The New York State Senate

 
                     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

                       [ ] is old law to be omitted.
                                                            LBD16556-13-0

 S. 8834                             2

 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.  TO THE EXTENT A FORMER  FOSTER  CARE  YOUTH  IS
 DENIED THE REQUEST TO RETURN TO THE CUSTODY OF THE LOCAL COMMISSIONER OF
 SOCIAL  SERVICES,  OR  OTHER  BOARD  OR DEPARTMENT AUTHORIZED TO RECEIVE
 CHILDREN AS PUBLIC CHARGES PURSUANT TO THIS PARAGRAPH, THE  YOUTH  SHALL
 STILL  HAVE  THE  OPPORTUNITY TO FILE A MOTION AS AUTHORIZED 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.   SUBSEQUENT
 TO  A FORMER FOSTER YOUTH'S RETURN TO PLACEMENT WITHOUT MAKING A MOTION,
 AS AUTHORIZED UNDER THIS SECTION DURING THE STATE OF EMERGENCY  DECLARED
 PURSUANT TO EXECUTIVE ORDER 202 OF 2020 IN RESPONSE TO THE NOVEL CORONA-
 VIRUS  (COVID-19)  PANDEMIC,  NOTHING  HEREIN  SHALL  PROHIBIT THE LOCAL
 SOCIAL SERVICES DISTRICT FROM FILING A  MOTION  FOR  REQUISITE  FINDINGS
 NEEDED  TO  CLAIM  REIMBURSEMENT  UNDER TITLE IV-E OF THE FEDERAL SOCIAL
 SECURITY ACT TO SUPPORT THE YOUTH'S CARE, AND  THE  FAMILY  COURT  SHALL
 HEAR AND DETERMINE SUCH MOTIONS.
   § 3. This act shall take effect immediately.