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

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2020 print number 10510b
Jun 17, 2020 amend (t) and recommit to children and families
May 28, 2020 print number 10510a
May 28, 2020 amend (t) and recommit to children and families
May 22, 2020 referred to children and families

A10510 - Details

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

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.

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

A10510A - Details

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

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.

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

view additional co-sponsors

A10510B (ACTIVE) - Details

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

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.

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