Duane
      
      Huntley
      
      Klein
      
      Parker
      
      Perkins
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      nay (4)
      
      Flanagan
      
      Golden
      
      Lanza
      
      Volker
      
      aye wr (1)
      
      Saland
  May 11, 2010 - Children And Families Committee Vote
  S4388
  
  5
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: May 11, 2010
      
      aye (5)
      
      Huntley
      
      Marcellino
      
      McDonald
      
      Montgomery
      
      Schneiderman
      
      aye wr (1)
      
      Duane

2009-S4388 (ACTIVE) - Details

See Assembly Version of this Bill:: A8504
Law Section:: Family Court Act
Laws Affected:: Amd §§1055, 1087, 1088, 1089 & 1090, add Art 10-B §1091, Fam Ct Act; amd §§371 & 409-a, Soc Serv L

2009-S4388 (ACTIVE) - Summary

Relates to trial discharges of youth in foster care and voluntary re-placements of older adolescents in foster care; extends trial discharges at permanency hearings for successive periods of up to six months until youth reach the age of 21, and where the affected youth is over 18, any such trail discharge would require his or her consent; allows youth between 18-21 who have been discharged within 24 months to seek leave to return voluntarily to foster care.

2009-S4388 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4388

 TITLE OF BILL :
An act to amend the family court act and the social services law, in
relation to trial discharges of youth in foster care and voluntary
re-placements of older adolescents in foster care


This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Family
Court Advisory and Rules Committee.

Experience in Family Court has demonstrated, and a vast array of
literature has documented, that all too often adolescents age out of
foster care upon reaching age 18 or shortly thereafter wholly
unprepared to function in society. Although the Family Court Act
permits them to consent to continued foster care with its attendant
supports and services until they reach the age of 21, many make
precipitous decisions to show their independence and refuse to consent
to remain in care even when they are desperately in need of
assistance. Youth living in intact families are not faced with such
decisions; they may leave home to attend college, but they do not
abruptly terminate all connections with their families and often
continue to receive financial and other aid. Youth leaving foster
care, in contrast, often have no family to fall back on. For them,
"independent living" may be akin to falling off a precipice. The

permanency legislation enacted in 2005 contains salutary provisions
requiring social services agencies to ensure that such youth leave
care with a "significant connection to an adult willing to be a
permanency resource." This requirement is helpful but often does not
always fully meet the myriad needs of youth upon their discharge from
foster care and during the period that immediately follows.

Together, our Advisory Committee and the Permanent Judicial Commission
on Justice for Children, chaired by former Chief Judge Judith Kaye,
urge enactment of the instant legislation to provide necessary
supports - a vital "safety net" - for foster care youth. This measure
would amend the trial discharge provisions of Articles 10 and 10-A of
the Family Court Act explicitly to permit Family Court to extend trial
discharges at permanency hearings for successive periods of up to six
months until youth reach the age of 21, and where the affected youth
is over age 18 any such trial discharge would require the his or her
consent.  Additionally, the measure would add a new Article 10-B to
the Family Court Act to permit youth between ages 18 and 21, who have
been discharged from foster care within the past 24 months because of
their failure to consent to continued care, to seek Family Court leave
to return voluntarily to foster care. In such cases, Family Court must
find that the youth has no reasonable alternative to foster care, that
he or she consents to attend an appropriate educational or vocational
program and that such return is in his or her best interests. The
youth would continue to be represented by the attorney who had
previously provided representation, unless a new attorney is
appointed, and the social services district would be entitled to
notice and the right to be heard.  Upon granting such a motion, the
Court must schedule a permanency hearing to commence no later than 30
days after the hearing at which the child was returned to foster care.
Corresponding amendments would be made to Article 10-A of the Family
Court Act and Social Services Law §§371 and 409-a.

This measure would not only provide adolescents with a means of
obtaining assistance in making the often-difficult transition into
adulthood, but would also provide an essential homelessness-prevention
tool for communities and, importantly, for county and municipal social
services districts. The Citizen's Committee for Children of New York
has reported that, " c hildren with foster care histories are more
likely to experience homelessness as young adults;" thirty percent of
youth in their study reported a foster care history and 31% had "aged
out of foster care at 18 years old with no permanent housing
arrangements." This report notes the poor health, hunger and other
problems that ensue, problems costly to the children themselves, as
well as to the communities in which they reside. Madelyn Freundlich,
in a report prepared in conjunction with Children's Rights, Inc.,
Legal Aid Society and Lawyers for Children, documented the serious
health problems, poor educational and employment outcomes, significant
levels of homelessness and increased likelihood of arrest and
incarceration experienced by youth after discharge from foster care.
Similar problems were prevalent in a recent study of former foster
youth in Florida.  Pat O'Brien, Executive Director of the agency, "You
Gotta Believe," in a recent presentation, cited evidence that 60% of
homeless adults in New York City shelters had a history of foster
care, that 50% of youth coming to runaway and homeless youth shelters
in the City had been in foster or congregate care, and that in a study
of 168 youth at Covenant House in the City, 27% reported that they had
been in foster care and 43% reported that they had been in a
congregate care setting.  Finally, the Midwest Evaluation of the Adult
Functioning of Former Foster Youth, a comprehensive study of youth in
Illinois, Iowa and Wisconsin conducted by Chapin Hall at the
University of Chicago, provided national evidence of these problems.
However, the study demonstrated strong evidence that delaying
discharges of youth past the age of 18 results in higher incidence of
youth pursuing higher education and significant evidence of increased
earnings by youth and a greater tendency to delay pregnancies.

Significantly, the newly enacted federal Fostering Connections to
Success and Increasing Adoptions Act of 2008  Public Law 110--351
provides resources for foster care for older youth. Although New York
State had long covered the costs of foster care for youth between the
ages of 18 and 21, the new law now gives states the option of
collecting federal Title IV-E foster care funds for this purpose.
This provides a much-needed means of defraying existing state and
local expenditures for foster care for this age group, as well as a
means of covering costs incurred as a result of the modest number of
reentry motions anticipated. But even more significant, by providing a
means of preventing homelessness and crime among these youth, the
savings in the costs of homeless shelters, prisons, hospitals and
public assistance for these youth, not to mention the costs of crime
to society, will more than outweigh any state or local share of the
costs of reentry of youth into foster care.

Clearly, greater assistance must be made available to youth facing the
formidable challenges of finding housing and employment, accessing
health-care, achieving successful educational outcomes and functioning
successfully in society.  Enactment of this measure would empower
youth to access needed services, enhance the ability of counties to
provide assistance to youth that will help prevent costly homelessness
and incarceration and provide Family Court with a greater ability to
provide effective oversight over the progress of youth in the
transition out of foster care and into the community. Both elements -
the ability to extend trial discharges and to reinstate youth into
foster care are critically important to ensure that the achievement of
permanency for youth is successful.

This measure would take effect 90 days after becoming a law.

 2008 LEGISLATIVE HISTORY :

S.7342 (Rules)/A.10667 (passed Assembly).

2009-S4388 (ACTIVE) - Bill Text download pdf

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

                                  4388

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by  Sen.  MONTGOMERY  --  (at request of the Office of Court
  Administration) -- 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 and the  social  services  law,  in
  relation  to  trial  discharges  of youth in foster care and voluntary
  re-placements of older adolescents in foster care

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

  Section  1.  Subparagraph  (E) of paragraph (i) of subdivision (b) and
subdivision (e) of section 1055 of the family court act,  paragraph  (i)
of subdivision (b) as amended and subdivision (e) as relettered by chap-
ter 437 of the laws of 2006 and subdivision (e) as amended by section 18
of  part  A  of  chapter  3  of the laws of 2005, are amended to read as
follows:
  (E) where the permanency goal is return to the parent and it is antic-
ipated that the child may be finally discharged to  his  or  her  parent
before  the next scheduled permanency hearing, the court may provide the
local social services district with authority to finally  discharge  the
child  to  the  parent  without further court hearing, provided that ten
days prior written notice is served upon the court  and  [law  guardian]
THE  ATTORNEY  FOR THE CHILD. If the court on its own motion or the [law
guardian] ATTORNEY FOR THE CHILD on motion to the court does not request
the matter to be brought for review before final discharge,  no  further
permanency  hearings  will  be  required.    The  local  social services
district may also discharge the child on a trial  basis  to  the  parent
unless the court has prohibited such trial discharge or unless the court
has  conditioned such trial discharge on another event. For the purposes
of this section, trial discharge shall mean that the child is physically
returned to the parent while the child remains in the care  and  custody
of  the  local  social  services  district.    Permanency hearings shall
continue to be held for any child who has returned to his or her parents

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10486-03-9

S. 4388                             2

on a trial discharge. Where the permanency  goal  for  a  [child]  YOUTH
aging out of foster care is another planned permanent living arrangement
that  includes  a  significant  connection  to  an adult willing to be a
permanency  resource  for  the  [child] YOUTH, the local social services
district may also discharge the [child] YOUTH on a trial  basis  to  the
planned  permanent  living arrangements, unless the court has prohibited
or otherwise conditioned such a trial discharge. Trial discharge  for  a
[child]  YOUTH  aging out of foster care shall mean that a [child] YOUTH
is physically discharged but the local social services district  retains
care  and  custody  or custody and guardianship of the [child] YOUTH and
there remains a date  certain  for  the  scheduled  permanency  hearing.
TRIAL  DISCHARGE FOR A YOUTH AGING OUT OF FOSTER CARE MAY BE EXTENDED AT
EACH SCHEDULED PERMANENCY HEARING, UNTIL THE CHILD REACHES  THE  AGE  OF
TWENTY-ONE,  IF A CHILD OVER THE AGE OF EIGHTEEN CONSENTS TO SUCH EXTEN-
SION. PRIOR TO FINALLY DISCHARGING A YOUTH AGING OUT OF FOSTER  CARE  TO
ANOTHER  PLANNED PERMANENT LIVING ARRANGEMENT, THE LOCAL SOCIAL SERVICES
OFFICIAL SHALL GIVE THE YOUTH NOTICE OF THE RIGHT TO  APPLY  TO  REENTER
FOSTER  CARE  WITHIN  THE  EARLIER  OF  TWENTY-FOUR  MONTHS OF THE FINAL
DISCHARGE OR THE YOUTH'S TWENTY-FIRST BIRTHDAY IN ACCORDANCE WITH  ARTI-
CLE  TEN-B  OF  THIS ACT.   SUCH NOTICE SHALL ALSO ADVISE THE YOUTH THAT
REENTRY INTO FOSTER CARE WILL ONLY BE AVAILABLE WHERE THE FORMER  FOSTER
CARE  YOUTH HAS NO REASONABLE ALTERNATIVE TO FOSTER CARE AND CONSENTS TO
ENROLLMENT IN AND ATTENDANCE AT AN APPROPRIATE EDUCATIONAL OR VOCATIONAL
PROGRAM IN ACCORDANCE WITH PARAGRAPH TWO OF SUBDIVISION (A)  OF  SECTION
ONE  THOUSAND NINETY-ONE OF THIS ACT. Children placed under this section
shall be placed until the court completes the initial permanency hearing
scheduled pursuant to article ten-A of this act. Should the court deter-
mine pursuant to article ten-A of  this  act  that  placement  shall  be
extended  beyond  completion  of  the scheduled permanency hearing, such
extended placement and any such successive extensions of placement shall
expire at the completion  of  the  next  scheduled  permanency  hearing,
unless the court shall determine, pursuant to article ten-A of this act,
to continue to extend such placement.
  (e)  No  placement  may be made or continued under this section beyond
the child's eighteenth birthday without his or her  consent  and  in  no
event  past  his  or her twenty-first birthday. HOWEVER, A FORMER FOSTER
CARE YOUTH UNDER THE AGE OF TWENTY-ONE  WHO  WAS  PREVIOUSLY  DISCHARGED
FROM  FOSTER  CARE DUE TO A FAILURE TO CONSENT TO CONTINUATION OF PLACE-
MENT MAY MAKE A MOTION PURSUANT TO SECTION ONE  THOUSAND  NINETY-ONE  OF
THIS  ACT  TO  RETURN TO THE CUSTODY OF THE LOCAL COMMISSIONER OF SOCIAL
SERVICES OR OTHER OFFICER, BOARD OR  DEPARTMENT  AUTHORIZED  TO  RECEIVE
CHILDREN  AS  PUBLIC  CHARGES. IN SUCH MOTION, THE YOUTH MUST CONSENT TO
ENROLLMENT IN AND ATTENDANCE AT A VOCATIONAL OR EDUCATIONAL  PROGRAM  IN
ACCORDANCE WITH PARAGRAPH TWO OF SUBDIVISION (A) OF SECTION ONE THOUSAND
NINETY-ONE OF THIS ACT.
  S 2. Subdivision (a) of section 1087 of the family court act, as added
by  section 27 of part A of chapter 3 of the laws of 2005, is amended to
read as follows:
  (a) "Child" shall mean a person under  the  age  of  eighteen  who  is
placed  in  foster care pursuant to section three hundred fifty-eight-a,
three hundred eighty-four or three hundred eighty-four-a of  the  social
services  law  or pursuant to section one thousand twenty-two, one thou-
sand twenty-seven, or one thousand fifty-two of this  act;  or  directly
placed with a relative pursuant to section one thousand seventeen or one
thousand fifty-five of this act; or who has been freed for adoption or a
person  between the ages of eighteen and twenty-one who has consented to

S. 4388                             3

continuation in foster care OR  TRIAL  DISCHARGE  STATUS;  OR  A  FORMER
FOSTER  CARE  YOUTH  UNDER  THE  AGE  OF TWENTY-ONE FOR WHOM A COURT HAS
GRANTED A MOTION TO PERMIT THE FORMER FOSTER CARE YOUTH TO RETURN TO THE
CUSTODY  OF  THE LOCAL COMMISSIONER OF SOCIAL SERVICES OR OTHER OFFICER,
BOARD OR DEPARTMENT AUTHORIZED TO RECEIVE CHILDREN AS PUBLIC CHARGES.
  S 3. Section 1088 of the family court act, as added by section  27  of
part A of chapter 3 of the laws of 2005, is amended to read as follows:
  S  1088.  Continuing court jurisdiction. If a child is placed pursuant
to section three hundred fifty-eight-a, three  hundred  eighty-four,  or
three  hundred  eighty-four-a of the social services law, or pursuant to
section one thousand seventeen, one thousand  twenty-two,  one  thousand
twenty-seven  or  one thousand fifty-two of this act, or directly placed
with a relative pursuant to section one thousand seventeen or one  thou-
sand  fifty-five  of  this  act;  or  if the child is freed for adoption
pursuant to section three hundred eighty-three-c, three hundred  eighty-
four or three hundred eighty-four-b of the social services law, the case
shall remain on the court's calendar and the court shall maintain juris-
diction  over  the case until the child is discharged from placement and
all orders regarding supervision, protection or services  have  expired.
The court shall rehear the matter whenever it deems necessary or desira-
ble, or upon motion by any party entitled to notice in proceedings under
this article, or by the [law guardian] ATTORNEY for the child, and when-
ever  a  permanency hearing is required by this article. While the court
maintains jurisdiction over the case,  the  provisions  of  section  one
thousand  thirty-eight  of  this act shall continue to apply.  THE COURT
SHALL ALSO MAINTAIN JURISDICTION OVER A CASE FOR PURPOSES OF  HEARING  A
MOTION  TO PERMIT A FORMER FOSTER CARE YOUTH UNDER THE AGE OF TWENTY-ONE
WHO WAS DISCHARGED FROM FOSTER CARE DUE  TO  A  FAILURE  TO  CONSENT  TO
CONTINUATION  OF PLACEMENT TO RETURN TO THE CUSTODY OF THE LOCAL COMMIS-
SIONER OF SOCIAL SERVICES OR OTHER OFFICER, BOARD OR DEPARTMENT  AUTHOR-
IZED TO RECEIVE CHILDREN AS PUBLIC CHARGES.
  S  4.  Paragraph  1  of  subdivision (a) of section 1089 of the family
court act, as added by section 27 of part A of chapter 3 of the laws  of
2005, is amended to read as follows:
  (1)  Children freed for adoption.  (I) At the conclusion of the dispo-
sitional hearing at which the child was freed for adoption in a proceed-
ing pursuant to section  three  hundred  eighty-three-c,  three  hundred
eighty-four  or  three hundred eighty-four-b of the social services law,
the court shall set a date certain for the initial freed child permanen-
cy hearing and advise all parties in court of the date set,  except  for
the respondent or respondents. The permanency hearing shall be commenced
no later than thirty days after the hearing at which the child was freed
and  shall  be completed within thirty days, unless the court determines
to hold the permanency hearing immediately upon completion of the  hear-
ing  at  which  the  child  was freed, provided adequate notice has been
given.
  (II) AT THE CONCLUSION OF THE HEARING PURSUANT TO SECTION ONE THOUSAND
NINETY-ONE OF THIS ACT WHERE THE COURT HAS  GRANTED  THE  MOTION  FOR  A
FORMER  FOSTER  CARE  YOUTH WHO WAS DISCHARGED FROM FOSTER CARE DUE TO A
FAILURE TO CONSENT TO CONTINUATION OF PLACEMENT TO RETURN TO THE CUSTODY
OF THE LOCAL COMMISSIONER OF SOCIAL SERVICES OR OTHER OFFICER, BOARD  OR
DEPARTMENT  AUTHORIZED  TO RECEIVE CHILDREN AS PUBLIC CHARGES, THE COURT
SHALL SET A DATE CERTAIN FOR A PERMANENCY HEARING AND ADVISE ALL PARTIES
IN COURT OF THE DATE SET. THE PERMANENCY HEARING SHALL BE  COMMENCED  NO
LATER THAN THIRTY DAYS AFTER THE HEARING AT WHICH THE FORMER FOSTER CARE
YOUTH WAS RETURNED TO FOSTER CARE.

S. 4388                             4

  S  5.  Subparagraph  (ii) of paragraph 2 of subdivision (d) of section
1089 of the family court act, as added by section 27 of part A of  chap-
ter 3 of the laws of 2005, is amended to read as follows:
  (ii) placing the child in the custody of a fit and willing relative or
other  suitable  person,  or continuing the placement of the child until
the completion of the next permanency hearing, provided,  however,  that
no  placement  may  be  continued  under this section beyond the child's
eighteenth birthday without his or her consent and in no event past  the
child's  twenty-first  birthday; PROVIDED, HOWEVER, THAT A FORMER FOSTER
YOUTH WHO WAS PREVIOUSLY DISCHARGED FROM FOSTER CARE DUE TO A FAILURE TO
CONSENT TO CONTINUATION OF PLACEMENT MAY BE RETURNED TO THE  CUSTODY  OF
THE  LOCAL  COMMISSIONER  OF  SOCIAL SERVICES OR OTHER OFFICER, BOARD OR
DEPARTMENT AUTHORIZED TO RECEIVE CHILDREN AS PUBLIC CHARGES IF THE COURT
HAS GRANTED THE MOTION OF THE FORMER FOSTER CARE YOUTH OR  LOCAL  SOCIAL
SERVICES OFFICIAL UPON A FINDING THAT THE YOUTH HAS NO REASONABLE ALTER-
NATIVE  TO FOSTER CARE AND HAS CONSENTED TO ENROLLMENT IN AND ATTENDANCE
AT A VOCATIONAL OR EDUCATIONAL PROGRAM IN ACCORDANCE  WITH  SECTION  ONE
THOUSAND NINETY-ONE OF THIS ACT;
  S  6.  Clause (C) of subparagraph (viii) of paragraph 2 of subdivision
(d) of section 1089 of the family court act, as amended by  chapter  437
of the laws of 2006, is amended to read as follows:
  (C)  Where  the  permanency  goal is return to parent and it is antic-
ipated that the child may be returned home  before  the  next  scheduled
permanency  hearing,  the  court  may  provide the local social services
district with authority to finally discharge the  child  to  the  parent
without  further  court  hearing,  provided  that ten days prior written
notice is served upon the court and  [law  guardian]  ATTORNEY  FOR  THE
CHILD. If the court on its own motion or the [law guardian] ATTORNEY FOR
THE  CHILD  on  motion  to  the  court does not request the matter to be
brought for review before final discharge, no further  permanency  hear-
ings  will  be  required.  The  local  social services district may also
discharge the child on a trial basis to the parent unless the court  has
prohibited such trial discharge or unless the court has conditioned such
trial  discharge  on  another  event.  For the purposes of this section,
trial discharge shall mean that the child is physically returned to  the
parent  while  the  child  remains  in the care and custody of the local
social services district. Permanency hearings shall continue to be  held
for  any  child  who  has  returned  to  his  or  her parents on a trial
discharge. Where the permanency goal for a [child] YOUTH  aging  out  of
foster  care  is  another  planned  permanent  living  arrangement  that
includes a significant connection to an adult willing to be a permanency
resource for the [child] YOUTH, the local social services  district  may
also  discharge the [child] YOUTH on a trial basis to the planned perma-
nent living arrangements, unless the court has prohibited  or  otherwise
conditioned  such a trial discharge. Trial discharge for a [child] YOUTH
aging out of foster care shall mean that [a child] THE  YOUTH  is  phys-
ically  discharged  but  the local social services district retains care
and custody or custody and guardianship of the child and there remains a
date certain for the scheduled permanency hearing.  TRIAL DISCHARGE  FOR
A  YOUTH  AGING  OUT  OF  FOSTER  CARE MAY BE EXTENDED AT EACH SCHEDULED
PERMANENCY HEARING, UNTIL THE YOUTH REACHES THE AGE OF TWENTY-ONE, IF  A
YOUTH  OVER  THE  AGE  OF  EIGHTEEN CONSENTS TO SUCH EXTENSION. PRIOR TO
FINALLY DISCHARGING A YOUTH AGING OUT OF FOSTER CARE TO ANOTHER  PLANNED
PERMANENT  LIVING  ARRANGEMENT, THE LOCAL SOCIAL SERVICES OFFICIAL SHALL
GIVE THE YOUTH NOTICE OF THE RIGHT TO APPLY TO REENTER FOSTER CARE WITH-
IN THE EARLIER OF TWENTY-FOUR MONTHS  OF  THE  FINAL  DISCHARGE  OR  THE

S. 4388                             5

YOUTH'S  TWENTY-FIRST  BIRTHDAY IN ACCORDANCE WITH ARTICLE TEN-B OF THIS
ACT. SUCH NOTICE SHALL ALSO ADVISE THE YOUTH THAT  REENTRY  INTO  FOSTER
CARE  WILL  ONLY  BE AVAILABLE WHERE THE FORMER FOSTER CARE YOUTH HAS NO
REASONABLE  ALTERNATIVE TO FOSTER CARE AND CONSENTS TO ENROLLMENT IN AND
ATTENDANCE AT  AN  APPROPRIATE  EDUCATIONAL  OR  VOCATIONAL  PROGRAM  IN
ACCORDANCE WITH PARAGRAPH TWO OF SUBDIVISION (A) OF SECTION ONE THOUSAND
NINETY-ONE OF THIS ACT.
  S 7. Subdivision (a) of section 1090 of the family court act, as added
by  section 27 of part A of chapter 3 of the laws of 2005, is amended to
read as follows:
  (a) If [a law guardian] AN ATTORNEY for the child has  been  appointed
by  the  family  court in a proceeding pursuant to section three hundred
fifty-eight-a, three hundred eighty-three-c, three hundred  eighty-four,
or  three  hundred  eighty-four-b of the social services law, or article
ten of this act, the appointment of the [law  guardian]  ATTORNEY  shall
continue  without  further  court  order  or appointment, unless another
appointment of [a law guardian] AN ATTORNEY has been made by the  court,
until  the  child  is discharged from placement and all orders regarding
supervision, protection or services have expired.   THE  ATTORNEY  SHALL
ALSO  REPRESENT  THE  CHILD  WITHOUT FURTHER ORDER OR APPOINTMENT IN ANY
PROCEEDINGS UNDER ARTICLE TEN-B OF THIS ACT. All  notices,  reports  and
motions  required by law shall be provided to such [law guardian] ATTOR-
NEY. The [law guardian] ATTORNEY may be relieved of his or her represen-
tation upon application to the court for termination of the appointment.
Upon approval of the application, the court  shall  immediately  appoint
another  [law  guardian]  ATTORNEY  to  whom  all  notices, reports, and
motions required by law shall be provided.
  S 8. The family court act is amended by adding a new article  10-B  to
read as follows:
                               ARTICLE 10-B
              FORMER FOSTER CARE YOUTH RE-ENTRY PROCEEDINGS
SECTION 1091. MOTION TO RETURN TO FOSTER CARE PLACEMENT.
  S 1091.  MOTION TO RETURN TO FOSTER CARE PLACEMENT. A MOTION TO RETURN
A  FORMER  FOSTER  CARE  YOUTH  UNDER  THE  AGE  OF  TWENTY-ONE, WHO WAS
DISCHARGED FROM FOSTER CARE DUE TO A FAILURE TO CONSENT TO  CONTINUATION
OF  PLACEMENT,  TO  THE  CUSTODY  OF  THE  LOCAL  COMMISSIONER OF SOCIAL
SERVICES OR OTHER OFFICER, BOARD OR  DEPARTMENT  AUTHORIZED  TO  RECEIVE
CHILDREN  AS  PUBLIC  CHARGES,  MAY  BE  MADE BY SUCH FORMER FOSTER CARE
YOUTH, OR BY A LOCAL SOCIAL SERVICES OFFICIAL UPON THE CONSENT  OF  SUCH
FORMER  FOSTER  CARE  YOUTH,  IF  THERE  IS A COMPELLING REASON FOR SUCH
FORMER FOSTER CARE YOUTH TO RETURN TO  FOSTER  CARE;  PROVIDED  HOWEVER,
THAT  THE  COURT  SHALL  NOT  ENTERTAIN A MOTION FILED AFTER TWENTY-FOUR
MONTHS FROM THE DATE OF THE FIRST FINAL DISCHARGE THAT  OCCURRED  ON  OR
AFTER THE FORMER FOSTER CARE YOUTH'S EIGHTEENTH BIRTHDAY.
  (A)  A MOTION MADE PURSUANT TO THIS SECTION BY A SOCIAL SERVICES OFFI-
CIAL SHALL BE MADE BY ORDER TO SHOW CAUSE. SUCH  MOTION  SHALL  SHOW  BY
AFFIDAVIT OR OTHER EVIDENCE THAT:
  (1)  THE  FORMER  FOSTER  CARE  YOUTH HAS NO REASONABLE ALTERNATIVE TO
FOSTER CARE;
  (2) THE FORMER FOSTER CARE YOUTH CONSENTS TO ENROLLMENT IN AND ATTEND-
ANCE  AT  AN  APPROPRIATE  EDUCATIONAL  OR  VOCATIONAL  PROGRAM,  UNLESS
EVIDENCE  IS SUBMITTED THAT SUCH ENROLLMENT OR ATTENDANCE IS UNNECESSARY
OR INAPPROPRIATE, GIVEN THE PARTICULAR CIRCUMSTANCES OF THE YOUTH;
  (3) RE-ENTRY INTO FOSTER CARE IS IN THE BEST INTERESTS OF  THE  FORMER
FOSTER CARE YOUTH; AND

S. 4388                             6

  (4)  THE FORMER FOSTER CARE YOUTH CONSENTS TO THE RE-ENTRY INTO FOSTER
CARE.
  (B)  A  MOTION  MADE  PURSUANT TO THIS SECTION BY A FORMER FOSTER CARE
YOUTH SHALL BE MADE BY ORDER TO SHOW CAUSE OR TEN  DAYS  NOTICE  TO  THE
SOCIAL  SERVICES  OFFICIAL. SUCH MOTION SHALL SHOW BY AFFIDAVIT OR OTHER
EVIDENCE THAT:
  (1) THE REQUIREMENTS OUTLINED IN PARAGRAPHS  ONE,  TWO  AND  THREE  OF
SUBDIVISION (A) OF THIS SECTION ARE MET; AND
  (2)  THE  APPLICABLE  LOCAL  SOCIAL  SERVICES DISTRICT CONSENTS TO THE
RE-ENTRY OF SUCH FORMER FOSTER CARE YOUTH, OR IF  THE  APPLICABLE  LOCAL
SOCIAL  SERVICES  DISTRICT  REFUSES  TO  CONSENT TO THE RE-ENTRY OF SUCH
FORMER FOSTER CARE YOUTH AND THAT SUCH REFUSAL IS UNREASONABLE.
  (C) (1) IF AT ANY TIME DURING THE PENDENCY  OF  A  PROCEEDING  BROUGHT
PURSUANT  TO THIS SECTION THE COURT FINDS A COMPELLING REASON THAT IT IS
IN THE BEST INTERESTS OF THE FORMER FOSTER CARE  YOUTH  TO  BE  RETURNED
IMMEDIATELY  TO THE CUSTODY OF THE LOCAL COMMISSIONER OF SOCIAL SERVICES
OR OTHER OFFICER, BOARD OR DEPARTMENT AUTHORIZED TO RECEIVE CHILDREN  AS
PUBLIC  CHARGES  PENDING  A  FINAL DECISION ON THE MOTION, THE COURT MAY
ISSUE A TEMPORARY ORDER RETURNING THE YOUTH TO THE CUSTODY OF THE  LOCAL
COMMISSIONER  OF  SOCIAL  SERVICES OR OTHER OFFICER, BOARD OR DEPARTMENT
AUTHORIZED TO RECEIVE CHILDREN AS PUBLIC CHARGES.
  (2) WHERE THE LOCAL SOCIAL SERVICES DISTRICT HAS REFUSED TO CONSENT TO
THE RE-ENTRY OF A FORMER FOSTER CARE YOUTH,  AND  WHERE  IT  IS  ALLEGED
PURSUANT  TO PARAGRAPH TWO OF SUBDIVISION (B) OF THIS SECTION, THAT SUCH
REFUSAL BY SUCH SOCIAL SERVICES  DISTRICT  IS  UNREASONABLE,  THE  COURT
SHALL GRANT A MOTION MADE PURSUANT TO SUBDIVISION (B) OF THIS SECTION IF
THE  COURT  FINDS  AND  STATES  IN WRITING THAT THE REFUSAL BY THE LOCAL
SOCIAL SERVICES DISTRICT IS UNREASONABLE. FOR PURPOSES OF THIS  SECTION,
A COURT SHALL FIND THAT A REFUSAL BY A LOCAL SOCIAL SERVICES DISTRICT TO
ALLOW A FORMER FOSTER CARE YOUTH TO RE-ENTER CARE IS UNREASONABLE IF:
  (I) THE YOUTH HAS NO REASONABLE ALTERNATIVE TO FOSTER CARE;
  (II)  THE  YOUTH CONSENTS TO ENROLLMENT IN AND ATTENDANCE AT AN APPRO-
PRIATE EDUCATIONAL OR VOCATIONAL  PROGRAM,  UNLESS  THE  COURT  FINDS  A
COMPELLING  REASON  THAT SUCH ENROLLMENT OR ATTENDANCE IS UNNECESSARY OR
INAPPROPRIATE, GIVEN THE PARTICULAR CIRCUMSTANCES OF THE YOUTH; AND
  (III) RE-ENTRY INTO FOSTER CARE IS IN THE BEST INTERESTS OF THE FORMER
FOSTER YOUTH.
  (3) UPON MAKING A DETERMINATION ON A MOTION  FILED  PURSUANT  TO  THIS
SECTION,  WHERE  A  MOTION  HAS PREVIOUSLY BEEN GRANTED PURSUANT TO THIS
SECTION, IN  ADDITION  TO  THE  APPLICABLE  FINDINGS  REQUIRED  BY  THIS
SECTION, THE COURT SHALL GRANT THE MOTION TO RETURN A FORMER FOSTER CARE
YOUTH  TO  THE  CUSTODY  OF THE LOCAL COMMISSIONER OF SOCIAL SERVICES OR
OTHER OFFICER, BOARD OR DEPARTMENT AUTHORIZED  TO  RECEIVE  CHILDREN  AS
PUBLIC CHARGES ONLY:
  (I)  UPON A FINDING THAT THERE  IS A COMPELLING REASON FOR SUCH FORMER
FOSTER CARE YOUTH TO RETURN TO CARE;
  (II) IF THE COURT HAS NOT PREVIOUSLY GRANTED A SUBSEQUENT  MOTION  FOR
SUCH  FORMER  FOSTER CARE YOUTH TO RETURN TO CARE PURSUANT TO THIS PARA-
GRAPH; AND
  (III) UPON CONSIDERATION OF THE FORMER FOSTER CARE YOUTH'S  COMPLIANCE
WITH  PREVIOUS  ORDERS  OF  THE  COURT,  INCLUDING  THE YOUTH'S PREVIOUS
PARTICIPATION IN AN APPROPRIATE EDUCATIONAL OR  VOCATIONAL  PROGRAM,  IF
APPLICABLE.
  S  9.  Paragraph  (d)  of  subdivision  3 of section 371 of the social
services law, as amended by chapter 722 of the laws of 1978, is  amended
and a new paragraph (e) is added to read as follows:

S. 4388                             7

  (d) a person under the age of eighteen who is without a place of shel-
ter where supervision and care are available[.], OR
  (E)  A  FORMER  FOSTER  CARE YOUTH UNDER THE AGE OF TWENTY-ONE WHO WAS
PREVIOUSLY PLACED IN THE CARE AND CUSTODY OR CUSTODY AND GUARDIANSHIP OF
THE LOCAL COMMISSIONER OF SOCIAL SERVICES OR  OTHER  OFFICER,  BOARD  OR
DEPARTMENT AUTHORIZED TO RECEIVE CHILDREN AS PUBLIC CHARGES, AND WHO WAS
DISCHARGED  FROM FOSTER CARE DUE TO A FAILURE TO CONSENT TO CONTINUATION
IN PLACEMENT, WHO HAS RETURNED TO FOSTER CARE PURSUANT  TO  SECTION  ONE
THOUSAND NINETY-ONE OF THE FAMILY COURT ACT.
  S  10.  Subparagraph  (i) of paragraph (a) of subdivision 1 of section
409-a of the social services law, as amended by chapter 87 of  the  laws
of 1993, is amended to read as follows:
  (i)  the child will be placed, RETURNED TO or continued in foster care
unless such services are provided and that it is reasonable  to  believe
that by providing such services the child will be able to remain with or
be  returned  to  his  or her family, AND FOR A FORMER FOSTER CARE YOUTH
UNDER THE AGE OF TWENTY-ONE WHO WAS PREVIOUSLY PLACED IN  THE  CARE  AND
CUSTODY  OR CUSTODY AND GUARDIANSHIP OF THE LOCAL COMMISSIONER OF SOCIAL
SERVICES OR OTHER OFFICER, BOARD OR  DEPARTMENT  AUTHORIZED  TO  RECEIVE
CHILDREN  AS  PUBLIC  CHARGES  WHERE IT IS REASONABLE TO BELIEVE THAT BY
PROVIDING SUCH SERVICES THE FORMER FOSTER CARE YOUTH WILL AVOID A RETURN
TO FOSTER CARE or
  S 11. This act shall take effect on the ninetieth day after  it  shall
have become a law.

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