NY State Senate Bill 2017-S5472B

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 12, 2018	print number 5472b
Jun 12, 2018	amend and recommit to children and families
Feb 12, 2018	print number 5472a
Feb 12, 2018	amend and recommit to children and families
Jan 03, 2018	referred to children and families
Jun 06, 2017	reported and committed to rules
Mar 30, 2017	referred to children and families

Votes

- Jun 6, 2017 - Children And Families Committee Vote
  S5472B
  
  6
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Jun 6, 2017
      
      aye (6)
      
      Avella
      
      Bonacic
      
      Helming
      
      Montgomery
      
      Persaud
      
      Savino
      
      excused (1)
      
      Serino

Bill Amendments

Original

B (Active)

2017-S5472 - Details

See Assembly Version of this Bill:: A7555
Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §§355.3, 756-a, 1088 & 1091, Fam Ct Act
Versions Introduced in 2019-2020 Legislative Session:: S6472, A7941

2017-S5472 - Summary

Provides for the reentry of certain foster children after they were discharged from foster care after attaining the age of eighteen for failure to consent or who were discharged from foster care after attaining the age of sixteen but who is or is likely to become homeless.

2017-S5472 - Sponsor Memo

                                 BILL NUMBER:  S5472

 TITLE OF BILL :  An act to amend the family court act, in relation to
reentry of former foster care children into foster care

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

Chapter 342 of the Laws of 2010, which permits youth who have "aged
out" of foster care at the age of 18 to reenter care, has provided a
vital "safety net" in cases where the youth would otherwise be facing
homelessness or other adverse outcomes. Enacted at the time that
Federal foster care assistance first became available for youth
between the ages of 18 and 21, the statute has proven invaluable in
preventing future societal costs by ensuring that the youth will have
the support necessary to fulfill the commitments that they must make
to participate in educational or vocational programs as a condition of
reentry into care.

This measure would clarify one aspect of the statute that has caused
some confusion, i.e., the categories of former foster youth to which
the statute applies. "Former foster care youth" is not defined in
Family Court Article 10-B and although referenced in the permanency
hearing provisions (Family Court Act Article 10-A), no specific
cross-references are contained in provisions applicable to juvenile

delinquents or Persons in Need of Supervision (PINS). This measure
would remedy that gap by amending the post-dispositional provisions
regarding extensions of placement in the juvenile delinquency and PINS
statutes (Family Court Act §§ 355.3, 756-a(f)) to include references
to section 1091 of the Family Court Act. It would further amend
section 1091 to add a definition of "former foster care youth" that
explicitly includes youth placed in foster care with local social
services districts pursuant to juvenile delinquency, PINS, child
protective or destitute child adjudications and voluntary placements,
as well as children freed for adoption but not yet adopted, whose
guardianship and custody have been transferred to a local social
services district or authorized child care agency. It also would
include the small number of juvenile delinquents placed by Family
Courts in counties outside New York City, who were discharged from
non-secure or limited-secure care placements with the State Office of
Children and Family Services (0CFS).*

Significantly, in addition to the rare cases of youth who age out of
foster care at the age of 18, the measure also would apply to youth
who were discharged from foster care on or after attaining the age of
16 but who are or are likely to be homeless unless returned to foster
care. Like the youth who have "aged out," such youth would not be able
to petition to reenter foster care until they reach the age of 18. In
order to accommodate this category, instead of limiting the reentry
application to 24 months from discharge from foster care, the measure
provides that the reentry application must be made before former
foster youth reach their 20th birthdays. The inclusion of these youth
in the definition of "former foster youth" is critically important as
providers of services to runaway and homeless youth have reported a
significant influx of these youth in their shelters - youth who would
be better served and for a longer period of time by a return to foster
care than by the temporary shelter available from these providers.

The instant measure would codify the only appellate ruling on the
statute to date and is consistent with the position taken by OCFS, the
oversight agency for foster care in New York. The Appellate Division,
Second Department, in Matter of Jefry H., 102 A.D.3d 132 (2nd Dept.,
2012), reversed a Family Court decision in which the judge had
construed the absence of specific language to mean that the statute
did not cover PINS cases. In holding that section 1091 of the Family
Court Act does apply to PINS who had been placed in foster care, the
Appellate Division noted that the rationale for enacting chapter 342
applies with equal force to all foster youth discharged from care. The
Court further noted the broad interpretation accorded to the scope of
the statute by OCFS. Id. Consistent with Federal requirements to treat
all categories of youth eligible to receive foster care assistance
under Title IV-E of the Social Security Act identically, the OCFS, in
its administrative memorandum to local social services districts,
indicated that the statute applied to all former foster youth,
including former foster care youth placed with local departments of
social services. See 11-OCFS ADM-02 (March 3, 2011) at pps 2, 7.

Professor Merril Sobie, in his 2012 Practice Commentary to section
10911, indicated that "(t)he language strongly suggests that the
statute applies to each and every foster child, and is not limited to
children who have been placed as a result of an Article 10 (child
protective) proceeding." Writing before the Appellate. Division
reversal in Matter of Jefry H., Prof. Sobie continued:

It would have been preferable if Article 10-B had been drafted to
explicitly apply to non-Article 10 placements. (See, by comparison,
Section 1087(a), which enumerates the placements for which Article
10-A applies.) But the lack of an explicit provision is not
necessarily dispositive. It's difficult to conceive that the
Legislature intended to differentiate or discriminate between
similarly situated "former foster care youth", or that the legislative
decision to craft a separate article excludes non-Article 10 children
(if Section 1091 was intended to be limited to Article 10 placements,
it would have presumably been added to that Article). The issue will
probably be raised and determined at the Appellate Division level
(unless the Legislature quickly amends Section 1091).

Predictably, most youth returning to foster care are those who had
been placed pursuant to child protective proceedings, but the option
is equally vital for those youth in the juvenile justice system who
have been placed with local social services districts. As the
legislative supporting memorandum for chapter 342 stated:

Although the Family Court Act permits (foster youth) 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.

(Assembly Mem in Support, Bill Jacket, L. 2010, c. 342 at 8). The
well-documented problems faced by these youth - increased incidence of
school drop-out, homelessness, unemployment, criminality and teen
pregnancy - are even more likely to afflict the vulnerable juvenile
justice population upon discharge from care. In its memos to the
Governor regarding chapter 342, both the State Division of the Budget
and OCFS noted the additional costs to counties from these adverse
consequences that would be averted by permitting the option for youth
to reenter foster care. See Memo of Division of the Budget and Letter
from OCFS General Counsel, Bill Jacket, L. 2010 c. 342. Codification
of Matter of Jefiy H. through enactment of this measure, therefore,
will provide a cost-effective avenue to support a particularly
vulnerable population as they make the difficult transition from
foster care to successful adulthood.


This measure, which would have no fiscal impact on the State, would
take effect immediately.

2013 Legislative History:Senate 4529-B (Senator Felder) (Veto Memo
226) Assembly 7339-A (M. of A. Lupardo) (Veto Memo 226)

2014 Legislative History:Senate 6815 (Senator Felder) (PASSED)

*With the implementation of the "Close to Home" program in New York
City, the New York City Family Court only places delinquent youth with
the New York City Administration for Children's Services, except for a
small number placed restrictively with OCFS, a category not covered by
the existing reentry statute or this measure.

2017-S5472 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5472
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 30, 2017
                                ___________
 
 Introduced by Sen. AVELLA -- (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 care children into foster care

   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 RESPONDENT
 WHO HAS ATTAINED THE AGE OF EIGHTEEN BUT IS LESS THAN  TWENTY  YEARS  OF
 AGE MAY MOVE OR, WITH HIS OR HER CONSENT, MAY BE THE SUBJECT OF A MOTION
 TO  REENTER FOSTER CARE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE
 THOUSAND NINETY-ONE OF THIS ACT, PROVIDED THAT:
   (I) THE RESPONDENT WAS EITHER DISCHARGED FROM FOSTER CARE ON OR  AFTER
 ATTAINING THE AGE OF EIGHTEEN DUE TO A FAILURE TO CONSENT TO THE CONTIN-
 UATION  OF  PLACEMENT  OR  WAS  DISCHARGED  FROM FOSTER CARE ON OR AFTER
 ATTAINING THE AGE OF SIXTEEN BUT WHO IS OR  IS  LIKELY  TO  BE  HOMELESS
 UNLESS RETURNED TO FOSTER CARE; AND
   (II)  WHERE  THE  RESPONDENT HAD BEEN 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 PART, THE MOTION MAY BE MADE
 BY A SOCIAL SERVICES OFFICIAL; OR WHERE THE RESPONDENT HAD  BEEN  PREVI-
 OUSLY PLACED WITH THE STATE OFFICE OF CHILDREN AND FAMILY SERVICES FOR A
 NON-SECURE  OR  LIMITED SECURE LEVEL OF CARE PURSUANT TO THIS SECTION OR
 SECTION 353.3 OR 355.1 OF THIS PART WHERE THE PLACEMENT WAS  MADE  IN  A
 COUNTY  THAT  DOES  NOT  HAVE  AN  APPROVED "CLOSE TO HOME" PROGRAM, THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10273-01-7

 S. 5472                             2
 
 MOTION MAY BE MADE BY AN OFFICIAL OF THE STATE OFFICE  OF  CHILDREN  AND
 FAMILY SERVICES.
   §  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
 ATTAINING THE AGE OF EIGHTEEN DUE TO A FAILURE TO CONSENT  TO  CONTINUA-
 TION OF PLACEMENT OR WAS DISCHARGED FROM FOSTER CARE ON OR AFTER ATTAIN-
 ING  THE  AGE  OF  SIXTEEN BUT WHO IS OR IS LIKELY TO BE HOMELESS UNLESS
 RETURNED TO FOSTER CARE 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.
   §  3.  Section 1088 of the family court act, as amended by chapter 605
 of the laws of 2011, is amended to read as follows:
   § 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.
   §  4. Section 1091 of the family court act, as added by chapter 342 of
 the laws of 2010, is amended to read as follows:
   § 1091. Motion to return to foster care placement.   (A) FOR  PURPOSES
 OF  THIS  ARTICLE, "FORMER FOSTER CARE YOUTH" SHALL MEAN A YOUTH WHO HAS
 ATTAINED THE AGE OF EIGHTEEN BUT IS UNDER THE AGE OF TWENTY-ONE AND  WHO
 HAD BEEN:

 S. 5472                             3
 
   (1) DISCHARGED FROM FOSTER CARE ON OR AFTER ATTAINING THE AGE OF EIGH-
 TEEN  DUE  TO  A  FAILURE  TO  CONSENT TO CONTINUATION IN FOSTER CARE OR
 DISCHARGED FROM FOSTER CARE ON OR AFTER ATTAINING THE AGE OF SIXTEEN BUT
 WHO IS OR IS LIKELY TO BE HOMELESS UNLESS RETURNED TO FOSTER CARE; AND
   (2)(I)  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
   (II)  FREED  FOR ADOPTION IN ACCORDANCE WITH SECTION SIX HUNDRED THIR-
 TY-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
   (III) THE SUBJECT OF A MOTION TO RESTORE PARENTAL RIGHTS THAT HAD BEEN
 CONDITIONALLY GRANTED PURSUANT TO PARAGRAPH (III) OF SUBDIVISION (B)  OF
 SECTION SIX HUNDRED THIRTY-SEVEN OF THIS ACT; OR
   (IV)  PLACED  WITH  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES FOR A
 NON-SECURE OR LIMITED SECURE LEVEL OF CARE PURSUANT  TO  SECTION  353.3,
 355.1 OR 355.3 OF THIS ACT WHERE THE PLACEMENT WAS MADE IN A COUNTY THAT
 DOES NOT HAVE AN APPROVED "CLOSE TO HOME" PROGRAM.
   (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
 THE YOUTH WAS MOST RECENTLY DISCHARGED, OR,  IN  THE  CASE  OF  A  YOUTH
 PLACED  WITH  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE
 WITH SUBPARAGRAPH (IV) OF PARAGRAPH  TWO  OF  SUBDIVISION  (A)  OF  THIS
 SECTION,  THE  COMMISSIONER  OF CHILDREN AND FAMILY SERVICES, 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] THE
 APPLICABLE OFFICIAL OF THE local social  services  [official]  DISTRICT,
 AUTHORIZED AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES 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] TWENTIETH birthday.
   [(a)]  (D) A motion made pursuant to this [section] ARTICLE by [a] THE
 APPLICABLE OFFICIAL OF THE LOCAL social  services  [official]  DISTRICT,
 AUTHORIZED AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES 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; AND
   (5)  IN  THE CASE OF A FORMER FOSTER YOUTH DISCHARGED FROM FOSTER CASE
 ON OR AFTER ATTAINING THE AGE OF SIXTEEN, THE YOUTH IS OR IS  LIKELY  TO
 BE HOMELESS UNLESS RETURNED TO FOSTER CARE.

 S. 5472                             4
 
   [(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 APPLICABLE OFFICE OF THE LOCAL social services  [official]
 DISTRICT,  AUTHORIZED  AGENCY  OR  THE  OFFICE  OF  CHILDREN  AND FAMILY
 SERVICES.  Such motion shall show by affidavit or other evidence that:
   (1) the requirements outlined in paragraphs one, two and three AND, IF
 APPLICABLE,  PARAGRAPH FIVE of subdivision [(a)] (D) of this section are
 met; and
   (2) (I) the applicable OFFICIAL OF THE local social services district,
 AUTHORIZED AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES consents
 to the re-entry of such former foster care youth, or [if]
   (II) the applicable OFFICIAL OF THE local  social  services  district,
 AUTHORIZED  AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES 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 APPLICABLE local
 commissioner of social services or [other officer, board  or  department
 authorized to receive children as public charges] OFFICIAL OF THE APPLI-
 CABLE  AUTHORIZED  AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES,
 pending a final decision on the motion, the court may issue a  temporary
 order returning the youth to the custody of [the] SUCH local commission-
 er  of social services or other [officer, board or department authorized
 to receive children as public charges] OFFICIAL.
   (2) Where  the  APPLICABLE  OFFICIAL  OF  THE  local  social  services
 district,  AUTHORIZED  AGENCY  OR  THE  OFFICE  OF  CHILDREN  AND FAMILY
 SERVICES has refused to consent to the re-entry of a former foster  care
 youth,  and  where  it is alleged pursuant to SUBPARAGRAPH (II) OF para-
 graph 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-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 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 APPLICABLE local
 commissioner  of  social services or [other officer, board or department
 authorized to receive children as public charges] OFFICIAL OF THE APPLI-
 CABLE AUTHORIZED AGENCY OR THE OFFICE OF CHILDREN AND  FAMILY  SERVICES,
 only:
   (i)  upon  a finding that there is a compelling reason for such former
 foster care youth to return to care;

 S. 5472                             5
 
   (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.
   § 5. This act shall take effect immediately.

2017-S5472A - Details

See Assembly Version of this Bill:: A7555
Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §§355.3, 756-a, 1088 & 1091, Fam Ct Act
Versions Introduced in 2019-2020 Legislative Session:: S6472, A7941

2017-S5472A - Summary

2017-S5472A - Sponsor Memo

                                
 
BILL NUMBER: S5472A

SPONSOR: AVELLA
 
TITLE OF BILL:  An act to amend the family court act, in relation to
reentry of former foster care children into foster care

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

Chapter 342 of the Laws of 2010, which permits youth who have "aged out"
of foster care at the age of 18 to reenter care, has provided a vital
"safety net" in cases where a youth would otherwise be facing homeless-
ness or other adverse outcomes. Enacted at the time that Federal foster
care assistance first became available for youth between the ages of 18
and 21, the statute has proven invaluable in preventing future societal
costs by ensuring that youth will have the support necessary to fulfill
the commitments that they must make in order to participate in educa-
tional or vocational programs as a condition of reentry into care.

This measure would clarify one aspect of the statute that has caused
some confusion, i. e. , the categories of former foster youth to which
the statute applies. "Former foster care youth" is not defined in Family

Court Article 10-B and although referenced in the permanency hearing
provisions (Family Court Act Article 10-A), no specific cross-references
are contained in provisions applicable to juvenile delinquents or
Persons in Need of Supervision (PINS). This measure would remedy that
gap by amending the post-dispositional provisions regarding extensions
of placement in the juvenile delinquency and PINS statutes (i.e., Family
Court Act §§ 355.3, 756-a(f)) to include references to section 1091 of
the Family Court Act. It would further amend section 1091 to add a defi-
nition of "former foster care youth" explicitly including youth placed
in foster care with local social services districts pursuant to juvenile
delinquency, PINS, child protective or destitute child adjudications and
voluntary placements, as well as children freed for adoption but not yet
adopted, whose guardianship and custody have been transferred to a local
social services district or authorized child care agency.  It also would
include the small number of juvenile delinquents placed by Family Courts
in counties outside New York City who were discharged from non-secure or
limited-secure care placements with the State Office of Children and
Family Services (0CFS).*

Significantly, in addition to the rare cases of youth who age out of
foster care at the age of 18, the measure also would apply to youth who
were discharged from foster care on or after attaining the age of 16 but
who are or are likely to be homeless unless returned to foster care.
Like youth who have "aged out," such youth would not be able to petition
to reenter foster care until they reach the age of 18. In order to
accommodate this category, instead of limiting the reentry application
to 24 months from discharge from foster care, the measure provides that
the reentry application must be made before former foster care youth
reach their 20th birthdays. The inclusion of these youth in the defi-
nition of "former foster care youth" is critically important as provid-
ers of services to runaway and homeless youth have reported a signif-
icant influx of these youth in their shelters - youth who would be
better served and for a longer period of time by a return to foster care
than by the temporary shelter available from these providers.


This measure would codify the only appellate ruling on the statute to
date and is consistent with the position taken by OCFS, the oversight
agency for foster care in New York. The Appellate Division, Second
Department, in Matter of Jefry H., 102 A.D.3d 132 (2nd Dept., 2012),
reversed a Family Court decision in which the judge had construed the
absence of specific language to mean that the statute did not cover PINS
cases. In holding that section 1091 of the Family Court Act does apply
to PINS who had been placed in foster care, the Appellate Division noted
that the rationale for enacting chapter 342 applies with equal force to
all foster care youth discharged from care. The Court further noted the
broad interpretation accorded to the scope of the statute by OCFS. Id
Consistent with Federal requirements to treat all categories of youth
eligible to receive foster care assistance under Title IV-E of the
Social Security Act identically, the OCFS, in its administrative memo-
randum to local social services districts, indicated that the statute
applied to all former foster care youth, including former foster care
youth placed with local departments of social services. See 11-OCFS
ADM-02 (March 3, 2011) at pps 2, 7.

Professor Merril Sobie, in his 2012 Practice Commentary to section
10911, indicated that "(t)he language strongly suggests that the statute
applies to each and every foster child, and is not limited to children
who have been placed as a result of an Article 10 (child protective)
proceeding." Writing before the Appellate Division reversal in Matter of
Jefry H., Prof. Sobie continued:

It would have been preferable if Article 10-B had been drafted to
explicitly apply to non-Article 10 placements. (See, by comparison,
Section 1087(a), which enumerates the placements for which Article 10-A
applies.) But the lack of an explicit provision is not necessarily
dispositive. It's difficult to conceive that the Legislature intended to
differentiate or discriminate between similarly situated "former foster
care youth", or that the legislative decision to craft a separate arti-
cle excludes non-Article 10 children (if Section 1091 was intended to be
limited to Article 10 placements, it would have presumably been added to
that Article). The issue will probably be raised and determined at the
Appellate Division level (unless the Legislature quickly amends Section
1091).

Predictably, most youth returning to foster care are those who had been
placed pursuant to child protective proceedings, but the option is
equally vital for those youth in the juvenile justice system who have
been placed with local social services districts. As the legislative
supporting memorandum for chapter 342 stated:

Although the Family Court Act permits (foster youth) 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.

(Assembly Mem in Support, Bill Jacket, L. 2010, c. 342 at 8).

The well-documented problems faced by these youth - increased incidence
of school drop-out, homelessness, unemployment, criminality and teen
pregnancy - are even more likely to afflict the vulnerable juvenile
justice population upon discharge from care. In its memos to the Gover-
nor regarding chapter 342, both the Division of the Budget and OCFS
noted the additional costs to counties from these adverse consequences
that would be averted by permitting the option for youth to reenter
foster care. See Memo of Division of the Budget and Letter from OCFS
General Counsel, Bill Jacket, L. 2010 c. 342. Codification of Matter of
Jefry H. through enactment of this measure, as well as extension of the
option to youth discharged prior to their 18th birthday, therefore, will
provide a cost-effective avenue to support particularly vulnerable youth
as they make the difficult transition from foster care to successful
productive and law-abiding adulthood.

This measure, which would have no fiscal impact on the State, would take
effect immediately.

 
2017-18 LEGISLATIVE HISTORY:

Senate 5472 (Sen. Avella) (ref to Children & Families)
Assembly 7555 (M. of A. Jaffee) (ordered to 3rd Rdg., Cal. 524)

 
2014 LEGISLATIVE HISTORY:

Senate 6815 (Senator Felder) (PASSED)

 
2013 LEGISLATIVE HISTORY:

Senate 4529-B (Senator Felder) (Veto Memo 226)
Assembly 7339-A (M. of A. Lupardo) (Veto Memo 226)


*With implementation of the "Close to Home" program in New York City,
the New York City's Family Court only places delinquent youth with the
New York City Administration for Children's Services, except for a small
number placed restrictively with OCFS, a category not covered by the
existing reentry statute or this measure.

2017-S5472A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5472--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 30, 2017
                                ___________
 
 Introduced by Sen. AVELLA -- (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 -- recommitted  to
   the  Committee on Children and Families in accordance with Senate Rule
   6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to amend the family court act, in relation to reentry of former
   foster care children into foster care
 
   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 RESPONDENT
 WHO  HAS  ATTAINED  THE AGE OF EIGHTEEN BUT IS LESS THAN TWENTY YEARS OF
 AGE MAY MOVE OR, WITH HIS OR HER CONSENT, MAY BE THE SUBJECT OF A MOTION
 TO REENTER FOSTER CARE IN ACCORDANCE WITH THE PROVISIONS OF SECTION  ONE
 THOUSAND NINETY-ONE OF THIS ACT, PROVIDED THAT:
   (I)  THE RESPONDENT WAS EITHER DISCHARGED FROM FOSTER CARE ON OR AFTER
 ATTAINING THE AGE OF EIGHTEEN DUE TO A FAILURE TO CONSENT TO THE CONTIN-
 UATION OF PLACEMENT OR WAS DISCHARGED  FROM  FOSTER  CARE  ON  OR  AFTER
 ATTAINING  THE  AGE  OF  SIXTEEN  BUT WHO IS OR IS LIKELY TO BE HOMELESS
 UNLESS RETURNED TO FOSTER CARE; AND
   (II) WHERE THE RESPONDENT HAD BEEN 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 PART, THE MOTION MAY  BE  MADE
 BY  A  SOCIAL SERVICES OFFICIAL; OR WHERE THE RESPONDENT HAD BEEN PREVI-
 OUSLY PLACED WITH THE STATE OFFICE OF CHILDREN AND FAMILY SERVICES FOR A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10273-03-8

 S. 5472--A                          2
 
 NON-SECURE OR LIMITED SECURE LEVEL OF CARE PURSUANT TO THIS  SECTION  OR
 SECTION  353.3  OR  355.1 OF THIS PART WHERE THE PLACEMENT WAS MADE IN A
 COUNTY THAT DOES NOT HAVE AN  APPROVED  "CLOSE  TO  HOME"  PROGRAM,  THE
 MOTION  MAY  BE  MADE BY AN OFFICIAL OF THE STATE OFFICE OF CHILDREN AND
 FAMILY SERVICES.
   § 2. Subdivision 6 of section  355.3  of  the  family  court  act,  as
 amended  by section 75 of part WWW of chapter 59 of the laws of 2017, 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 for acts
 committed before the respondent's sixteenth birthday  and  in  no  event
 past  [the  child's] HIS OR HER twenty-first birthday except as provided
 for in subdivision four of section 353.5 of this part.  A RESPONDENT WHO
 HAS ATTAINED THE AGE OF EIGHTEEN BUT IS LESS THAN TWENTY  YEARS  OF  AGE
 MAY  MOVE OR, WITH HIS OR HER CONSENT, MAY BE THE SUBJECT OF A MOTION TO
 REENTER FOSTER CARE IN ACCORDANCE WITH THE  PROVISIONS  OF  SECTION  ONE
 THOUSAND NINETY-ONE OF THIS ACT, PROVIDED THAT:
   (I)  THE RESPONDENT WAS EITHER DISCHARGED FROM FOSTER CARE ON OR AFTER
 ATTAINING THE AGE OF EIGHTEEN DUE TO A FAILURE TO CONSENT TO THE CONTIN-
 UATION OF PLACEMENT OR WAS DISCHARGED  FROM  FOSTER  CARE  ON  OR  AFTER
 ATTAINING  THE  AGE  OF  SIXTEEN  BUT WHO IS OR IS LIKELY TO BE HOMELESS
 UNLESS RETURNED TO FOSTER CARE; AND
   (II) WHERE THE RESPONDENT HAD BEEN 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 PART, THE MOTION MAY  BE  MADE
 BY  A  SOCIAL SERVICES OFFICIAL; OR WHERE THE RESPONDENT HAD BEEN PREVI-
 OUSLY PLACED WITH THE STATE OFFICE OF CHILDREN AND FAMILY SERVICES FOR A
 NON-SECURE OR LIMITED SECURE LEVEL OF CARE PURSUANT TO THIS  SECTION  OR
 SECTION  353.3  OR  355.1 OF THIS PART WHERE THE PLACEMENT WAS MADE IN A
 COUNTY THAT DOES NOT HAVE AN  APPROVED  "CLOSE  TO  HOME"  PROGRAM,  THE
 MOTION  MAY  BE  MADE BY AN OFFICIAL OF THE STATE OFFICE OF CHILDREN AND
 FAMILY SERVICES.
   § 3. 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
 ATTAINING  THE  AGE OF EIGHTEEN DUE TO A FAILURE TO CONSENT TO CONTINUA-
 TION OF PLACEMENT OR WAS DISCHARGED FROM FOSTER CARE ON OR AFTER ATTAIN-
 ING THE AGE OF SIXTEEN BUT WHO IS OR IS LIKELY  TO  BE  HOMELESS  UNLESS
 RETURNED  TO  FOSTER  CARE 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.
   § 4. Section 1088 of the family court act, as amended by  chapter  605
 of the laws of 2011, is amended to read as follows:
   § 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-

 S. 5472--A                          3
 
 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.
   § 5. Section 1091 of the family court act, as added by chapter 342  of
 the laws of 2010, is amended to read as follows:
   §  1091.  Motion to return to foster care placement.  (A) FOR PURPOSES
 OF THIS ARTICLE, "FORMER FOSTER CARE YOUTH" SHALL MEAN A YOUTH  WHO  HAS
 ATTAINED  THE AGE OF EIGHTEEN BUT IS UNDER THE AGE OF TWENTY-ONE AND WHO
 HAD BEEN:
   (1) DISCHARGED FROM FOSTER CARE ON OR AFTER ATTAINING THE AGE OF EIGH-
 TEEN DUE TO A FAILURE TO CONSENT  TO  CONTINUATION  IN  FOSTER  CARE  OR
 DISCHARGED FROM FOSTER CARE ON OR AFTER ATTAINING THE AGE OF SIXTEEN BUT
 WHO IS OR IS LIKELY TO BE HOMELESS UNLESS RETURNED TO FOSTER CARE; AND
   (2)(I)  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
   (II)  FREED  FOR ADOPTION IN ACCORDANCE WITH SECTION SIX HUNDRED THIR-
 TY-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
   (III) THE SUBJECT OF A MOTION TO RESTORE PARENTAL RIGHTS THAT HAD BEEN
 CONDITIONALLY GRANTED PURSUANT TO PARAGRAPH (III) OF SUBDIVISION (B)  OF
 SECTION SIX HUNDRED THIRTY-SEVEN OF THIS ACT; OR
   (IV)  PLACED  WITH  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES FOR A
 NON-SECURE OR LIMITED SECURE LEVEL OF CARE PURSUANT  TO  SECTION  353.3,
 355.1 OR 355.3 OF THIS ACT WHERE THE PLACEMENT WAS MADE IN A COUNTY THAT
 DOES NOT HAVE AN APPROVED "CLOSE TO HOME" PROGRAM.
   (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
 THE YOUTH WAS MOST RECENTLY DISCHARGED, OR,  IN  THE  CASE  OF  A  YOUTH
 PLACED  WITH  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE

 S. 5472--A                          4

 WITH SUBPARAGRAPH (IV) OF PARAGRAPH  TWO  OF  SUBDIVISION  (A)  OF  THIS
 SECTION, THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES,
 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]  THE APPLICABLE OFFICIAL OF THE local social services [official]
 DISTRICT, AUTHORIZED  AGENCY  OR  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  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)  (1)  WITH  RESPECT TO A FORMER FOSTER CARE YOUTH DISCHARGED ON OR
 AFTER HIS OR HER EIGHTEENTH BIRTHDAY, 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 eigh-
 teenth birthday.
   (2) WITH RESPECT TO A FORMER FOSTER CARE YOUTH DISCHARGED PRIOR TO HIS
 OR HER EIGHTEENTH BIRTHDAY, THE COURT SHALL NOT ENTERTAIN A MOTION FILED
 AFTER HIS OR HER TWENTIETH BIRTHDAY.
   [(a)] (D) A motion made pursuant to this [section] ARTICLE by [a]  THE
 APPLICABLE  OFFICIAL  OF  THE LOCAL social services [official] DISTRICT,
 AUTHORIZED AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES 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; AND
   (5) IN THE CASE OF A FORMER FOSTER YOUTH DISCHARGED FROM  FOSTER  CARE
 ON  OR  AFTER ATTAINING THE AGE OF SIXTEEN, THE YOUTH IS OR IS LIKELY TO
 BE HOMELESS UNLESS RETURNED TO 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  APPLICABLE OFFICIAL OF THE LOCAL social services [offi-
 cial] DISTRICT, AUTHORIZED AGENCY OR THE OFFICE OF CHILDREN  AND  FAMILY
 SERVICES.  Such motion shall show by affidavit or other evidence that:
   (1) the requirements outlined in paragraphs one, two and three AND, IF
 APPLICABLE,  PARAGRAPH FIVE of subdivision [(a)] (D) of this section are
 met; and
   (2) (I) the applicable OFFICIAL OF THE local social services district,
 AUTHORIZED AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES consents
 to the re-entry of such former foster care youth, or [if]
   (II) the applicable OFFICIAL OF THE local  social  services  district,
 AUTHORIZED  AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES 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 APPLICABLE local
 commissioner of social services or [other officer, board  or  department

 S. 5472--A                          5

 authorized to receive children as public charges] OFFICIAL OF THE APPLI-
 CABLE  AUTHORIZED  AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES,
 pending a final decision on the motion, the court may issue a  temporary
 order returning the youth to the custody of [the] SUCH local commission-
 er  of social services or other [officer, board or department authorized
 to receive children as public charges] OFFICIAL.
   (2) Where  the  APPLICABLE  OFFICIAL  OF  THE  local  social  services
 district,  AUTHORIZED  AGENCY  OR  THE  OFFICE  OF  CHILDREN  AND FAMILY
 SERVICES has refused to consent to the re-entry of a former foster  care
 youth,  and  where  it is alleged pursuant to SUBPARAGRAPH (II) OF para-
 graph 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-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 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 APPLICABLE local
 commissioner  of  social services or [other officer, board or department
 authorized to receive children as public charges] OFFICIAL OF THE APPLI-
 CABLE AUTHORIZED AGENCY OR THE OFFICE OF CHILDREN AND  FAMILY  SERVICES,
 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.
   §  6.  This  act  shall take effect immediately; provided however that
 section two of this act shall take effect on the same date  and  in  the
 same manner as section 75 of part WWW of chapter 59 of the laws of 2017,
 as amended, takes effect.

2017-S5472B (ACTIVE) - Details

See Assembly Version of this Bill:: A7555
Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §§355.3, 756-a, 1088 & 1091, Fam Ct Act
Versions Introduced in 2019-2020 Legislative Session:: S6472, A7941

2017-S5472B (ACTIVE) - Summary

2017-S5472B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5472B

SPONSOR: AVELLA
 
TITLE OF BILL:

An act to amend the family court act, in relation to reentry of former
foster care children into foster care

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

Chapter 342 of the Laws of 2010, which permits youth who have "aged out"
of foster care at the age of 18 to reenter care, has provided a vital
"safety net" in cases where a youth would otherwise be facing homeless-
ness or other adverse outcomes. Enacted at the time that Federal foster
care assistance first became available for youth between the ages of 18
and 21, the statute has proven invaluable in preventing future societal
costs by ensuring that youth will have the support necessary to fulfill
the commitments that they must make in order to participate in educa-
tional or vocational programs as a condition of reentry into care.

This measure would clarify one aspect of the statute that has caused

some confusion, i.e., the categories of former foster youth to which the
statute applies. "Former foster care youth" is not defined in Family
Court Article 10-B and although referenced in the permanency hearing
provisions (Family Court Act Article 10-A), no specific cross-references
are contained in provisions applicable to juvenile delinquents or
Persons in Need of Supervision (PINS). This measure would remedy that
gap by amending the post-dispositional provisions regarding extensions
of placement in the juvenile delinquency and PINS statutes (i.e., Family
Court Act §§ 355.3, 756-a(f)) to include references to section 1091 of
the Family Court Act. It would further amend section 1091 to add a defi-
nition of "former foster care youth" explicitly including youth placed
in foster care with local social services districts pursuant to juvenile
delinquency, PINS, child protective or destitute child adjudications and
voluntary placements, as well as children freed for adoption but not yet
adopted, whose guardianship and custody have been transferred to a local
social services district or authorized child care agency. It also would
include the small number of juvenile delinquents placed by Family Courts
in counties outside New York City who were discharged from non-secure or
limited-secure care placements with the State Office of Children and
Family Services (OCFS).{1}

Significantly, in addition to the rare cases of youth who age out of
foster care at the age of 18, the measure also would apply to youth who
were discharged from foster care on or after attaining the age of 16 but
who are or are likely to be homeless unless returned to foster care.
Like youth who have "aged out," such youth would not be able to petition
to reenter foster care until they reach the age of 18. In order to
accommodate this category, instead of limiting the reentry application
to 24 months from discharge from foster care, the measure provides that
the reentry application must be made before former foster care youth
reach their 20th birthdays. The inclusion of these youth in the defi-
nition of "former foster care youth" is critically important as provid-
ers of services to runaway and homeless youth have reported a signif-
icant influx of these youth in their shelters - youth who would be
better served and for a longer period of time by a return to foster care
than by the temporary shelter available from these providers.
This measure would codify the only appellate ruling on the statute to
date and is consistent with the position taken by OCFS, the oversight
agency for foster care in New York. The Appellate Division, Second
Department, in Matter of Jefry H., 102 A.D.3d 132 (2nd Dept., 2012),
reversed a Family Court decision in which the judge had construed the
absence of specific language to mean that the statute did not cover PINS
cases. In holding that section 1091 of the Family Court Act does apply
to PINS who had been placed in foster care, the Appellate Division noted
that the rationale for enacting chapter 342 applies with equal force to
all foster care youth discharged from care. The Court further noted the
broad interpretation accorded to the scope of the statute by OCFS. Id.
Consistent with Federal requirements to treat all categories of youth
eligible to receive foster care assistance under Title IV-E of the
Social Security Act identically, the OCFS, in its administrative memo-
randum to local social services districts, indicated that the statute
applied to all former foster care youth, including former foster care
youth placed with local departments of social services. See 11-OCFS
ADM-02 (March 3, 2011) at pps 2, 7.

Professor Merril Sobie, in his 2012 Practice Commentary to section
10911, indicated that "(t)he language strongly suggests that the statute
applies to each and every foster child, and is not limited to children
who have been placed as a result of an Article 10 (child protective)
proceeding." Writing before the Appellate Division reversal in Matter of
Jefry H., Prof. Sobie continued:

It would have been preferable if Article 10-B had been drafted to
explicitly apply to non-Article 10 placements. (See, by comparison,
Section 1087(a), which enumerates the placements for which Article 10-A
applies.) But the lack of an explicit provision is not necessarily
dispositive. It's difficult to conceive that the Legislature intended to
differentiate or discriminate between similarly situated "former foster
care youth", or that the legislative decision to craft a separate arti-
cle excludes non-Article 10 children (if Section 1091 was intended to be
limited to Article 10 placements, it would have presumably been added to
that Article). The issue will probably be raised and determined at the
Appellate Division level (unless the Legislature quickly amends Section
1091).

Predictably, most youth returning to foster care are those who had been
placed pursuant to child protective proceedings, but the option is
equally vital for those youth in the juvenile justice system who have
been placed with local social services districts. As the legislative
supporting memorandum for chapter 342 stated:

Although the Family Court Act permits (foster youth) 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.

(Assembly Mem in Support, Bill Jacket, L. 2010, c. 342 at 8).

The well-documented problems faced by these youth - increased incidence
of school drop-out, homelessness, unemployment, criminality and teen
pregnancy - are even more likely to afflict the vulnerable juvenile
justice population upon discharge from care. In its memos to the Gover-
nor regarding chapter 342, both the Division of the Budget and OCFS
noted the additional costs to counties from these adverse consequences
that would be averted by permitting the option for youth to reenter
foster care. See Memo of Division of the Budget and Letter from OCFS
General Counsel, Bill Jacket, L. 2010 c. 342. Codification of Matter of
Jefry H. through enactment of this measure, as well as extension of the
option to youth discharged prior to their 18th birthday, therefore, will
provide a cost-effective avenue to support particularly vulnerable youth
as they make the difficult transition from foster care to successful
productive and law-abiding adulthood.  This measure, which would have no
fiscal impact on the State, would take effect immediately.

 
2017-18 LEGISLATIVE HISTORY:

Senate 5472 (Sen. Avella) (amended and recommitted to Children & Fami-
lies, S. 5472-A)
Assembly 7555 (M. of A. Jaffee) (amended on 3rd Rdg., A. 7555-A)

 
2014 LEGISLATIVE HISTORY:

Senate 6815 (Senator Felder) (PASSED)

 
2013 LEGISLATIVE HISTORY:

Senate 4529-B (Senator Felder) (Veto Memo 226)
Assembly 7339-A (M. of A. Lupardo) (Veto Memo 226)

{1} With implementation of the "Close to Home" program in New York City,
the New York City's Family Court only places delinquent youth with the
New York City Administration for Children's Services, except for a small
number placed restrictively with OCFS, a category not covered by the
existing reentry statute or this measure.

2017-S5472B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5472--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 30, 2017
                                ___________
 
 Introduced by Sen. AVELLA -- (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 -- recommitted  to
   the  Committee on Children and Families in accordance with Senate Rule
   6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
   amended  and  recommitted  to  said committee -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to amend the family court act, in relation to reentry of former
   foster care children into foster care
 
   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 RESPONDENT
 WHO  HAS  ATTAINED THE AGE OF EIGHTEEN BUT IS LESS THAN TWENTY-ONE YEARS
 OF AGE MAY MOVE OR, WITH HIS OR HER CONSENT, MAY BE  THE  SUBJECT  OF  A
 MOTION  TO  REENTER  FOSTER  CARE  IN  ACCORDANCE WITH THE PROVISIONS OF
 SECTION ONE THOUSAND NINETY-ONE OF THIS ACT, PROVIDED THAT:
   (I) THE RESPONDENT WAS EITHER DISCHARGED FROM FOSTER CARE ON OR  AFTER
 ATTAINING THE AGE OF EIGHTEEN DUE TO A FAILURE TO CONSENT TO THE CONTIN-
 UATION  OF  PLACEMENT  OR  WAS  DISCHARGED  FROM FOSTER CARE ON OR AFTER
 ATTAINING THE AGE OF SIXTEEN BUT WHO IS OR  IS  LIKELY  TO  BE  HOMELESS
 UNLESS RETURNED TO FOSTER CARE; AND
   (II)  WHERE  THE  RESPONDENT HAD BEEN 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 PART, THE MOTION MAY BE MADE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10273-04-8

 S. 5472--B                          2
 
 BY A SOCIAL SERVICES OFFICIAL; OR WHERE THE RESPONDENT HAD  BEEN  PREVI-
 OUSLY PLACED WITH THE STATE OFFICE OF CHILDREN AND FAMILY SERVICES FOR A
 NON-SECURE  OR  LIMITED SECURE LEVEL OF CARE PURSUANT TO THIS SECTION OR
 SECTION  353.3  OR  355.1 OF THIS PART WHERE THE PLACEMENT WAS MADE IN A
 COUNTY THAT DOES NOT HAVE AN  APPROVED  "CLOSE  TO  HOME"  PROGRAM,  THE
 MOTION  MAY  BE  MADE BY AN OFFICIAL OF THE STATE OFFICE OF CHILDREN AND
 FAMILY SERVICES.
   § 2. Subdivision 6 of section  355.3  of  the  family  court  act,  as
 amended  by section 75 of part WWW of chapter 59 of the laws of 2017, 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 for acts
 committed before the respondent's sixteenth birthday  and  in  no  event
 past  [the  child's] HIS OR HER twenty-first birthday except as provided
 for in subdivision four of section 353.5 of this part.  A RESPONDENT WHO
 HAS ATTAINED THE AGE OF EIGHTEEN BUT IS LESS THAN  TWENTY-ONE  YEARS  OF
 AGE MAY MOVE OR, WITH HIS OR HER CONSENT, MAY BE THE SUBJECT OF A MOTION
 TO  REENTER FOSTER CARE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE
 THOUSAND NINETY-ONE OF THIS ACT, PROVIDED THAT:
   (I) THE RESPONDENT WAS EITHER DISCHARGED FROM FOSTER CARE ON OR  AFTER
 ATTAINING THE AGE OF EIGHTEEN DUE TO A FAILURE TO CONSENT TO THE CONTIN-
 UATION  OF  PLACEMENT  OR  WAS  DISCHARGED  FROM FOSTER CARE ON OR AFTER
 ATTAINING THE AGE OF SIXTEEN BUT WHO IS OR  IS  LIKELY  TO  BE  HOMELESS
 UNLESS RETURNED TO FOSTER CARE; AND
   (II)  WHERE  THE  RESPONDENT HAD BEEN 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 PART, THE MOTION MAY BE MADE
 BY A SOCIAL SERVICES OFFICIAL; OR WHERE THE RESPONDENT HAD  BEEN  PREVI-
 OUSLY PLACED WITH THE STATE OFFICE OF CHILDREN AND FAMILY SERVICES FOR A
 NON-SECURE  OR  LIMITED SECURE LEVEL OF CARE PURSUANT TO THIS SECTION OR
 SECTION 353.3 OR 355.1 OF THIS PART WHERE THE PLACEMENT WAS  MADE  IN  A
 COUNTY  THAT  DOES  NOT  HAVE  AN  APPROVED "CLOSE TO HOME" PROGRAM, THE
 MOTION MAY BE MADE BY AN OFFICIAL OF THE STATE OFFICE  OF  CHILDREN  AND
 FAMILY SERVICES.
   §  3.  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
 ATTAINING THE AGE OF EIGHTEEN DUE TO A FAILURE TO CONSENT  TO  CONTINUA-
 TION OF PLACEMENT OR WAS DISCHARGED FROM FOSTER CARE ON OR AFTER ATTAIN-
 ING  THE  AGE  OF  SIXTEEN BUT WHO IS OR IS LIKELY TO BE HOMELESS UNLESS
 RETURNED TO FOSTER CARE 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.
   §  4.  Section 1088 of the family court act, as amended by chapter 605
 of the laws of 2011, is amended to read as follows:
   § 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

 S. 5472--B                          3
 
 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.
   § 5. Section 1091 of the family court act, as added by chapter 342  of
 the laws of 2010, is amended to read as follows:
   §  1091.  Motion to return to foster care placement.  (A) FOR PURPOSES
 OF THIS ARTICLE, "FORMER FOSTER CARE YOUTH" SHALL MEAN A YOUTH  WHO  HAS
 ATTAINED  THE AGE OF EIGHTEEN BUT IS UNDER THE AGE OF TWENTY-ONE AND WHO
 HAD BEEN:
   (1) DISCHARGED FROM FOSTER CARE ON OR AFTER ATTAINING THE AGE OF EIGH-
 TEEN DUE TO A FAILURE TO CONSENT  TO  CONTINUATION  IN  FOSTER  CARE  OR
 DISCHARGED FROM FOSTER CARE ON OR AFTER ATTAINING THE AGE OF SIXTEEN BUT
 WHO IS OR IS LIKELY TO BE HOMELESS UNLESS RETURNED TO FOSTER CARE; AND
   (2)(I)  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
   (II)  FREED  FOR ADOPTION IN ACCORDANCE WITH SECTION SIX HUNDRED THIR-
 TY-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
   (III) THE SUBJECT OF A MOTION TO RESTORE PARENTAL RIGHTS THAT HAD BEEN
 CONDITIONALLY GRANTED PURSUANT TO PARAGRAPH (III) OF SUBDIVISION (B)  OF
 SECTION SIX HUNDRED THIRTY-SEVEN OF THIS ACT; OR
   (IV)  PLACED  WITH  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES FOR A
 NON-SECURE OR LIMITED SECURE LEVEL OF CARE PURSUANT  TO  SECTION  353.3,
 355.1 OR 355.3 OF THIS ACT WHERE THE PLACEMENT WAS MADE IN A COUNTY THAT
 DOES NOT HAVE AN APPROVED "CLOSE TO HOME" PROGRAM.
   (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

 S. 5472--B                          4
 
 THE YOUTH WAS MOST RECENTLY DISCHARGED, OR,  IN  THE  CASE  OF  A  YOUTH
 PLACED  WITH  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE
 WITH SUBPARAGRAPH (IV) OF PARAGRAPH  TWO  OF  SUBDIVISION  (A)  OF  THIS
 SECTION, THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES,
 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] THE APPLICABLE OFFICIAL OF THE local social  services  [official]
 DISTRICT,  AUTHORIZED  AGENCY  OR  THE  OFFICE  OF  CHILDREN  AND FAMILY
 SERVICES 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) (1) WITH RESPECT TO A FORMER FOSTER CARE YOUTH  DISCHARGED  ON  OR
 AFTER  HIS  OR  HER EIGHTEENTH BIRTHDAY, 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 eigh-
 teenth birthday.
   (2) WITH RESPECT TO A FORMER FOSTER CARE YOUTH DISCHARGED PRIOR TO HIS
 OR HER EIGHTEENTH BIRTHDAY, THE COURT SHALL NOT ENTERTAIN A MOTION FILED
 AFTER HIS OR HER TWENTY-FIRST BIRTHDAY.
   [(a)]  (D) A motion made pursuant to this [section] ARTICLE by [a] THE
 APPLICABLE OFFICIAL OF THE LOCAL social  services  [official]  DISTRICT,
 AUTHORIZED AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES 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; AND
   (5)  IN  THE CASE OF A FORMER FOSTER YOUTH DISCHARGED FROM FOSTER CARE
 ON OR AFTER ATTAINING THE AGE OF SIXTEEN, THE YOUTH IS OR IS  LIKELY  TO
 BE HOMELESS UNLESS RETURNED TO 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 APPLICABLE OFFICIAL OF THE LOCAL  social  services  [offi-
 cial]  DISTRICT,  AUTHORIZED AGENCY OR THE OFFICE OF CHILDREN AND FAMILY
 SERVICES.  Such motion shall show by affidavit or other evidence that:
   (1) the requirements outlined in paragraphs one, two and three AND, IF
 APPLICABLE, PARAGRAPH FIVE of subdivision [(a)] (D) of this section  are
 met; and
   (2) (I) the applicable OFFICIAL OF THE local social services district,
 AUTHORIZED AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES consents
 to the re-entry of such former foster care youth, or [if]
   (II)  the  applicable  OFFICIAL OF THE local social services district,
 AUTHORIZED AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES  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

 S. 5472--B                          5
 
 to be returned immediately  to  the  custody  of  the  APPLICABLE  local
 commissioner  of  social services or [other officer, board or department
 authorized to receive children as public charges] OFFICIAL OF THE APPLI-
 CABLE  AUTHORIZED  AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES,
 pending a final decision on the motion, the court may issue a  temporary
 order returning the youth to the custody of [the] SUCH local commission-
 er  of social services or other [officer, board or department authorized
 to receive children as public charges] OFFICIAL.
   (2) Where  the  APPLICABLE  OFFICIAL  OF  THE  local  social  services
 district,  AUTHORIZED  AGENCY  OR  THE  OFFICE  OF  CHILDREN  AND FAMILY
 SERVICES has refused to consent to the re-entry of a former foster  care
 youth,  and  where  it is alleged pursuant to SUBPARAGRAPH (II) OF para-
 graph 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-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 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 APPLICABLE local
 commissioner  of  social services or [other officer, board or department
 authorized to receive children as public charges] OFFICIAL OF THE APPLI-
 CABLE AUTHORIZED AGENCY OR THE OFFICE OF CHILDREN AND  FAMILY  SERVICES,
 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.
   §  6.  This  act  shall take effect immediately; provided however that
 section two of this act shall take effect on the same date  and  in  the
 same manner as section 75 of part WWW of chapter 59 of the laws of 2017,
 as amended, takes effect.

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Senate Bill S5472B

Sponsored By

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

Jun 6, 2017 - Children And Families Committee Vote

Children And Families Committee Vote: Jun 6, 2017

Bill Amendments

2017-S5472 - Details

2017-S5472 - Summary

2017-S5472 - Sponsor Memo

2017-S5472 - Bill Text download pdf

2017-S5472A - Details

2017-S5472A - Summary

2017-S5472A - Sponsor Memo

2017-S5472A - Bill Text download pdf

2017-S5472B (ACTIVE) - Details

2017-S5472B (ACTIVE) - Summary

2017-S5472B (ACTIVE) - Sponsor Memo

2017-S5472B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5472B

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Sponsored By

Tony Avella

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

Bill Amendments

2017-S5472 - Details

2017-S5472 - Summary

2017-S5472 - Sponsor Memo

2017-S5472 - Bill Text download pdf

2017-S5472A - Details

2017-S5472A - Summary

2017-S5472A - Sponsor Memo

2017-S5472A - Bill Text download pdf

2017-S5472B (ACTIVE) - Details

2017-S5472B (ACTIVE) - Summary

2017-S5472B (ACTIVE) - Sponsor Memo

2017-S5472B (ACTIVE) - Bill Text download pdf

Comments