S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1255
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Children and Families
 
 AN  ACT  to amend the family court act and a chapter of the laws of 2020
   amending the family court act, relating to the placement of  a  former
   foster  care youth during a certain state of emergency, as proposed in
   legislative bills numbers S.8834 and A.10581-B, in relation to  place-
   ment  without  a  motion  and motions being heard and determined on an
   expedited basis and in relation to the effectiveness thereof
 
   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 a chapter of the laws of 2020 amending the family court act,
 relating to the placement of a former foster care youth during a certain
 state of emergency, as proposed in legislative bills numbers S.8834  and
 A.10581-B, 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, OR ANY EXTENSION OR  SUBSEQUENT
 EXECUTIVE  ORDER  ISSUED in response to the novel coronavirus (COVID-19)
 pandemic[, a]:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07142-01-1

 A. 1255                             2
 
  (A) 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 PURSUANT TO SECTION ONE THOUSAND NINETY-ONE OF
 THIS ACT may:
   (1)  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 WHICH SHALL BE HEARD  AND  DETERMINED  ON  AN
 EXPEDITED BASIS; OR
   (2)  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].
   (B) TO THE EXTENT FEDERALLY ALLOWABLE, any requirement  to  enroll  in
 and  attend  a vocational or educational program shall be waived for the
 duration of [the] SUCH state of emergency[; provided  further,  however,
 that during a].
   (C)  DURING  SUCH 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] WITHOUT OBTAINING PRIOR COURT APPROVAL AND
 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 nine-
 ty-one of this act] GRANT THAT REQUEST UPON  A  DETERMINATION  THAT  THE
 YOUTH  HAS  MET THE REQUIREMENTS OF SUBDIVISION (A) OF SECTION ONE THOU-
 SAND NINETY-ONE OF THIS ACT. UPON PLACEMENT  OF  A  FORMER  FOSTER  CARE
 YOUTH  PURSUANT  TO  THIS  PARAGRAPH, THE AGENCY SHALL FILE A MOTION FOR
 JUDICIAL APPROVAL OF THE PLACEMENT  PURSUANT  TO  SECTION  ONE  THOUSAND
 NINETY-ONE OF THIS ACT AND TO SCHEDULE THE NEXT PERMANENCY HEARING.
   (D)  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]  NOTHING  IN  THIS  PARAGRAPH
 SHALL  PRECLUDE  SUCH  youth  [shall still have the opportunity to file]
 FROM SUBSEQUENTLY FILING a motion as authorized pursuant to section  one
 thousand  ninety-one  of  this  act, AND THE FAMILY COURT SHALL HEAR AND
 DETERMINE SUCH MOTION ON AN EXPEDITED BASIS.
   § 2. The opening paragraph of section 1091 of the family court act, as
 amended by a chapter of the laws of 2020 amending the family court  act,
 relating to the placement of a former foster care youth during a certain
 state  of emergency, as proposed in legislative bills numbers S.8834 and
 A.10581-B, 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

 A. 1255                             3
 
 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 OR ANY EXTENSION OR SUBSEQUENT EXECUTIVE
 ORDER ISSUED in response to the novel coronavirus  (COVID-19)  pandemic,
 SUCH  MOTION  SHALL  BE  HEARD  AND  DETERMINED  ON  AN EXPEDITED BASIS;
 PROVIDED FURTHER, 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,  TO  THE
 EXTENT  FEDERALLY  ALLOWABLE, any requirement to enroll IN and attend an
 educational or vocational program shall be waived for  the  duration  of
 [the]  SUCH  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 OR ANY EXTENSION OR SUBSEQUENT EXECUTIVE ORDER  ISSUED
 in response to the novel coronavirus (COVID-19) pandemic, nothing herein
 shall  prohibit  the local social services district from filing a motion
 for requisite findings needed to SUBSEQUENTLY 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  ON  AN
 EXPEDITED BASIS.
   §  3.  Section  3 of a chapter of the laws of 2020 amending the family
 court act, relating to the placement  of  a  former  foster  care  youth
 during  a  certain  state of emergency, as proposed in legislative bills
 numbers S.8834 and A.10581-B, is amended to read as follows:
   § 3. This act shall take effect immediately AND SHALL  EXPIRE  ON  THE
 SAME  DATE  AND  IN  THE  SAME MANNER AS THE STATE OF EMERGENCY DECLARED
 PURSUANT TO EXECUTIVE ORDER 202 OF 2020 OR ANY EXTENSION  OR  SUBSEQUENT
 EXECUTIVE  ORDER  ISSUED IN RESPONSE TO THE NOVEL CORONAVIRUS (COVID-19)
 PANDEMIC WHEN UPON SUCH DATE THE PROVISIONS OF THIS ACT SHALL BE  DEEMED
 REPEALED; PROVIDED, HOWEVER, THAT:
   A.  ANY REQUEST BY 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 PURSUANT TO SECTION 1091 OF THE
 FAMILY COURT 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 THAT HAS BEEN RECEIVED BUT NOT FINAL-
 LY DECIDED BY SUCH DATE SHALL  BE  DETERMINED  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF THIS ACT; AND
   B.  EFFECTIVE  IMMEDIATELY, THE OFFICE OF CHILDREN AND FAMILY SERVICES
 AND THE OFFICE OF COURT ADMINISTRATION ARE HEREBY AUTHORIZED TO  PROMUL-
 GATE  SUCH  RULES  AND  REGULATIONS AS MAY BE NECESSARY TO IMPLEMENT THE
 PROVISIONS OF THIS ACT ON AN EMERGENCY BASIS.
   § 4.  This act shall take effect on the same  date  and  in  the  same
 manner  as  a chapter of the laws of 2020 amending the family court act,
 relating to the placement of a former foster care youth during a certain
 state of emergency, as proposed in legislative bills numbers S.8834  and
 A.10581-B, takes effect.