S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    922
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 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 the social services law, in
   relation to the "safe landings for youth leaving foster care  act"  or
   "safe landings act"; and to amend a chapter of the laws of 2024 amend-
   ing  the  family  court  act  and  the social services law relating to
   enacting the "safe landings for youth  leaving  foster  care  act"  or
   "safe  landings  act",  as  proposed  in  legislative bills numbers S.
   8724-B and A. 9321-B, 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 (b) of section 255 of the family court act, as
 added by a chapter of the laws of 2024 amending the family court act and
 the social services law relating to  enacting  the  "safe  landings  for
 youth  leaving  foster  care act" or "safe landings act", as proposed in
 legislative bills numbers S. 8724-B and A. 9321-B, is amended to read as
 follows:
   (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 subdivision 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.
   §  2.  Paragraph  (b) of subdivision 11 of section 355.5 of the family
 court act, as added by a chapter of the laws of 2024 amending the family
 court act and the social services law relating  to  enacting  the  "safe
 landings  for  youth leaving foster care act" or "safe landings act", as

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02885-01-5
              

 A. 922                              2
 
 proposed in legislative bills  numbers  S.  8724-B  and  A.  9321-B,  is
 amended and a new paragraph (c) is added to read as follows:
   (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 housing] TWENTY-THREE.  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; provided, however,  that  discharge  into  a  congregate
 living arrangement licensed by the office of mental health or the office
 for people with developmental disabilities, in accordance with a youth's
 permanency plan or discharge plan, to receive residential services which
 are  reasonably expected to continue for at least twelve months, includ-
 ing a congregate living arrangement which houses more than ten unrelated
 persons, shall constitute stable housing.]
   (C) IF THE RESPONDENT IS ELIGIBLE TO RETURN TO FOSTER CARE PURSUANT TO
 THE PROVISIONS OF ARTICLE TEN-B OF THIS ACT, UPON  THE  CONSENT  OF  THE
 RESPONDENT,  THE  COURT MAY CONVERT A MOTION BROUGHT UNDER THIS SUBDIVI-
 SION TO A MOTION TO RETURN THE RESPONDENT TO FOSTER CARE.
   § 3. Subdivision (j) of section 756-a of  the  family  court  act,  as
 added by a chapter of the laws of 2024 amending the family court act and
 the  social  services  law  relating  to enacting the "safe landings for
 youth leaving foster care act" or "safe landings act",  as  proposed  in
 legislative bills numbers S. 8724-B and A. 9321-B, is amended 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  subdivision  ten  of  section  three
 hundred seventy-one of the social services law,] with whom such respond-
 ent 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.    In  addition  to any other defense, it shall be an
 affirmative defense to a motion filed in accordance with this  paragraph
 that  compliance with the court order was not possible due solely to the
 youth's refusal to consent to  continuation  of  foster  care  placement
 where  such refusal is documented in a signed, notarized letter executed
 by the youth after consultation with their attorney for the child.
   (ii) [(A)]  The  court  shall  maintain  jurisdiction  over  a  motion
 described  in  paragraph (i) of this subdivision if such motion is filed
 A. 922                              3
 
 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] TWENTY-THREE.  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;  provided,  however,  that  discharge into a congregate
 living arrangement licensed by the office of mental health or the office
 for people with developmental disabilities, in accordance with a youth's
 permanency plan or discharge plan, to receive residential services which
 are reasonably expected to continue for at least twelve months,  includ-
 ing a congregate living arrangement which houses more than ten unrelated
 persons, shall constitute stable housing.]
   (III)  IF THE RESPONDENT IS ELIGIBLE TO RETURN TO FOSTER CARE PURSUANT
 TO THE PROVISIONS OF ARTICLE TEN-B OF THIS ACT, UPON THE CONSENT OF  THE
 RESPONDENT,  THE  COURT MAY CONVERT A MOTION BROUGHT UNDER THIS SUBDIVI-
 SION TO A MOTION TO RETURN THE RESPONDENT TO FOSTER CARE.
   § 4. Subdivision (d) of section 1088 of the family court act, as added
 by a chapter of the laws of 2024 amending the family court act  and  the
 social  services  law  relating to enacting the "safe landings for youth
 leaving foster care act" or "safe landings act", as proposed in legisla-
 tive bills numbers S. 8724-B and  A.  9321-B,  is  amended  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].  In addition to any other defense, it
 shall be an affirmative defense to a motion  filed  in  accordance  with
 this paragraph that compliance with the court order was not possible due
 solely  to the youth's refusal to consent to continuation of foster care
 placement where such refusal is documented in a signed, notarized letter
 executed by the youth after consultation with  their  attorney  for  the
 child.
   (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]  TWENTY-THREE.  The  court's  jurisdiction over any such motion
 shall continue until such motion and any  related  appeals  are  finally
 resolved.
 A. 922                              4
 
   [(B)  For  the purposes of this paragraph, "stable housing" shall mean
 housing where the youth shall be reasonably expected to  reside  for  at
 least  twelve months; provided, however, that a homeless shelter, tempo-
 rary 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 youth
 attains the age of twenty-one, shall not be considered  stable  housing;
 provided,  however,  that discharge into a congregate living arrangement
 licensed by the office of mental health or the office  for  people  with
 developmental disabilities, in accordance with a youth's permanency plan
 or  discharge plan, to receive residential services which are reasonably
 expected to continue for at least twelve months, including a  congregate
 living  arrangement  which houses more than ten unrelated persons, shall
 constitute stable housing.]
   (III) IF THE YOUTH IS ELIGIBLE TO RETURN TO FOSTER  CARE  PURSUANT  TO
 THE  PROVISIONS  OF  ARTICLE  TEN-B OF THIS ACT, UPON THE CONSENT OF THE
 YOUTH, THE COURT MAY CONVERT A MOTION BROUGHT UNDER THIS SUBDIVISION  TO
 A MOTION TO RETURN THE YOUTH TO FOSTER CARE.
   § 5. Clause (C-1) of subparagraph (viii) of paragraph 2 of subdivision
 (d)  of  section  1089 of the family court act, as added by a chapter of
 the laws of 2024 amending the family court act and the  social  services
 law  relating  to  enacting  the "safe landings for youth leaving foster
 care act" or "safe landings  act",  as  proposed  in  legislative  bills
 numbers S.  8724-B and A. 9321-B, is amended 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.
   §  6.  Paragraph (c) of subdivision 2-a of section 358-a of the social
 services law, as added by a chapter of the laws  of  2024  amending  the
 family  court  act  and the social services law relating to enacting the
 "safe landings for youth leaving foster  care  act"  or  "safe  landings
 act",  as proposed in legislative bills numbers S. 8724-B and A. 9321-B,
 is amended 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].  In addition to any other defense,
 it  shall be an affirmative defense to a motion filed in accordance with
 this paragraph that compliance with the court order was not possible due
 solely to the youth's refusal to consent to continuation of foster  care
 placement where such refusal is documented in a signed, notarized letter
 executed  by  the  youth  after consultation with their attorney for the
 child.
 A. 922                              5
 
   (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]  TWENTY-THREE.  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  youth attains the age of twenty-one, shall not be considered stable
 housing; provided, however, that  discharge  into  a  congregate  living
 arrangement  licensed  by  the office of mental health or the office for
 people with developmental disabilities, in  accordance  with  a  youth's
 permanency plan or discharge plan, to receive residential services which
 are  reasonably expected to continue for at least twelve months, includ-
 ing a congregate living arrangement which houses more than ten unrelated
 persons, shall constitute stable housing.]
   (III) IF THE YOUTH IS ELIGIBLE TO RETURN TO FOSTER  CARE  PURSUANT  TO
 THE  PROVISIONS  OF  ARTICLE  TEN-B  OF  THE  FAMILY COURT ACT, UPON THE
 CONSENT OF THE YOUTH, THE COURT MAY CONVERT A MOTION BROUGHT UNDER  THIS
 PARAGRAPH TO A MOTION TO RETURN THE YOUTH TO FOSTER CARE.
   §  7.  Section 11 of a chapter of the laws of 2024 amending the family
 court act and the social services law relating  to  enacting  the  "safe
 landings  for  youth leaving foster care act" or "safe landings act", as
 proposed in legislative bills  numbers  S.  8724-B  and  A.  9321-B,  is
 amended to read as follows:
   § 11. This act shall take effect on the [thirtieth] ONE HUNDRED EIGHT-
 IETH day after it shall have become a law AND SHALL APPLY ONLY TO ORDERS
 ISSUED ON OR AFTER SUCH DATE.
   §  8.  This  act shall take effect immediately; provided however, that
 sections one, two, three, four, five and six  of  this  act  shall  take
 effect  on the same date and in the same manner as a chapter of the laws
 of 2024 amending the family court act and the social services law relat-
 ing to enacting the "safe landings for youth leaving foster care act" or
 "safe landings act", as proposed in legislative bills numbers S.  8724-B
 and A. 9321-B, takes effect.