Senate Bill S1652

2009-2010 Legislative Session

Requires provision of funds for family housing as alternative to keeping children in foster care

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to children and families
Feb 04, 2009	referred to children and families

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2009-S1652 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §358-a, add §392, Soc Serv L; amd §1055, Fam Ct Act

2009-S1652 (ACTIVE) - Summary

Authorizes court to order a social services official to provide such funds as may be legally available for housing to a parent of a child in foster care or to be placed in foster care where the sole reason for such placement is the lack of affordable housing, provided that the amount of such funds does not exceed 50% of the cost of foster care.

2009-S1652 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1652

 TITLE OF BILL :
An act to amend the social services law and the family court act, in
relation to foster care review and the extension of placement in child
protective proceedings


 PURPOSE OR GENERAL IDEA OF BILL :
This bill would authorize a Family Court Judge, when considering the
continuation of a child in foster care, upon making a determination
that such continuation is necessary solely because of a lack of
adequate housing, to order a social services official to provide funds
for housing that may equal up to 50% of the cost it would otherwise
require to keep the child in foster care.

 SUMMARY OF PROVISIONS :
Section 1 amends subdivision 3 of section 358-a of the social service
law by adding a new paragraph (g); Section 2 adds a new section 392 of
the social services law; Section 3 amends subdivision (c) of section
1055 of the family court act, as amended by chapter 283 of the laws of
1990, all sections make conforming changes to direct the local social
services official to provide funds for housing to the parent(s) or
legal guardian of a child in foster care, if such housing will allow
for the return of the child to their custody.  Such funding cannot
exceed 50% of what the cost would be if the child were to remain in

foster care.

 JUSTIFICATION :
There are instances where the lack of adequate housing becomes the
only reason why some families are prevented from reuniting families
after other adverse circumstances have been alleviated or remedied.
While a public assistance allowance contains a certain amount to cover
rent, that amount has proven to be inadequate in many cases.  The
result of such situation is undesirable not only because it is counter
productive from the point of view of keeping families intact or
promoting permanency, but it is also fiscally unsound.  It is
estimated to cost around $20,000 a year to maintain a child in foster
care, depending on the child's age and the type of care provided.  It
would cost considerably less to provide funds necessary to house the
family adequately and permanently.  This bill not only places a cap on
the amount that may be paid for housing at 50% of the sum that would
have been expended for foster care, but also places a cap on the
duration of such additional aid, as a period fixed by the court.  A
similar measure was passed by the Legislature in 1990, only to be
vetoed by the Governor, who expressed regret that the necessary funds
were not available.  This measure provided that housing funds be made
available to prevent foster care placement if lack of adequate housing
was identified as the only reason that foster care would be necessary.
The current bill would utilize the money that would otherwise be spent
on foster care and spend it on housing.

 PRIOR LEGISLATIVE HISTORY :
2007/2008: S.1489 - Died in Committee
2005/2006: A.2126 - Referred to Children and Families
2003/2004: A.2361/S3110 - Died in Committee
2001/2002: A.1233 - Died in Committee
1999/2000: A.2514 - Died in Committee
1997/1998: A.1862 - Died in Committee
1995/1996: A.2399 - Died in Committee

 FISCAL IMPLICATIONS:
There should be savings for the state and the location amount expended
would be at least 50% less than what the cost would have been for the
child in foster care and possibly the parents in a shelter.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S1652 (ACTIVE) - Bill Text download pdf

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

                                  1652

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 4, 2009
                               ___________

Introduced  by  Sens. DILAN, ADAMS, DIAZ, DUANE, HASSELL-THOMPSON, HUNT-
  LEY, KRUEGER, KRUGER, MONTGOMERY, ONORATO, PARKER, SAMPSON, SCHNEIDER-
  MAN, STAVISKY, THOMPSON -- read twice and ordered  printed,  and  when
  printed to be committed to the Committee on Children and Families

AN  ACT  to  amend  the social services law and the family court act, in
  relation to foster care review and the extension of placement in child
  protective proceedings

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

  Section  1.  Subdivision 3 of section 358-a of the social services law
is amended by adding a new paragraph (g) to read as follows:
  (G) IF THE COURT DETERMINES THAT LACK OF ADEQUATE HOUSING IS THE  SOLE
REASON  PREVENTING  THE  RETURN  OF THE CHILD TO THE HOME, THE COURT MAY
ORDER A SOCIAL SERVICES OFFICIAL TO PROVIDE FUNDS  FOR  HOUSING  TO  THE
PARENTS OR PERSON LEGALLY RESPONSIBLE FOR THE CHILD OR TO SUCH PERSON AS
THE  COURT MAY DIRECT FROM SUCH FUNDS AS MAY BE LEGALLY AVAILABLE. IN NO
EVENT SHALL THE FUNDS SO PROVIDED BE GREATER THAN FIFTY PERCENT  OF  THE
AMOUNT THAT WOULD BE EXPENDED WERE THE CHILD TO BE IN FOSTER CARE DURING
A PERIOD DESIGNATED IN SAID ORDER.
  S 2. The social services law is amended by adding a new section 392 to
read as follows:
  S 392. PROVISION OF ADEQUATE HOUSING.  IN CASES WHERE THE COURT DETER-
MINES  THAT  THE CHILD'S REMOVAL FROM FOSTER CARE AND RETURN TO THE HOME
IS PREVENTED SOLELY BY LACK OF ADEQUATE HOUSING, THE COURT MAY  ORDER  A
SOCIAL  SERVICES OFFICIAL TO PROVIDE FUNDS FOR HOUSING TO THE PARENTS OR
PERSON LEGALLY RESPONSIBLE FOR THE CHILD OR TO SUCH PERSON AS THE  COURT
MAY  DIRECT  FROM  SUCH  FUNDS  AS MAY BE LEGALLY AVAILABLE. IN NO EVENT
SHALL THE FUNDS SO ORDERED BE GREATER THAN FIFTY PERCENT OF  THE  AMOUNT
THAT  WOULD  BE  EXPENDED  WERE  THE CHILD TO BE IN FOSTER CARE DURING A
PERIOD DESIGNATED IN SAID ORDER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05023-01-9

S. 1652                             2

  S 3. Subdivision (c) of section 1055 of the family court act, as added
by chapter 437 of the laws of 2006, is amended to read as follows:
  (c)  In  addition to or in lieu of an order of placement made pursuant
to subdivision (b) of this section, the court may make an order  direct-
ing  a  child  protective agency, social services official or other duly
authorized  agency  to  undertake  diligent  efforts  to  encourage  and
strengthen the parental relationship when it finds such efforts will not
be  detrimental  to  the best interests of the child. Such efforts shall
include encouraging and facilitating visitation with the  child  by  the
parent  or  other  person legally responsible for the child's care. Such
order may include a specific plan of action for such agency or  official
including, but not limited to, requirements that such agency or official
assist  the  parent  or other person responsible for the child's care in
obtaining adequate housing,  employment,  counseling,  medical  care  or
psychiatric  treatment.  Such  order  shall also include encouraging and
facilitating visitation with the child by the non-custodial  parent  and
grandparents  who  have  obtained  orders pursuant to part eight of this
article, and may include encouraging and  facilitating  visitation  with
the child by the child's siblings.  IF THE COURT DETERMINES THAT LACK OF
ADEQUATE  HOUSING  IS THE SOLE REASON PREVENTING THE RETURN OF THE CHILD
TO THE HOME, THE COURT MAY ORDER A SOCIAL SERVICES OFFICIAL  TO  PROVIDE
FUNDS  FOR  HOUSING TO THE PARENTS OR PERSON LEGALLY RESPONSIBLE FOR THE
CHILD OR TO SUCH PERSON AS THE COURT MAY DIRECT FROM SUCH FUNDS  AS  MAY
BE LEGALLY AVAILABLE. IN NO EVENT SHALL THE FUNDS SO PROVIDED BE GREATER
THAN  FIFTY  PERCENT OF THE AMOUNT THAT WOULD BE EXPENDED WERE THE CHILD
TO BE IN FOSTER CARE DURING A PERIOD DESIGNATED IN SAID  ORDER.  Nothing
in  this subdivision shall be deemed to limit the authority of the court
to make an order pursuant to section two hundred fifty-five of this act.
  S 4. This act shall take effect immediately.

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Senate Bill S1652

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

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co-Sponsors

2009-S1652 (ACTIVE) - Details

2009-S1652 (ACTIVE) - Summary

2009-S1652 (ACTIVE) - Sponsor Memo

2009-S1652 (ACTIVE) - Bill Text download pdf

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Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Actions

co-Sponsors

2009-S1652 (ACTIVE) - Details

2009-S1652 (ACTIVE) - Summary

2009-S1652 (ACTIVE) - Sponsor Memo

2009-S1652 (ACTIVE) - Bill Text download pdf

Comments