S T A T E O F N E W Y O R K
________________________________________________________________________
6815
I N S E N A T E
March 12, 2014
___________
Introduced by Sen. FELDER -- (at request of the Office of Court Adminis-
tration) -- 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, in relation to reentry of former
foster children into foster care; and to repeal certain provisions of
such law relating to making technical corrections thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 355.3 of the family court act, as
amended by chapter 663 of the laws of 1985, is amended to read as
follows:
6. Successive extensions of placement under this section may be grant-
ed, but no placement may be made or continued beyond the respondent's
eighteenth birthday without [the child's] HIS OR HER consent and in no
event past [the child's] HIS OR HER twenty-first birthday. A RESPOND-
ENT, WHO WAS PREVIOUSLY PLACED OR TRANSFERRED INTO PLACEMENT WITH A
LOCAL SOCIAL SERVICES DISTRICT PURSUANT TO THIS SECTION OR SECTION 353.3
OR 355.1 OF THIS ARTICLE AND WHO WAS DISCHARGED FROM FOSTER CARE ON OR
AFTER THE DATE ON WHICH THE CHILD ATTAINED THE AGE OF EIGHTEEN DUE TO A
FAILURE TO CONSENT TO THE CONTINUATION OF PLACEMENT, MAY MOVE OR, WITH
HIS OR HER CONSENT, MAY BE THE SUBJECT OF A MOTION BY A SOCIAL SERVICES
OFFICIAL TO REENTER FOSTER CARE IN ACCORDANCE WITH THE PROVISIONS OF
SECTION ONE THOUSAND NINETY-ONE OF THIS ACT.
S 2. Subdivision (f) of section 756-a of the family court act, as
added by chapter 604 of the laws of 1986, is amended to read as follows:
(f) Successive extensions of placement under this section may be
granted, but no placement may be made or continued beyond the child's
eighteenth birthday without his or her consent and in no event past his
or her twenty-first birthday. A CHILD WHO WAS PREVIOUSLY PLACED WITH A
LOCAL SOCIAL SERVICES DISTRICT PURSUANT TO SECTION SEVEN HUNDRED FIFTY-
SIX OF THIS PART AND WHO WAS DISCHARGED FROM FOSTER CARE ON OR AFTER THE
DATE ON WHICH HE OR SHE ATTAINED THE AGE OF EIGHTEEN DUE TO A FAILURE TO
CONSENT TO CONTINUATION OF PLACEMENT MAY MOVE OR, WITH HIS OR HER
CONSENT, MAY BE THE SUBJECT OF A MOTION BY A SOCIAL SERVICES OFFICIAL TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13786-01-4
S. 6815 2
REENTER FOSTER CARE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE
THOUSAND NINETY-ONE OF THIS ACT.
S 3. Section 1088 of the family court act, as amended by chapter 605
of the laws of 2011, is amended to read as follows:
S 1088. Continuing court jurisdiction. (A) If a child is placed pursu-
ant 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, one thousand fifty-two, one thousand eighty-nine, one
thousand ninety-one, one thousand ninety-four or one thousand ninety-
five of this act, or directly placed with a relative pursuant to section
one thousand seventeen or one thousand fifty-five of this act; or if the
child is freed for adoption pursuant to section SIX HUNDRED THIRTY-SEVEN
OF THIS ACT OR 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 main-
tain jurisdiction over the case until the child is discharged from
placement and all orders regarding supervision, protection or services
have expired.
(B) The court shall rehear the matter whenever it deems necessary or
desirable, or upon motion by any party entitled to notice in proceedings
under this article, or by the attorney for the child, and whenever a
permanency hearing is required by this article. While the court main-
tains jurisdiction over the case, the provisions of section one thousand
thirty-eight of this act shall continue to apply.
(C) 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 fail-
ure to consent to continuation of placement], AS DEFINED IN SUBDIVISION
(A) OF SECTION ONE THOUSAND NINETY-ONE OF THIS ACT, to return to the
custody of the [local commissioner of] social services [or other offi-
cer, board or department authorized to receive children as public charg-
es] DISTRICT FROM WHICH THE YOUTH WAS MOST RECENTLY DISCHARGED, OR, IN
THE CASE OF A CHILD FREED FOR ADOPTION, THE AUTHORIZED AGENCY INTO WHOSE
CUSTODY AND GUARDIANSHIP THE CHILD HAS BEEN PLACED.
S 4. Section 1091 of the family court act, as added by chapter 342 of
the laws of 2010, is amended to read as follows:
S 1091. Motion to return to foster care placement. (A) FOR PURPOSES OF
THIS ARTICLE, "FORMER FOSTER CARE YOUTH" SHALL MEAN A YOUTH UNDER THE
AGE OF TWENTY-ONE WHO WAS DISCHARGED FROM FOSTER CARE ON OR AFTER
ATTAINING THE AGE OF EIGHTEEN DUE TO A FAILURE TO CONSENT TO CONTINUA-
TION IN FOSTER CARE AND WHO HAD BEEN: (1) PLACED IN FOSTER CARE WITH A
LOCAL SOCIAL SERVICES DISTRICT PURSUANT TO ARTICLE THREE, SEVEN, TEN,
TEN-A OR TEN-C OF THIS ACT OR SECTION THREE HUNDRED FIFTY-EIGHT-A OF THE
SOCIAL SERVICES LAW; OR (2) FREED FOR ADOPTION IN ACCORDANCE WITH
SECTION SIX HUNDRED THIRTY-SEVEN OF THIS ACT OR SECTION THREE HUNDRED
EIGHTY-THREE-C, THREE HUNDRED EIGHTY-FOUR OR THREE HUNDRED EIGHTY-FOUR-B
OF THE SOCIAL SERVICES LAW BUT HAS NOT YET BEEN ADOPTED; OR (3) THE
SUBJECT OF A MOTION TO RESTORE PARENTAL RIGHTS THAT HAS BEEN CONDI-
TIONALLY GRANTED PURSUANT TO PARAGRAPH (III) OF SUBDIVISION (B) OF
SECTION SIX HUNDRED THIRTY-SEVEN OF THIS ACT.
(B) 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] DISTRICT FROM WHICH
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THE YOUTH WAS MOST RECENTLY DISCHARGED, OR, IN THE CASE OF A CHILD FREED
FOR ADOPTION, THE SOCIAL SERVICES DISTRICT OR AUTHORIZED AGENCY INTO
WHOSE CUSTODY AND GUARDIANSHIP THE CHILD HAS BEEN PLACED, may be made by
such former foster care youth, or by a local social services OR, IF
APPLICABLE, AN AUTHORIZED AGENCY 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].
(C) 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)] (D) A motion made pursuant to this [section] ARTICLE by [a] AN
APPROPRIATE LOCAL social services official OR, IN THE CASE OF A CHILD
FREED FOR ADOPTION, AN APPROPRIATE LOCAL SOCIAL SERVICES OFFICIAL OR
OFFICIAL OF THE AUTHORIZED AGENCY INTO WHOSE CUSTODY AND GUARDIANSHIP
THE CHILD HAS BEEN PLACED, 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
(4) the former foster care youth consents to the re-entry into foster
care.
[(b)](E) A motion made pursuant to this [section] ARTICLE by a former
foster care youth shall be made by order to show cause [or] ON ten days
notice to the social services official OR, IN THE CASE OF A CHILD FREED
FOR ADOPTION, THE SOCIAL SERVICES OFFICIAL OR OFFICIAL OF THE AUTHORIZED
AGENCY INTO WHOSE CUSTODY AND GUARDIANSHIP THE CHILD HAS BEEN PLACED.
Such motion shall show by affidavit or other evidence that:
(1) the requirements outlined in paragraphs one, two and three of
subdivision [(a)] (D) of this section are met; and
(2) (I) the [applicable] APPROPRIATE local social services [district]
OFFICIAL OR, IF APPLICABLE, OFFICIAL OF THE AUTHORIZED AGENCY consents
to the re-entry of such former foster care youth, or [if]
(II) the [applicable] APPROPRIATE local social services [district]
OFFICIAL OR, IF APPLICABLE, OFFICIAL OF THE AUTHORIZED AGENCY refuses to
consent to the re-entry of such former foster care youth and [that] such
refusal is unreasonable.
[(c)](F) (1) If at any time during the pendency of a proceeding
brought pursuant to this [section] ARTICLE, 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 APPROPRIATE local
commissioner of social services or [other officer, board or department
authorized to receive children as public charges], IN THE CASE OF A
CHILD FREED FOR ADOPTION, THE APPROPRIATE LOCAL COMMISSIONER OF SOCIAL
SERVICES OR AUTHORIZED AGENCY INTO WHOSE CUSTODY AND GUARDIANSHIP THE
CHILD HAS BEEN PLACED, pending a final decision on the motion, the court
may issue a temporary order returning the youth to the custody of [the]
SUCH local commissioner of social services or [other officer, board or
department authorized to receive children as public charges], IF APPLI-
CABLE, SUCH AUTHORIZED AGENCY.
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(2) Where the APPROPRIATE local social services district OR, IF APPLI-
CABLE, THE AUTHORIZED AGENCY, has refused to consent to the re-entry of
a former foster care youth, and where it is alleged pursuant to SUBPARA-
GRAPH (II) OF paragraph two of subdivision [(b)] (E) of this section,
that such refusal [by such social services district] is unreasonable,
the court shall grant a motion made pursuant to subdivision [(b)](E) 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] ARTICLE, a court shall find that a refusal [by a local
social services district] to allow a former foster care youth to re-en-
ter 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 CARE youth.
(3) Upon making a determination on a motion filed pursuant to this
[section] ARTICLE, where a motion has previously been granted pursuant
to this [section] ARTICLE, in addition to the applicable findings
required by this [section] ARTICLE, the court shall grant the motion to
return a former foster care youth to the custody of the APPROPRIATE
local commissioner of social services or [other officer, board or
department authorized to receive children as public charges] IF APPLICA-
BLE, THE AUTHORIZED AGENCY 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 5. Subparagraph (E) of paragraph (i) of subdivision (b) of section
1055 of the family court act, as amended by chapter 342 of the laws of
2010, is 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 the attorney for
the child. If the court on its own motion or the 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 on a trial discharge. Where
the permanency goal for a youth aging out of foster care is another
S. 6815 5
planned permanent living arrangement that includes a significant
connection to an adult willing to be a permanency resource for the
youth, the local social services district may also discharge the 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 youth aging out of foster care shall
mean that a youth is physically discharged but the local social services
district retains care and custody or custody and guardianship of the
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 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 within the earlier of twenty-four months of the
final discharge or the 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)] (D) 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 determine 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.
S 6. Subdivision (e) of section 1055 of the family court act, as
amended by chapter 342 of the laws of 2010, is amended to read as
follows:
(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)] (D) of section one
thousand ninety-one of this act.
S 7. Clause (C) of subparagraph (viii) of paragraph 2 of subdivision
(d) of section 1089 of the family court act, as amended by chapter 342
of the laws of 2010, 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 attorney for the child. If the court
on its own motion or the attorney for the child on motion to the court
S. 6815 6
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 on a trial discharge. Where the permanency goal for a
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 youth, the local social services
district may also discharge the youth on a trial basis to the planned
permanent living arrangements, unless the court has prohibited or other-
wise conditioned such a trial discharge. Trial discharge for a youth
aging out of foster care shall mean that the youth is physically
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 perman-
ency 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 perma-
nent 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 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)] (D) of section one thousand ninety-
one of this act.
S 8. Subparagraph (E) of paragraph (i) of subdivision (b) of section
1055 of the family court act, as amended by chapter 41 of the laws of
2010, is REPEALED.
S 9. Clause (C) of subparagraph (viii) of paragraph 2 of subdivision
(d) of section 1089 of the family court act, as amended by chapter 41 of
the laws of 2010, is REPEALED.
S 10. This act shall take effect immediately.
REPEAL NOTE: The amendments made to subparagraph (E) of paragraph (i)
of subdivision (b) of section 1055 and to clause (C) of subparagraph
(viii) of paragraph 2 of subdivision (d) of section 1089 of the family
court act by sections 67 and 80, respectively, by chapter 41 of the laws
of 2010 substitute "child's attorney" for "law guardian" but do not
contain the amendments contained in chapter 342 of the laws of 2010.
Chapter 342 of the laws of 2010 uses the equivalent phrase "attorney for
the child."