S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9321--A
 
                           I N  A S S E M B L Y
 
                             February 29, 2024
                                ___________
 
 Introduced  by  M.  of  A. HEVESI, CLARK, STECK, ARDILA, BURDICK, REYES,
   L. ROSENTHAL, EPSTEIN, TAPIA, SEAWRIGHT, KELLES, SIMONE, SIMON, GONZA-
   LEZ-ROJAS, O'DONNELL, BURGOS,  KIM,  DICKENS,  DE LOS SANTOS,  WALKER,
   PAULIN,  DAVILA,  DINOWITZ,  BEEPHAN, STERN, BORES, BRONSON, LUNSFORD,
   CRUZ, SHRESTHA, LEVENBERG -- read once and referred to  the  Committee
   on  Children and Families -- reported and referred to the Committee on
   Ways  and  Means  --  committee  discharged,  bill  amended,   ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the family court act and the social services law, in
   relation to enacting the "safe landings for youth leaving foster  care
   act" or "safe landings act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "safe landings for youth leaving foster care act" or the "safe land-
 ings act".
   §  2.  Section  249 of the family court act is amended by adding a new
 subdivision (c) to read as follows:
   (C) IN ANY PROCEEDING UNDER SUBDIVISION ELEVEN  OF  SECTION  355.5  OF
 THIS  ACT,  SUBDIVISION (J) OF SECTION SEVEN HUNDRED FIFTY-SIX-A OF THIS
 ACT, SECTION ONE THOUSAND FIFTEEN-A OF  THIS  ACT,  SUBDIVISION  (D)  OF
 SECTION  ONE THOUSAND EIGHTY-EIGHT OF THIS ACT, CLAUSE (C-1) OF SUBPARA-
 GRAPH (VIII) OF PARAGRAPH TWO OF SUBDIVISION (D) OF SECTION ONE THOUSAND
 EIGHTY-NINE OF THIS ACT, AND/OR PARAGRAPH (C) OF  SUBDIVISION  TWO-A  OF
 SECTION  THREE  HUNDRED  FIFTY-EIGHT-A  OF  THE SOCIAL SERVICES LAW, THE
 COURT SHALL APPOINT AN ATTORNEY TO REPRESENT A YOUTH WHO WAS FORMERLY IN
 FOSTER CARE AND IS SEEKING TO ENFORCE AN  ORDER  MADE  ON  THEIR  BEHALF
 BEFORE THEIR TWENTY-FIRST BIRTHDAY WHILE THEY WERE STILL IN FOSTER CARE,
 IF INDEPENDENT LEGAL REPRESENTATION IS NOT AVAILABLE TO SUCH YOUTH. SUCH
 REPRESENTATION  SHALL  CONTINUE  FOR  ALL  FURTHER  PROCEEDINGS THEREON,
 INCLUDING ALL MOTIONS AND ANY RELATED APPEALS.
   § 3. Section 255 of the family court act, as amended by chapter 563 of
 the laws of 1980, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14516-02-4
              

 A. 9321--A                          2
 
   § 255. Cooperation of officials and organizations. (A)  It  is  hereby
 made the duty of, and the family court or a judge thereof may order, any
 state,  county,  municipal  and  school district officer and employee to
 render such assistance and cooperation as shall be  within  [his]  THEIR
 legal  authority, as may be required, to further the objects of this act
 provided, however, that with respect to a school district an order  made
 pursuant  to  this section shall be limited to requiring the performance
 of the duties imposed upon the school district and board of education or
 trustees thereof pursuant to sections  four  thousand  five,  forty-four
 hundred two and forty-four hundred four of the education law, to review,
 evaluate,  recommend,  and determine the appropriate special services or
 programs necessary to meet the needs of a handicapped child,  but  shall
 not require the provisions of a specific special service or program, and
 such  order  shall  be  made only where it appears to the court or judge
 that adequate administrative procedure to  require  the  performance  of
 such  duties  is  not  available.  It is hereby made the duty of and the
 family court or judge thereof may order, any agency or other institution
 to render such information, assistance and cooperation as shall be with-
 in its legal authority concerning a child who is or shall be  under  its
 care,  treatment,  supervision  or custody as may be required to further
 the objects of this act. The court is authorized to seek the cooperation
 of, and may use,  within  its  authorized  appropriation  therefor,  the
 services  of  all  societies or organizations, public or private, having
 for their object the protection or aid of children or families,  includ-
 ing  family  counselling  services,  to  the  end  that the court may be
 assisted in every reasonable way to give the children and families with-
 in its jurisdiction such care, protection and assistance  as  will  best
 enhance their welfare.
   (B) AN ORDER OF THE FAMILY COURT OR A JUDGE THEREOF DIRECTING A SOCIAL
 SERVICES DISTRICT AND/OR SOCIAL SERVICES OFFICIAL, AS DEFINED IN SECTION
 TWO  OF THE SOCIAL SERVICES LAW, AND/OR AN AUTHORIZED AGENCY, AS DEFINED
 BY SUBSECTION TEN OF SECTION THREE HUNDRED  SEVENTY-ONE  OF  THE  SOCIAL
 SERVICES  LAW, TO PERFORM AN ACTION FOR THE PURPOSE OF ASSISTING A YOUTH
 PLACED IN FOSTER CARE, SHALL REMAIN  ENFORCEABLE  AFTER  SUCH  YOUTH  IS
 DISCHARGED  FROM  FOSTER CARE PURSUANT TO SUBDIVISION (D) OF SECTION ONE
 THOUSAND EIGHTY-EIGHT OF THIS ACT.
   § 4. Section 355.5 of the family court act is amended by adding a  new
 subdivision 11 to read as follows:
   11.  WHERE PLACEMENT WILL END PRIOR TO A SUBSEQUENT PERMANENCY HEARING
 DUE TO THE RESPONDENT'S AGE AND/OR FAILURE TO CONSENT TO CONTINUATION OF
 PLACEMENT, COURT ORDERS MADE PURSUANT TO THIS SECTION SHALL BE ENFORCEA-
 BLE AGAINST THE AGENCY WITH WHOM SUCH RESPONDENT WAS PLACED  AFTER  SUCH
 RESPONDENT WAS DISCHARGED FROM CARE.
   (A)  THE COURT SHALL MAINTAIN JURISDICTION OVER A CASE FOR PURPOSES OF
 HEARING A MOTION FOR CONTEMPT AGAINST THE AGENCY WITH WHOM THE  RESPOND-
 ENT  WAS  PLACED  PURSUANT  TO  SECTION SEVEN HUNDRED FIFTY-THREE OF THE
 JUDICIARY LAW. SUCH A MOTION MAY BE BROUGHT  BY  A  RESPONDENT  WHO  WAS
 FORMERLY  PLACED WITH A COMMISSIONER OF SOCIAL SERVICES OR THE OFFICE OF
 CHILDREN AND FAMILY SERVICES PURSUANT TO SECTION 353.3 OF THIS PART  AND
 RESIDED IN A FOSTER HOME OR NON-SECURE FACILITY.
   (B)  (I) THE COURT SHALL MAINTAIN JURISDICTION OVER A MOTION DESCRIBED
 IN PARAGRAPH (A) OF THIS SUBDIVISION IF SUCH MOTION IS FILED BEFORE  THE
 RESPONDENT  ATTAINS  THE  AGE  OF  TWENTY-TWO,  OR AFTER SUCH RESPONDENT
 ATTAINS THE AGE OF TWENTY-TWO AND UPON A SHOWING OF  GOOD  CAUSE,  WHICH
 MAY  INCLUDE,  BUT  SHALL  NOT BE LIMITED TO, A FAILURE TO OBTAIN STABLE
 A. 9321--A                          3
 
 HOUSING.  THE COURT'S JURISDICTION OVER ANY SUCH MOTION  SHALL  CONTINUE
 UNTIL SUCH MOTION AND ANY RELATED APPEALS ARE FINALLY RESOLVED.
   (II)  FOR  THE PURPOSES OF THIS PARAGRAPH, "STABLE HOUSING" SHALL MEAN
 HOUSING WHERE THE YOUTH  RESPONDENT  SHALL  BE  REASONABLY  EXPECTED  TO
 RESIDE  FOR  AT  LEAST TWELVE MONTHS; PROVIDED, HOWEVER, THAT A HOMELESS
 SHELTER, TEMPORARY ACCOMMODATIONS WITH FAMILY OR FRIENDS, A  SINGLE-ROOM
 OCCUPANCY HOTEL, OR ANY OTHER CONGREGATE LIVING ARRANGEMENT WHICH HOUSES
 MORE  THAN  TEN UNRELATED PERSONS, OR REMAINING IN A FOSTER CARE SETTING
 PURSUANT TO A LOCAL SOCIAL SERVICES DISTRICT POLICY  OR  PRACTICE  AFTER
 THE  RESPONDENT  ATTAINS  THE AGE OF TWENTY-ONE, SHALL NOT BE CONSIDERED
 STABLE HOUSING.
   § 5. Section 756-a of the family court act is amended by adding a  new
 subdivision (j) to read as follows:
   (J)  WHERE PLACEMENT WILL END PRIOR TO A SUBSEQUENT PERMANENCY HEARING
 DUE TO THE RESPONDENT'S AGE AND/OR FAILURE TO CONSENT TO CONTINUATION OF
 PLACEMENT, COURT ORDERS MADE PURSUANT TO THIS SECTION SHALL BE ENFORCEA-
 BLE AGAINST THE SOCIAL SERVICES DISTRICT AND/OR  SOCIAL  SERVICES  OFFI-
 CIAL,  AS  DEFINED IN SECTION TWO OF THE SOCIAL SERVICES LAW, AND/OR THE
 AUTHORIZED AGENCY, AS DEFINED BY SUBSECTION TEN OF SECTION THREE HUNDRED
 SEVENTY-ONE OF THE SOCIAL SERVICES LAW, WITH WHOM  SUCH  RESPONDENT  WAS
 PLACED AFTER SUCH RESPONDENT WAS DISCHARGED FROM CARE.
   (I)  THE COURT SHALL MAINTAIN JURISDICTION OVER A CASE FOR PURPOSES OF
 HEARING A MOTION FOR CONTEMPT AGAINST THE AGENCY WITH WHOM THE  RESPOND-
 ENT  WAS  PLACED  PURSUANT  TO  SECTION SEVEN HUNDRED FIFTY-THREE OF THE
 JUDICIARY LAW. SUCH A MOTION MAY BE BROUGHT BY SUCH RESPONDENT  WHO  WAS
 FORMERLY PLACED PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SIX OF THIS PART
 OR THIS SECTION.
   (II) (A) THE COURT SHALL MAINTAIN JURISDICTION OVER A MOTION DESCRIBED
 IN  PARAGRAPH (I) OF THIS SUBDIVISION IF SUCH MOTION IS FILED BEFORE THE
 RESPONDENT ATTAINS THE AGE  OF  TWENTY-TWO,  OR  AFTER  SUCH  RESPONDENT
 ATTAINS  THE  AGE  OF TWENTY-TWO AND UPON A SHOWING OF GOOD CAUSE, WHICH
 MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, A  FAILURE  TO  OBTAIN  STABLE
 HOUSING.    THE COURT'S JURISDICTION OVER ANY SUCH MOTION SHALL CONTINUE
 UNTIL SUCH MOTION AND ANY RELATED APPEALS ARE FINALLY RESOLVED.
   (B) FOR THE PURPOSES OF THIS PARAGRAPH, "STABLE  HOUSING"  SHALL  MEAN
 HOUSING  WHERE  THE  YOUTH  RESPONDENT  SHALL  BE REASONABLY EXPECTED TO
 RESIDE FOR AT LEAST TWELVE MONTHS; PROVIDED, HOWEVER,  THAT  A  HOMELESS
 SHELTER,  TEMPORARY ACCOMMODATIONS WITH FAMILY OR FRIENDS, A SINGLE-ROOM
 OCCUPANCY HOTEL, OR ANY OTHER CONGREGATE LIVING ARRANGEMENT WHICH HOUSES
 MORE THAN TEN UNRELATED PERSONS, OR REMAINING IN A FOSTER  CARE  SETTING
 PURSUANT  TO  A  LOCAL SOCIAL SERVICES DISTRICT POLICY OR PRACTICE AFTER
 THE RESPONDENT ATTAINS THE AGE OF TWENTY-ONE, SHALL  NOT  BE  CONSIDERED
 STABLE HOUSING.
   §  6.  Section 1015-a of the family court act, as added by chapter 760
 of the laws of 1987, is amended to read as follows:
   § 1015-a. Court-ordered services. In any proceeding under  this  arti-
 cle,  the  court  may  order  a  social  services official to provide or
 arrange for the provision of services or assistance  to  the  child  and
 [his or her] THEIR family to facilitate the protection of the child, the
 rehabilitation  of  the family and, as appropriate, the discharge of the
 child from foster care. Such order shall not include  the  provision  of
 any  service  or  assistance  to the child and [his or her] THEIR family
 which is not authorized or required to be made available pursuant to the
 comprehensive annual services program plan then in effect. In any  order
 issued  pursuant to this section the court may require a social services
 official to make periodic progress reports to the court on the implemen-
 A. 9321--A                          4
 
 tation of such order. Nothing in such order  shall  preclude  any  party
 from  exercising its rights under this article or any other provision of
 law relating to the return of the care and custody of  the  child  by  a
 social  services  official to the parent, parents or guardian. Violation
 of such order shall be subject to punishment pursuant to  section  seven
 hundred  fifty-three  of  the  judiciary  law.  SUCH  ORDER  RELATING TO
 SERVICES FOR A CHILD PLACED IN FOSTER CARE SHALL  BE  ENFORCEABLE  AFTER
 SUCH CHILD IS DISCHARGED FROM FOSTER CARE PURSUANT TO SUBDIVISION (D) OF
 SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS ACT.
   §  7.  Section 1088 of the family court act is amended by adding a new
 subdivision (d) to read as follows:
   (D) (I) SUBJECT TO THE PROVISIONS OF PARAGRAPH (II) OF  THIS  SUBDIVI-
 SION,  THE  COURT  SHALL  ALSO  MAINTAIN  JURISDICTION  OVER  A CASE FOR
 PURPOSES OF HEARING A MOTION BROUGHT BY A FORMER FOSTER CARE  YOUTH,  AS
 DEFINED  IN  ARTICLE  TEN-B  OF  THIS  ACT, OR BY A YOUNG ADULT WHO LEFT
 FOSTER CARE UPON OR AFTER ATTAINING THE AGE OF TWENTY-ONE, FOR  CONTEMPT
 PURSUANT  TO  SECTION  SEVEN  HUNDRED  FIFTY-THREE OF THE JUDICIARY LAW,
 AGAINST A SOCIAL SERVICES DISTRICT AND/OR SOCIAL SERVICES  OFFICIAL,  AS
 DEFINED  IN SECTION TWO OF THE SOCIAL SERVICES LAW, AND/OR AN AUTHORIZED
 AGENCY, AS DEFINED IN SUBDIVISION TEN OF SECTION THREE HUNDRED  SEVENTY-
 ONE OF THE SOCIAL SERVICES LAW.
   (II) (A) THE COURT SHALL MAINTAIN JURISDICTION OVER A MOTION DESCRIBED
 IN  PARAGRAPH (I) OF THIS SUBDIVISION IF SUCH MOTION IS FILED BEFORE THE
 FORMER FOSTER CARE YOUTH OR YOUNG ADULT ATTAINS THE AGE  OF  TWENTY-TWO,
 OR  AFTER THE FORMER FOSTER CARE YOUTH OR YOUNG ADULT ATTAINS THE AGE OF
 TWENTY-TWO AND UPON A SHOWING OF GOOD  CAUSE,  WHICH  MAY  INCLUDE,  BUT
 SHALL  NOT  BE  LIMITED  TO,  A  FAILURE TO OBTAIN STABLE HOUSING.   THE
 COURT'S JURISDICTION OVER ANY SUCH  MOTION  SHALL  CONTINUE  UNTIL  SUCH
 MOTION AND ANY RELATED APPEALS ARE FINALLY RESOLVED.
   (B)  FOR  THE  PURPOSES OF THIS PARAGRAPH, "STABLE HOUSING" SHALL MEAN
 HOUSING WHERE THE YOUTH  RESPONDENT  SHALL  BE  REASONABLY  EXPECTED  TO
 RESIDE  FOR  AT  LEAST TWELVE MONTHS; PROVIDED, HOWEVER, THAT A HOMELESS
 SHELTER, TEMPORARY ACCOMMODATIONS WITH FAMILY OR FRIENDS, A  SINGLE-ROOM
 OCCUPANCY HOTEL, OR ANY OTHER CONGREGATE LIVING ARRANGEMENT WHICH HOUSES
 MORE  THAN  TEN UNRELATED PERSONS, OR REMAINING IN A FOSTER CARE SETTING
 PURSUANT TO A LOCAL SOCIAL SERVICES DISTRICT POLICY  OR  PRACTICE  AFTER
 THE  RESPONDENT  ATTAINS  THE AGE OF TWENTY-ONE, SHALL NOT BE CONSIDERED
 STABLE HOUSING.
   § 8. Subparagraph (viii) of paragraph 2 of subdivision (d) of  section
 1089  of the family court act is amended by adding a new clause (C-1) to
 read as follows:
   (C-1) WHERE PLACEMENT WILL BE ENDING PRIOR TO A SUBSEQUENT  PERMANENCY
 HEARING  DUE  TO  THE CHILD ATTAINING TWENTY-ONE YEARS OF AGE, THE COURT
 MAY DIRECT THE SOCIAL SERVICES DISTRICT AND/OR THE SOCIAL SERVICES OFFI-
 CIAL, AS DEFINED BY SECTION TWO OF THE SOCIAL SERVICES  LAW,  AND/OR  AN
 AUTHORIZED  AGENCY,  AS  DEFINED  BY  SUBDIVISION  TEN  OF SECTION THREE
 HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW, TO PROVIDE ASSISTANCE OR
 SERVICES TO SUCH CHILD AND SUCH ORDERS SHALL BE ENFORCEABLE  AFTER  SUCH
 CHILD  IS  DISCHARGED  FROM  FOSTER  CARE PURSUANT TO SUBDIVISION (D) OF
 SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS ARTICLE.
   § 9. Subdivision (a) of section 1090  of  the  family  court  act,  as
 amended  by  chapter  605  of  the  laws  of 2011, is amended to read as
 follows:
   (a) If an attorney for the child has  been  appointed  by  the  family
 court  in a proceeding pursuant to this article or section three hundred
 fifty-eight-a, three hundred eighty-three-c, three hundred  eighty-four,
 A. 9321--A                          5

 or  three  hundred  eighty-four-b of the social services law, or article
 ten, ten-B or ten-C of this act, the appointment of the attorney for the
 child shall continue without further court order or appointment,  unless
 another  appointment  of  an attorney for the child has been made by the
 court, until the child is  discharged  from  placement  and  all  orders
 regarding supervision, protection or services have expired. The attorney
 for  the  child  shall also represent the child without further order or
 appointment in any proceedings under article ten-B or ten-C of this act.
 THE ATTORNEY FOR THE  CHILD  SHALL  ALSO  REPRESENT  THE  CHILD  WITHOUT
 FURTHER  ORDER  OR  APPOINTMENT IN ANY PROCEEDING BROUGHT BY A YOUTH WHO
 WAS FORMERLY IN FOSTER CARE TO ENFORCE ORDERS THAT WERE  MADE  PRIOR  TO
 SUCH CHILD'S DISCHARGE FROM CARE WHEN SUCH CHILD WAS BETWEEN THE AGES OF
 EIGHTEEN  AND  TWENTY-ONE.  All notices, reports and motions required by
 law shall be provided to such attorney. The attorney for the  child  may
 be relieved of [his or her] THEIR representation upon application to the
 court  for termination of the appointment. Upon approval of the applica-
 tion, the court shall immediately appoint another attorney to  whom  all
 notices, reports, and motions required by law shall be provided.
   §  10.  Subdivision 2-a of section 358-a of the social services law is
 amended by adding a new paragraph (c) to read as follows:
   (C) (I) SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH (II) OF  THIS  PARA-
 GRAPH,  THE  COURT  SHALL ALSO MAINTAIN JURISDICTION OVER A CASE FOR THE
 PURPOSES OF HEARING AND DECIDING A MOTION BROUGHT  BY  A  FORMER  FOSTER
 CARE YOUTH, AS DEFINED IN ARTICLE TEN-B OF THE FAMILY COURT ACT, OR BY A
 YOUNG  ADULT  WHO  LEFT  FOSTER  CARE UPON OR AFTER ATTAINING THE AGE OF
 TWENTY-ONE, FOR CONTEMPT PURSUANT TO SECTION SEVEN  HUNDRED  FIFTY-THREE
 OF  THE  JUDICIARY  LAW AGAINST A SOCIAL SERVICES DISTRICT AND/OR SOCIAL
 SERVICES OFFICIAL, AS DEFINED BY SECTION TWO OF THIS CHAPTER, AND/OR  AN
 AUTHORIZED  AGENCY,  AS  DEFINED  BY  SUBDIVISION  TEN  OF SECTION THREE
 HUNDRED SEVENTY-ONE OF THIS CHAPTER.
   (II) (A) THE COURT SHALL MAINTAIN JURISDICTION OVER A MOTION DESCRIBED
 IN SUBPARAGRAPH (I) OF THIS PARAGRAPH IF SUCH MOTION IS FILED BEFORE THE
 FORMER FOSTER CARE YOUTH OR YOUNG ADULT ATTAINS THE AGE  OF  TWENTY-TWO,
 OR  AFTER THE FORMER FOSTER CARE YOUTH OR YOUNG ADULT ATTAINS THE AGE OF
 TWENTY-TWO AND UPON A SHOWING OF GOOD  CAUSE,  WHICH  MAY  INCLUDE,  BUT
 SHALL  NOT  BE  LIMITED  TO,  A  FAILURE TO OBTAIN STABLE HOUSING.   THE
 COURT'S JURISDICTION OVER ANY SUCH  MOTION  SHALL  CONTINUE  UNTIL  SUCH
 MOTION AND ANY RELATED APPEALS ARE FINALLY RESOLVED.
   (B)  FOR  THE  PURPOSES OF THIS PARAGRAPH, "STABLE HOUSING" SHALL MEAN
 HOUSING WHERE THE YOUTH  RESPONDENT  SHALL  BE  REASONABLY  EXPECTED  TO
 RESIDE  FOR  AT  LEAST TWELVE MONTHS; PROVIDED, HOWEVER, THAT A HOMELESS
 SHELTER, TEMPORARY ACCOMMODATIONS WITH FAMILY OR FRIENDS, A  SINGLE-ROOM
 OCCUPANCY HOTEL, OR ANY OTHER CONGREGATE LIVING ARRANGEMENT WHICH HOUSES
 MORE  THAN  TEN UNRELATED PERSONS, OR REMAINING IN A FOSTER CARE SETTING
 PURSUANT TO A LOCAL SOCIAL SERVICES DISTRICT POLICY  OR  PRACTICE  AFTER
 THE  RESPONDENT  ATTAINS  THE AGE OF TWENTY-ONE, SHALL NOT BE CONSIDERED
 STABLE HOUSING.
   § 11. This act shall take effect immediately.