senate Bill S8470B

2019-2020 Legislative Session

Authorizes former foster care youth who have been discharged from foster care to return during the COVID-19 state of emergency and places a moratorium on aging out of foster care during the state of emergency

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 21, 2020 reported and committed to rules
Jul 20, 2020 reported and committed to finance
Jul 13, 2020 print number 8470b
Jul 13, 2020 amend (t) and recommit to children and families
Jul 08, 2020 print number 8470a
Jul 08, 2020 amend (t) and recommit to children and families
Jun 03, 2020 referred to children and families

Votes

view votes

Jul 21, 2020 - Finance committee Vote

S8470B
23
0
committee
23
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Finance committee vote details

Jul 20, 2020 - Children and Families committee Vote

S8470B
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: Jul 20, 2020

Co-Sponsors

S8470 - Details

Current Committee:
Senate Rules
Law Section:
Family Court Act
Laws Affected:
Amd §§1055 & 1091, Fam Ct Act

S8470 - 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.

S8470 - Sponsor Memo

S8470 - Bill Text download pdf


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

                                  8470

                            I N  S E N A T E

                              June 3, 2020
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- 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  the  placement  of
  children under the age of twenty-one during a 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)  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. PROVIDED, HOWEVER, THAT DURING A STATE OF EMER-
GENCY, 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 DURATION 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 OFFICER,  BOARD  OR  DEPARTMENT  AUTHORIZED  TO
RECEIVE  CHILDREN  AS  PUBLIC CHARGES SHALL, WHEN DETERMINING WHETHER TO

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

Co-Sponsors

S8470A - Details

Current Committee:
Senate Rules
Law Section:
Family Court Act
Laws Affected:
Amd §§1055 & 1091, Fam Ct Act

S8470A - 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.

S8470A - Sponsor Memo

S8470A - Bill Text download pdf


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

                                 8470--A

                            I N  S E N A T E

                              June 3, 2020
                               ___________

Introduced by Sens. MONTGOMERY, HOYLMAN -- read twice and ordered print-
  ed,  and when printed to be committed to the Committee on Children and
  Families -- committee discharged, bill amended, ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend the family court act, in relation to the placement of
  children under the age of twenty-one during and  shortly  following  a
  state  of  emergency; and to establish a temporary moratorium on aging
  out of foster care at the age of twenty-one during and shortly follow-
  ing a 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) 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, EXCEPT PURSUANT TO SUBDIVI-
SION (K) OF THIS SECTION. 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  placement  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.
PROVIDED, HOWEVER, THAT DURING A STATE OF EMERGENCY AND FOR ONE  HUNDRED
EIGHTY  DAYS  FOLLOWING  THE  END  OF  SUCH STATE OF EMERGENCY, 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 REQUIRE-
MENT REGARDING PARTICIPATION IN  A  VOCATIONAL  OR  EDUCATIONAL  PROGRAM
SHALL  BE  WAIVED FOR THE DURATION OF THE STATE OF EMERGENCY AND FOR ONE

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

Co-Sponsors

S8470B (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Family Court Act
Laws Affected:
Amd §§1055 & 1091, Fam Ct Act

S8470B (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.

S8470B (ACTIVE) - Sponsor Memo

S8470B (ACTIVE) - Bill Text download pdf


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

                                 8470--B

                            I N  S E N A T E

                              June 3, 2020
                               ___________

Introduced by Sens. MONTGOMERY, HOYLMAN -- read twice and ordered print-
  ed,  and when printed to be committed to the Committee on Children and
  Families -- 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 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) 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. 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

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

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