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Assembly Bill A10510A

2019-2020 Legislative Session

Establishes a temporary moratorium on aging out of foster care and allows certain children to return to foster care

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2019-A10510 - Details

Current Committee:
Assembly Children And Families
Law Section:
Social Services

2019-A10510 - Summary

Establishes a six-month moratorium on aging out of foster care allowing such children and their foster parents or caregivers to continue receiving the benefits they were eligible for prior to such child aging out and also allows children who are eligible to return to foster care upon court approval to return to foster care without such court approval and waives requirements that such children participate in vocational and educational programs; provides for the repeal of such provisions upon the expiration thereof.

2019-A10510 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10510
 
                           I N  A S S E M B L Y
 
                               May 22, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Barrett) --
   read once and referred to the Committee on Children and Families
 
 AN ACT to establish a six-month moratorium on aging out of foster  care;
   and providing for the repeal of such provisions upon expiration there-
   of
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any other law, rule, or regulation  to  the
 contrary,  the state shall place a six-month moratorium on the aging out
 of children in the foster care system.  During such moratorium, children
 who obtain the age of eighteen and would be  prohibited  from  receiving
 benefits  from  the  foster care system shall not be removed from foster
 care and the foster child and foster parents or other  caregivers  shall
 continue  to receive any benefits such child, parents or caregivers were
 entitled to receive prior to such child reaching the  age  of  eighteen,
 including,  but  not  limited  to, the provision of housing and monetary
 benefits, for the duration of such moratorium.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed one hundred eighty days after such effective date.
 
 

 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16495-01-0

co-Sponsors

2019-A10510A - Details

Current Committee:
Assembly Children And Families
Law Section:
Social Services

2019-A10510A - Summary

Establishes a six-month moratorium on aging out of foster care allowing such children and their foster parents or caregivers to continue receiving the benefits they were eligible for prior to such child aging out and also allows children who are eligible to return to foster care upon court approval to return to foster care without such court approval and waives requirements that such children participate in vocational and educational programs; provides for the repeal of such provisions upon the expiration thereof.

2019-A10510A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10510--A
 
                           I N  A S S E M B L Y
 
                               May 22, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Barrett) --
   read once and referred to the Committee on Children  and  Families  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to establish a six-month moratorium on aging out of  foster  care
   and  allowing certain children to return to foster care; and providing
   for the repeal of such provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Notwithstanding any other law, rule, or regulation to the
 contrary, the state shall place a moratorium on the aging out  of  chil-
 dren  in  the foster care system. Such moratorium shall continue for six
 months after the expiration of the declared state of emergency  relating
 to the novel coronavirus (COVID-19). During such moratorium:
   1. children who obtain an age which, under normal circumstances, would
 prohibit  them from receiving benefits from the foster care system shall
 not be removed from foster care and the foster child and foster  parents
 or  other  caregivers shall continue to receive any benefits such child,
 parents or caregivers were entitled  to  receive  prior  to  such  child
 reaching such age, including, but not limited to, the provision of hous-
 ing and monetary benefits, for the duration of such moratorium.
   2.  children  who  have  been  discharged from foster care but who are
 eligible to return to foster care upon court approval shall be  eligible
 to  return  to  foster care without first obtaining such court approval.
 Local social services districts shall grant such return to  foster  care
 and  any  requirements  for  participation in vocational and educational
 programs shall be waived for the duration of the moratorium.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed  repealed  one  hundred  eighty  days after the expiration of the
 declared state of emergency relating to the  novel  coronavirus  (COVID-
 19);  and  provided,  further,  that the commissioner of social services
 shall notify the legislative bill drafting commission  upon  the  occur-
 rence  of  the  expiration  of  the state disaster emergency declared by
 executive order number 202 and any further amendments or  modifications,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

2019-A10510B (ACTIVE) - Details

Current Committee:
Assembly Children And Families
Law Section:
Social Services

2019-A10510B (ACTIVE) - Summary

Establishes a six-month moratorium on aging out of foster care allowing such children and their foster parents or caregivers to continue receiving the benefits they were eligible for prior to such child aging out and also allows children who are eligible to return to foster care upon court approval to return to foster care without such court approval and waives requirements that such children participate in vocational and educational programs; provides for the repeal of such provisions upon the expiration thereof.

2019-A10510B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10510--B
 
                           I N  A S S E M B L Y
 
                               May 22, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Barrett,
   Jaffee, Hevesi) -- read once and referred to the Committee on Children
   and Families -- committee discharged, bill amended, ordered  reprinted
   as  amended  and  recommitted to said committee -- again reported from
   said committee with  amendments,  ordered  reprinted  as  amended  and
   recommitted to said committee

 AN  ACT  to establish a temporary moratorium on aging out of foster care
   and allowing certain children to return to foster care; and  providing
   for the repeal of such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any other law, rule, or regulation  to  the
 contrary,  the  state shall place a moratorium on the aging out of chil-
 dren in the foster care system. Such moratorium shall continue  for  six
 months  after  the  governor  has  declared  that the state of emergency
 relating to the novel coronavirus  (COVID-19)  has  ended.  During  such
 moratorium:
   1. children who reach the age of twenty-one while in foster care shall
 not  be  removed from foster care and shall have the option to remain in
 foster care, and no youth who is over  the  age  of  eighteen  shall  be
 discharged from foster care without the express consent of the youth and
 the  youth's  attorney, and the foster child and foster parents or other
 caregivers shall continue to receive any benefits such child, parents or
 caregivers were entitled to receive prior to such  child  reaching  such
 age,  including,  but not limited to, the provision of housing and mone-
 tary benefits, for the duration of such moratorium.
   2. any former foster youth who requests to return to foster  care,  as
 provided for in Article 10-B of the Family Court Act, shall be permitted
 to  return  to  placement upon request without obtaining court approval,
 and any requirement  for  participation  in  vocational  or  educational
 programs shall be waived for the duration of the moratorium provided for
 in this legislation.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed one hundred eighty days after the governor has  declared
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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