senate Bill S8834

Signed By Governor
2019-2020 Legislative Session

Authorizes former foster care youth to re-enter foster care during the COVID-19 state of emergency

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 15, 2020 approval memo.50
signed chap.346
Dec 03, 2020 delivered to governor
Jul 23, 2020 returned to senate
passed assembly
ordered to third reading rules cal.295
substituted for a10581b
referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.1032
Jul 20, 2020 referred to rules

S8834 (ACTIVE) - Details

See Assembly Version of this Bill:
A10581
Law Section:
Family Court Act
Laws Affected:
Amd §§1055 & 1091, Fam Ct Act

S8834 (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.

S8834 (ACTIVE) - Sponsor Memo

S8834 (ACTIVE) - Bill Text download pdf

 
                     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

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