senate Bill S8834

2019-2020 Legislative Session

Authorizes former foster care youth to re-enter foster care during the COVID-19 state of emergency

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 23, 2020 returned to senate
passed assembly
ordered to third reading rules cal.295
substituted for a10581b
referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.1032
Jul 20, 2020 referred to rules

S8834 (ACTIVE) - Details

See Assembly Version of this Bill:
A10581
Law Section:
Family Court Act
Laws Affected:
Amd §§1055 & 1091, Fam Ct Act

S8834 (ACTIVE) - Summary

Authorizes former foster care youth who have been discharged from foster care to return to foster care placement during the COVID-19 state of emergency without requiring such children to file a motion authorizing their return to foster care placement and places a temporary moratorium on aging out of foster care during a state of emergency.

S8834 (ACTIVE) - Sponsor Memo

S8834 (ACTIVE) - Bill Text download pdf


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

                                  8834

                            I N  S E N A T E

                              July 20, 2020
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the family court act, in relation to the placement of  a
  former foster care youth during a certain state of emergency

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

  Section 1. 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)  (I)  No  placement  may  be  made or continued under this section
beyond the child's eighteenth birthday without his or her consent and in
no event past his or her twenty-first birthday. However, a former foster
care youth under the age of twenty-one  who  was  previously  discharged
from  foster  care due to a failure to consent to continuation of place-
ment may make a motion pursuant to section one  thousand  ninety-one  of
this  act  to  return to the custody of the local commissioner of social
services or other officer, board or  department  authorized  to  receive
children  as  public  charges. In such motion, the youth must consent to
enrollment in and attendance at a vocational or educational  program  in
accordance with paragraph two of subdivision (a) of section one thousand
ninety-one of this act. (II) PROVIDED, HOWEVER, THAT DURING THE STATE OF
EMERGENCY  DECLARED  PURSUANT TO EXECUTIVE ORDER 202 OF 2020 IN RESPONSE
TO THE NOVEL CORONAVIRUS (COVID-19) PANDEMIC, A FORMER FOSTER CARE YOUTH
MAY REQUEST 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 WITHOUT MAKING A MOTION PURSUANT TO SECTION
ONE THOUSAND NINETY-ONE OF THIS ACT AND ANY REQUIREMENT TO ENROLL IN AND
ATTEND A VOCATIONAL OR EDUCATIONAL PROGRAM SHALL BE WAIVED FOR THE DURA-
TION OF THE STATE OF EMERGENCY; PROVIDED FURTHER, HOWEVER, THAT DURING A
STATE OF EMERGENCY, THE LOCAL COMMISSIONER OF SOCIAL SERVICES  OR  OTHER
OFFICER,  BOARD  OR  DEPARTMENT AUTHORIZED TO RECEIVE CHILDREN AS PUBLIC
CHARGES SHALL BE AUTHORIZED TO  PLACE  SUCH  FORMER  FOSTER  CARE  YOUTH
REQUESTING  TO  RETURN  TO  FOSTER CARE PLACEMENT; AND PROVIDED FURTHER,
HOWEVER, THAT THE LOCAL COMMISSIONER OF SOCIAL SERVICES OR  OTHER  OFFI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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