NY State Senate Bill 2019-S8470B

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

Archive: Last Bill Status - In Senate Committee Rules 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

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

	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

- Jul 21, 2020 - Finance Committee Vote
  S8470B
  
  23
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Jul 21, 2020
      
      aye (23)
      
      Bailey
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Thomas
  Jul 20, 2020 - Children And Families Committee Vote
  S8470B
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Jul 20, 2020
      
      aye (7)
      
      Felder
      
      Kaplan
      
      Montgomery
      
      Persaud
      
      Salazar
      
      Serino
      
      Tedisco

Bill Amendments

Original

B (Active)

co-Sponsors

2019-S8470 - Details

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

2019-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.

2019-S8470 - Sponsor Memo

                                
 
BILL NUMBER: S8470

SPONSOR: MONTGOMERY
 
TITLE OF BILL:

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

 
PURPOSE:

To allow youth under the age of 21 who have been discharged from the
foster care system the ability to re-enter without submitting a motion
to the Courts in the event of a state of emergency.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 1055(e) of the Family Court Act to allow youth
under 21 who were discharged from the foster care system to re-enter at
the discretion of the local social services department(instead of the
court) who will consider the factors the court would have to in the
state of an emergency.

Section 2 amends section 1091 of the Family Court Act to stipulate that
during a state of emergency, former foster care youth can re-enter the
foster care system without making a motion to the court, and that any
requirement to enroll and attend an educational or vocational program
will be waived for the duration of the state of emergency.

 
EXISTING LAW:

N/A

 
JUSTIFICATION:

Under existing law, young adults can return to foster care when they
have no alternative and agree to participate in a vocational or educa-
tional program, upon the approval of the Family Court. Because access to
court can be severely restricted in the event of a state of emergency,
requests for assistance by youth between ages 18 and 21 should be auto-
matically granted by the local social services districts. Requirements
for participation in vocational and educational programs should be
temporarily waived so as not to serve as a barrier to re-entry during
the crisis.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:  TBD

 
LOCAL FISCAL IMPLICATIONS:

n/a

 
EFFECTIVE DATE:
Immediately.

2019-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

                       [ ] is old law to be omitted.
                                                            LBD16556-02-0

 S. 8470                             2
 
 RETURN SUCH FORMER FOSTER CARE YOUTH TO FOSTER CARE PLACEMENT, TAKE INTO
 CONSIDERATION THE FACTORS THE COURT WOULD TAKE INTO  CONSIDERATION  UPON
 MAKING  SUCH  A DETERMINATION TO RETURN A CHILD TO FOSTER CARE PLACEMENT
 PURSUANT TO SECTION ONE THOUSAND NINETY-ONE OF THIS ACT.
   § 2. The opening paragraph of section 1091 of the family court act, as
 added by chapter 342 of the laws of 2010, is amended to read as follows:
   A  motion  to return a former foster care youth under the age of twen-
 ty-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, may be made by such former foster
 care youth, or by a local social services official 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  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 birthday; PROVIDED
 FURTHER, HOWEVER, THAT DURING A STATE OF EMERGENCY, A FORMER FOSTER CARE
 YOUTH SHALL BE ENTITLED TO RETURN TO THE CUSTODY OF  THE  LOCAL  COMMIS-
 SIONER  OF SOCIAL SERVICES OR OTHER OFFICER, BOARD OR DEPARTMENT AUTHOR-
 IZED TO RECEIVE CHILDREN AS  PUBLIC  CHARGES  WITHOUT  MAKING  A  MOTION
 PURSUANT  TO  THIS  SECTION  AND ANY REQUIREMENT TO ENROLL AND ATTEND AN
 EDUCATIONAL OR VOCATIONAL PROGRAM SHALL BE WAIVED FOR  THE  DURATION  OF
 THE STATE OF EMERGENCY.
   § 3. This act shall take effect immediately.

co-Sponsors

2019-S8470A - Details

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

2019-S8470A - Summary

2019-S8470A - Sponsor Memo

                                
 
BILL NUMBER: S8470a

SPONSOR: MONTGOMERY
 
TITLE OF BILL:

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 following a
state of emergency

 
PURPOSE:

To allow youth under the age of 21 who have been discharged from the
foster care system the ability to re-enter without submitting a motion
to the Courts, and to provide the ability for youth in foster care to
remain in care after age 21, during a state of emergency and for 180
days following the end of such emergency.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 1055(e) of the Family Court Act to allow youth
under 21 who were discharged from the foster care system to re-enter at
the youth's request during the state of an emergency and for at least
180 days following the end of such emergency. Local departments of
social services shall not deny any such requests made pursuant to this
section.

Section 2 amends section 1055 of the Family Court Act by creating subdi-
vision (j), establishing the option for youth in foster care to remain
in care after they reach the age of 21, and prohibits discharge from
foster care of youth between the ages of 18 and 21 without the express
consent of the youth and their attorney, during a state of emergency and
for at least 180 days following the end of such emergency.

Section 3 amends section 1091 of the Family Court Act to stipulate that
during a state of emergency and for 180 days following the end of such
emergency, former foster care youth can re-enter the foster care system
without making a motion to the court, and that any requirement to enroll
and attend an educational or vocational program will be waived for the
duration of the state of emergency and for 180 days following the end of
such emergency.

 
EXISTING LAW:

N/A

 
JUSTIFICATION:

Under existing law, youth are discharged from foster care when they turn
21, and young adults can return to foster care when they have no alter-
native and agree to participate in a vocational or educational program,
upon the approval of the Family Court. Because access to court can be
severely restricted in the event of a state of emergency, requests for
assistance by youth between ages 18 and 21 should be automatically
granted by the local social services districts. Requirements for partic-
ipation in vocational and educational programs should be temporarily
waived so as not to serve as a barrier to re-entry during the crisis and
180 days following the end of a state of emergency. Similarly, because
youth discharged from foster care are extremely vulnerable due to the
lack of employment opportunities, difficulty in completing educational
programs, and restrictions on accessing housing, it is necessary to
permit youth to remain in foster care after they turn 21 during a state
of emergency and 180 days following, to mitigate significant risk of
homelessness and housing instability, hunger and food insecurity, and
limited access to other critical health and safety supports that are
available.to youth in foster care.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

TBD

 
LOCAL FISCAL IMPLICATIONS:

n/a

 
EFFECTIVE DATE:
Immediately.

2019-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

                       [ ] is old law to be omitted.
                                                            LBD16556-05-0

 S. 8470--A                          2
 
 HUNDRED EIGHTY DAYS FOLLOWING THE END OF SUCH STATE OF EMERGENCY. DURING
 STATE OF EMERGENCY AND ONE HUNDRED EIGHTY DAYS FOLLOWING THE END OF SUCH
 STATE OF EMERGENCY, THE LOCAL COMMISSIONER OF SOCIAL SERVICES  OR  OTHER
 OFFICER,  BOARD  OR  DEPARTMENT AUTHORIZED TO RECEIVE CHILDREN AS PUBLIC
 CHARGES SHALL GRANT THE REQUEST OF ANY SUCH FORMER FOSTER CARE YOUTH  TO
 RETURN TO FOSTER CARE PLACEMENT.
   §  2.  Section 1055 of the family court act is amended by adding a new
 subdivision (k) to read as follows:
   (K) DURING A STATE OF  EMERGENCY  AND  FOR  ONE  HUNDRED  EIGHTY  DAYS
 FOLLOWING  THE END OF SUCH STATE OF EMERGENCY, THE LOCAL COMMISSIONER OF
 SOCIAL SERVICES OR OTHER OFFICER,  BOARD  OR  DEPARTMENT  AUTHORIZED  TO
 RECEIVE  CHILDREN  AS PUBLIC CHARGES SHALL NOT DISCHARGE A YOUTH BETWEEN
 THE AGES OF EIGHTEEN AND TWENTY-ONE YEARS OF AGE FROM FOSTER CARE  WITH-
 OUT  THE  EXPRESS CONSENT OF THE YOUTH AND THE YOUTH'S ATTORNEY. A YOUTH
 WHO HAS REACHED HIS OR HER TWENTY-FIRST  BIRTHDAY  IN  FOSTER  CARE  MAY
 REMAIN  IN  FOSTER  CARE DURING A STATE OF EMERGENCY AND FOR ONE HUNDRED
 EIGHTY DAYS FOLLOWING THE END OF SUCH STATE OF EMERGENCY.
   § 3. The opening paragraph of section 1091 of the family court act, as
 added by chapter 342 of the laws of 2010, is amended to read as follows:
   A motion to return a former foster care youth under the age  of  twen-
 ty-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, may be made by  such  former  foster
 care  youth,  or by a local social services official 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 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  birthday;  PROVIDED
 FURTHER,  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  SHALL  BE  ENTITLED TO RETURN TO THE CUSTODY OF THE
 LOCAL COMMISSIONER OF SOCIAL SERVICES OR OTHER OFFICER, BOARD OR DEPART-
 MENT AUTHORIZED TO RECEIVE CHILDREN AS PUBLIC CHARGES WITHOUT  MAKING  A
 MOTION  PURSUANT  TO  THIS SECTION AND ANY REQUIREMENT REGARDING PARTIC-
 IPATION IN AN EDUCATIONAL OR VOCATIONAL PROGRAM SHALL BE WAIVED FOR  THE
 DURATION OF THE STATE OF EMERGENCY.
   § 4. This act shall take effect immediately.

co-Sponsors

2019-S8470B (ACTIVE) - Details

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

2019-S8470B (ACTIVE) - Summary

2019-S8470B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8470B

SPONSOR: MONTGOMERY
 
TITLE OF BILL:

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

 
PURPOSE:

To allow a former foster care youth who has been discharged from the
foster care system the ability to re-enter without submitting a motion
to the family court in during a certain state of emergency.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 1055(e) of the Family Court Act to allow a
former foster care youth to re-enter the foster care system without
having to file a motion with the family court during the state of emer-
gency declared pursuant to executive order 202 of 2020 in response to
the novel coronavirus (COVID19) pandemic. The commissioner of the local

social services department would be required to consider the same
factors that the court is required to consider when determining the
appropriateness of the former foster care youth reentering the foster
care system. Any requirement to enroll in vocational or education
program when a former foster care youth reenters the system would be
required to be waived during the time of the state of emergency.

Section 2 amends section 1091 of the Family Court Act to require that
during the state of emergency declared pursuant to executive order 202
of 2020 in response to the novel coronavirus (COVID-19) pandemic that
former foster care youth can re-enter the foster care system without
making a motion to the court, and that any requirement to enroll and
attend an educational or vocational program will be waived for the dura-
tion of the state of emergency.

 
EXISTING LAW:

N/A

 
JUSTIFICATION:

Under existing law, young adults can return to foster care when they
have no alternative and agree to participate in a vocational or educa-
tional program, upon the approval of the Family Court. Because access to
court can be severely restricted in the event of a state of emergency,
requests for assistance by youth between ages 18 and 21 should be auto-
matically granted by the local social services districts. Requirements
for participation in vocational and educational programs should be
temporarily waived so as not to serve as a barrier to re-entry during
the crisis.

 
LEGISLATIVE HISTORY:  This is new legislation.

 
FISCAL IMPLICATIONS:

TBD

 
LOCAL FISCAL IMPLICATIONS:
TBD

 
EFFECTIVE DATE:
Immediately.

2019-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

                       [ ] is old law to be omitted.
                                                            LBD16556-08-0

 S. 8470--B                          2
 
 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-
 CER, BOARD OR DEPARTMENT AUTHORIZED TO RECEIVE CHILDREN AS PUBLIC CHARG-
 ES SHALL, WHEN DETERMINING WHETHER TO RETURN  SUCH  FORMER  FOSTER  CARE
 YOUTH  TO FOSTER CARE PLACEMENT, TAKE INTO CONSIDERATION THE FACTORS THE
 COURT WOULD TAKE INTO CONSIDERATION UPON MAKING SUCH A DETERMINATION  TO
 RETURN A CHILD TO FOSTER CARE PLACEMENT PURSUANT TO SECTION ONE THOUSAND
 NINETY-ONE OF THIS ACT.
   § 2. The opening paragraph of section 1091 of the family court act, as
 added by chapter 342 of the laws of 2010, is amended to read as follows:
   A  motion  to return a former foster care youth under the age of twen-
 ty-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, may be made by such former foster
 care youth, or by a local social services official 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  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 birthday; PROVIDED
 FURTHER, 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  SHALL  BE  ENTITLED  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 THIS SECTION AND ANY
 REQUIREMENT TO ENROLL AND ATTEND AN EDUCATIONAL  OR  VOCATIONAL  PROGRAM
 SHALL BE WAIVED FOR THE DURATION OF THE STATE OF EMERGENCY.
   § 3. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

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

Senate Bill S8470B

Share this bill

Sponsored By

Velmanette Montgomery

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

Brad Hoylman-Sigal

2019-S8470 - Details

2019-S8470 - Summary

2019-S8470 - Sponsor Memo

2019-S8470 - Bill Text download pdf

co-Sponsors

Brad Hoylman-Sigal

2019-S8470A - Details

2019-S8470A - Summary

2019-S8470A - Sponsor Memo

2019-S8470A - Bill Text download pdf

co-Sponsors

Alessandra Biaggi

Brad Hoylman-Sigal

John C. Liu

Jen Metzger

2019-S8470B (ACTIVE) - Details

2019-S8470B (ACTIVE) - Summary

2019-S8470B (ACTIVE) - Sponsor Memo

2019-S8470B (ACTIVE) - Bill Text download pdf

Comments