NY State Senate Bill S8503B

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 09, 2020	print number 8503b
Jul 09, 2020	amend (t) and recommit to rules
Jun 17, 2020	print number 8503a
Jun 17, 2020	amend (t) and recommit to rules
Jun 06, 2020	referred to rules

S8503 - Details

Current Committee:: Senate Rules
Law Section:: Social Services

S8503 - Summary

Establishes a six-month moratorium on aging out of foster care allowing such youths and their foster parents or caregivers to continue receiving the benefits they were eligible for prior to such youths aging out and also allows youths 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 youths participate in vocational and educational programs; provides for the repeal of such provisions upon the expiration thereof.

S8503 - Sponsor Memo

 
BILL NUMBER: S8503

SPONSOR: MONTGOMERY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To protect children aging out of the foster care system during the
COVID-19 pandemic.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new paragraph to unconsolidated law that
establishes a moratorium on youth aging out of the foster care system,
to continue until six months after the, COVID-19 disaster emergency is
over. It requires New York State to continue providing the same care to
youth and caregivers that would otherwise have been providing, regard-

less of whether the youth reaches the age at which they normally would
have left the system. In addition, it allows youth aged 18-21 who have
left the foster care system to re-enter the system, even if they cannot
get the court approval and/or vocational placement that is required by
current law.

Section 2 sets forth the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:

The amendment to this bill better reflects the realities of the foster
care system. It allows children who have left the system to re-enter
without the normal requirements, as those requirements will be difficult
to achieve during COVID-19.

 
JUSTIFICATION:

The COVID-19 pandemic has caused a need for youth to remain in the
foster care system until the public health crisis is over and the econo-
my begins to recover. In much of New York State, critical sectors of the
economy are currently closed down, making it impossible for youth to
begin living on their own. For example, most businesses are closed, and
even fewer are willing to hire young people exiting the foster system
right now. Apartment rentals are considered non-essential, making it
extremely difficult to find a place to live. The COVID-19 pandemic will
also exacerbate food insecurity, mental and behavioral health problems,
KBUSI and completing an education.

In normal times, foster youth experience homelessness after aging out
28% of the time. Now, it will be much worse. Advocates estimate that
about 1000 young people will be helped by this legislation. This measure
will act as a stop gap measure through the worst of the pandemic, so
that our state can assess the ability of youth to transition out of the
system.

 
PRIOR LEGISLATIVE HISTORY:

New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This action would be 50% funded by the federal government, and the
remainder would be split between the state and the counties, as is typi-
cal. Total impact is expected to be less than $1 million.

 
EFFECTIVE DATE:
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 occurrence of the
expiration of the state disaster emergency declared by executive order
number 202 and any further amendments or modifications, and as may be
further extended pursuant to section 28 of the executive law, in order
that the commission may maintain an accurate and timely effective data
base of the official text of the laws of the state of New York in furth-
erance of effectuating the provisions of section 44 of the legislative
law and section 70-b of the public officers law.

S8503 - Bill Text download pdf


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

                                  8503

                            I N  S E N A T E

                              June 6, 2020
                               ___________

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

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,
and  as  may be further extended pursuant to section 28 of the executive
law, in order that the commission may maintain an  accurate  and  timely

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

                      [ ] is old law to be omitted.
                                                           LBD16495-03-0

S. 8503                             2

effective data base of the official text of the laws of the state of New
York  in furtherance of effectuating the provisions of section 44 of the
legislative law and section 70-b of the public officers law.

S8503A - Details

Current Committee:: Senate Rules
Law Section:: Social Services

S8503A - Summary

Establishes a six-month moratorium on aging out of foster care allowing such youths and their foster parents or caregivers to continue receiving the benefits they were eligible for prior to such youths aging out and also allows youths 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 youths participate in vocational and educational programs; provides for the repeal of such provisions upon the expiration thereof.

S8503A - Sponsor Memo

 
BILL NUMBER: S8503a

SPONSOR: MONTGOMERY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To protect children aging out of the foster care system during the
COVID-19 pandemic.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new paragraph to unconsolidated law that
establishes a moratorium on youth aging out of the foster care system,
to continue until six months after the, COVID-19 disaster emergency is
over. It requires New York State to continue providing the same care to
youth and caregivers that would otherwise have been providing, regard-

less of whether the youth reaches the age at which they normally would
have left the system. In addition, it allows youth aged 18-21 who have
left the foster care system to re-enter the system, even if they cannot
get the court approval and/or vocational placement that is required by
current law.

Section 2 sets forth the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:

The amendment to this bill better reflects the realities of the foster
care system. It allows children who have left the system to re-enter
without the normal requirements, as those requirements will be difficult
to achieve during COVID-19.

 
JUSTIFICATION:

The COVID-19 pandemic has caused a need for youth to remain in the
foster care system until the public health crisis is over and the econo-
my begins to recover. In much of New York State, critical sectors of the
economy are currently closed down, making it impossible for youth to
begin living on their own. For example, most businesses are closed, and
even fewer are willing to hire young people exiting the foster system
right now. Apartment rentals are considered non-essential, making it
extremely difficult to find a place to live. The COVID-19 pandemic will
also exacerbate food insecurity, mental and behavioral health problems,
and completing an education.

In normal times, foster youth experience homelessness after aging out
28% of the time. Now, it will be much worse. Advocates estimate that
about 1000 young people will be helped by this legislation. This measure
will act as a stop gap measure through the worst of the pandemic, so
that our state can assess the ability of youth to transition out of the
system.

 
PRIOR LEGISLATIVE HISTORY:

New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This action would be 50% funded by the federal government, and the
remainder would be split between the state and the counties, as is typi-
cal. Total impact is expected to be less than $1 million.

 
EFFECTIVE DATE:
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 occurrence of the
expiration of the state disaster emergency declared by executive order
number 202 and any further amendments or modifications, and as may be
further extended pursuant to section 28 of the executive law, in order
that the commission may maintain an accurate and timely effective data
base of the official text of the laws of the state of New York in furth-
erance of effectuating the provisions of section 44 of the legislative
law and section 70-b of the public officers law.

S8503A - Bill Text download pdf


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

                                 8503--A

                            I N  S E N A T E

                              June 6, 2020
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Rules  --  committee
  discharged, bill amended, 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
that the state of emergency relating to the novel coronavirus (COVID-19)
has  ended;  and  provided,  further,  that  the  commissioner of social

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

                      [ ] is old law to be omitted.
                                                           LBD16495-05-0

S. 8503--A                          2

services shall notify the legislative bill drafting commission upon  the
occurrence of the expiration of the state disaster emergency declared by
executive  order number 202 and any further amendments or modifications,
and  as  may be further extended pursuant to section 28 of the executive
law, in order that the commission may maintain an  accurate  and  timely
effective data base of the official text of the laws of the state of New
York  in furtherance of effectuating the provisions of section 44 of the
legislative law and section 70-b of the public officers law.

Co-Sponsors

S8503B (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Social Services

S8503B (ACTIVE) - Summary

Establishes a six-month moratorium on aging out of foster care allowing such youths and their foster parents or caregivers to continue receiving the benefits they were eligible for prior to such youths aging out and also allows youths 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 youths participate in vocational and educational programs; provides for the repeal of such provisions upon the expiration thereof.

S8503B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8503b

SPONSOR: MONTGOMERY
 
TITLE OF BILL:

An act to establish a temporary moratorium on aging out of foster care
and allowing certain youths to return to foster care; and providing for
the repeal of such provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To protect children aging out of the foster care system during the
COVID-19 pandemic.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new paragraph to unconsolidated law that
establishes a moratorium on youth aging out of the foster care system,
to continue until six months after the, COVID-19 disaster emergency is
over. It requires New York State to continue providing the same care to
youth and caregivers that would otherwise have been providing, regard-

less of whether the youth reaches the age at which they normally would
have left the system. In addition, it allows youth aged 18-21 who have
left the foster care system to re-enter the system, even if they cannot
get the court approval and/or vocational placement that is required by
current law.

Section 2 sets forth the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:

The amendment to this bill better reflects the realities of the foster
care system. It allows children who have left the system to re-enter
without the normal requirements, as those requirements will be difficult
to achieve during COVID-19. These amendments clarify the text of the
legislation.

 
JUSTIFICATION:

The COVID-19 pandemic has caused a need for youth to remain in the
foster care system until the public health crisis is over and the econo
my begins to recover. In much of New York State, critical sectors of the
economy are currently closed down, making it impossible for youth to
begin living on their own. For example, most businesses are closed, and
even fewer are willing to hire young people exiting the foster system
right now. Apartment rentals are considered non-essential, making it
extremely difficult to find a place to live. The COVID-19 pandemic will
also exacerbate food insecurity, mental and behavioral health problems,
and completing an education.

In normal times, foster youth experience homelessness after aging out
28% of the time. Now, it will be much worse. Advocates estimate that
about 1000 young people will be helped by this legislation. This measure
will act as a stop gap measure through the worst of the pandemic, so
that our state can assess the ability of youth to transition out of the
system.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This action would be 50% funded by the federal government, and the
remainder would be split between the state and the counties, as is typi-
cal. Total impact is expected to be less than $1 million.

 
EFFECTIVE DATE:
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 occurrence of the
expiration of the state disaster emergency declared by executive order
number 202 and any further amendments or modifications, and as may be
further extended pursuant to section 28 of the executive law, in order
that the commission may maintain an accurate and timely effective data
base of the official text of the laws of the state of New York in furth-
erance of effectuating the provisions of section 44 of the legislative
law and section 70-b of the public officers law.

S8503B (ACTIVE) - Bill Text download pdf


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

                                 8503--B

                            I N  S E N A T E

                              June 6, 2020
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Rules  --  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 establish a temporary moratorium on aging out of  foster  care
  and  allowing  certain  youths 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  youth  aging  out  of
foster  care. Such moratorium shall continue for one hundred eighty days
after the state disaster emergency declared pursuant to executive  order
202 of 2020 in response to the novel coronavirus (COVID-19) pandemic has
ended. During such moratorium:
  1.  Youth  who  reach the age of twenty-one while in foster care shall
not be removed and shall have the option  to  remain  in  care  for  the
length  of  the moratorium. Provided, further, any youth who is eighteen
years of age or older, or reaches such age during the  moratorium  shall
not  be  discharged  from foster care without the express consent of the
youth and the youth's attorney.  Nothing herein shall prohibit  a  youth
from  leaving  care  during  the  moratorium  if they would prefer to be
discharged from foster care. In addition, any benefits the  foster  care
youth,  foster  parents  or other caregivers were receiving prior to the
youth reaching the age of twenty-one,  shall  continue  to  be  provided
during the length of the moratorium.
  2.  Any former foster care youth who requests to return to foster care
pursuant to the provisions of article 10-B  of  the  family  court  act,
shall  be  permitted to return to placement upon request by the youth or
the youth's attorney without obtaining court  approval  as  required  by
article  10-B  of  the family court act, and any requirement for partic-
ipation in vocational or educational programs shall be  waived  for  the
duration of the moratorium provided for in this legislation.

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

                      [ ] is old law to be omitted.
                                                           LBD16495-09-0

S. 8503--B                          2

  §  2.  This  act shall take effect immediately and shall expire and be
deemed repealed one hundred eighty days after the state  disaster  emer-
gency  declared  pursuant  to executive order 202 of 2020 in response to
the novel coronavirus  (COVID-19)  pandemic  has  ended;  and  provided,
further,  that  the  commissioner  of  the office of children and family
services shall notify the legislative bill drafting commission upon  the
occurrence of the expiration of the state disaster emergency declared by
executive  order number 202 and any further amendments or modifications,
and as may be further extended pursuant to section 28 of  the  executive
law,  in  order  that the commission may maintain an accurate and timely
effective data base of the official text of the laws of the state of New
York in furtherance of effectuating the provisions of section 44 of  the
legislative law and section 70-b of the public officers law.

The New York State Senate

senate Bill S8503B

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

Bill Amendments

S8503 - Details

S8503 - Summary

S8503 - Sponsor Memo

S8503 - Bill Text download pdf

S8503A - Details

S8503A - Summary

S8503A - Sponsor Memo

S8503A - Bill Text download pdf

Co-Sponsors

S8503B (ACTIVE) - Details

S8503B (ACTIVE) - Summary

S8503B (ACTIVE) - Sponsor Memo

S8503B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8503B

Share this bill

Sponsored By

Velmanette Montgomery

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

Bill Amendments

S8503 - Details

S8503 - Summary

S8503 - Sponsor Memo

S8503 - Bill Text download pdf

S8503A - Details

S8503A - Summary

S8503A - Sponsor Memo

S8503A - Bill Text download pdf

Co-Sponsors

Alessandra Biaggi

Anna M. Kaplan

Gustavo Rivera

S8503B (ACTIVE) - Details

S8503B (ACTIVE) - Summary

S8503B (ACTIVE) - Sponsor Memo

S8503B (ACTIVE) - Bill Text download pdf

Comments