What's happening
This bill expands eligibility and procedures for former foster youth ages 18 to 21, including homeless youth, to reenter foster care.
Why it matters
Addresses homelessness risk. By allowing youth discharged from foster care at age 16 or older who are or are likely to become homeless to reenter care, the bill directly targets a group at high risk for housing instability and related negative outcomes.
Increases access and flexibility. The amendments expand who can initiate reentry motions (including social services officials and agencies, not just the youth), which can make it easier for vulnerable young adults to return to a supportive environment, even if they’re not able to advocate for themselves.
Sets clear timelines and eligibility criteria. The bill establishes deadlines (e.g., motions must be filed within 24 months after discharge at age 18 or later) and defines who qualifies as a “former foster care youth,” creating more predictable and navigable pathways for both youth and agencies.
Emphasizes youth consent and best interests. The process requires the youth’s consent and that reentry be in their best interest, balancing support with respect for autonomy and ensuring placements are appropriate rather than automatic.
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Headline styles
Let Foster Youth Return
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Print number 5472b
- Amend and recommit to children and families
- Print number 5472a
- Amend and recommit to children and families
- Referred to children and families
- Reported and committed to rules
- Referred to children and families
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Foster Youth Return
Assembly Floor Calendar · Sponsor Ellen C. Jaffee
Full text
5 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5472--B
2017-2018 Regular Sessions
IN SENATE
March 30, 2017
Introduced by Sen. AVELLA -- (at request of the Office of Court Administration) -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- recommitted to the Committee on Children and Families in accordance with Senate Rule
6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the family court act, in relation to reentry of former foster care children into foster care
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 6 of section 355.3 of the family court act, as amended by chapter 663 of the laws of 1985, is amended to read as follows:
6. Successive extensions of placement under this section may be granted, but no placement may be made or continued beyond the respondent's eighteenth birthday without [the child's] his or her consent and in no event past [the child's] his or her twenty-first birthday. A respondent who has attained the age of eighteen but is less than twenty-one years of age may move or, with his or her consent, may be the subject of a motion to reenter foster care in accordance with the provisions of section one thousand ninety-one of this act, provided that:
(i) the respondent was either discharged from foster care on or after attaining the age of eighteen due to a failure to consent to the continuation of placement or was discharged from foster care on or after attaining the age of sixteen but who is or is likely to be homeless unless returned to foster care; and
(ii) where the respondent had been previously placed or transferred into placement with a local social services district pursuant to this section or section 353.3 or 355.1 of this part, the motion may be made
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10273-04-8
S. 5472--B 2
by a social services official; or where the respondent had been previously placed with the state office of children and family services for a non-secure or limited secure level of care pursuant to this section or section 353.3 or 355.1 of this part where the placement was made in a county that does not have an approved "close to home" program, the motion may be made by an official of the state office of children and family services.
§ 2. Subdivision 6 of section 355.3 of the family court act, as amended by section 75 of part WWW of chapter 59 of the laws of 2017, is amended to read as follows:
6. Successive extensions of placement under this section may be granted, but no placement may be made or continued beyond the respondent's eighteenth birthday without [the child's] his or her consent for acts committed before the respondent's sixteenth birthday and in no event past [the child's] his or her twenty-first birthday except as provided for in subdivision four of section 353.5 of this part. A respondent who has attained the age of eighteen but is less than twenty-one years of age may move or, with his or her consent, may be the subject of a motion to reenter foster care in accordance with the provisions of section one thousand ninety-one of this act, provided that:
(i) the respondent was either discharged from foster care on or after attaining the age of eighteen due to a failure to consent to the continuation of placement or was discharged from foster care on or after attaining the age of sixteen but who is or is likely to be homeless unless returned to foster care; and
(ii) where the respondent had been previously placed or transferred into placement with a local social services district pursuant to this section or section 353.3 or 355.1 of this part, the motion may be made by a social services official; or where the respondent had been previously placed with the state office of children and family services for a non-secure or limited secure level of care pursuant to this section or section 353.3 or 355.1 of this part where the placement was made in a county that does not have an approved "close to home" program, the motion may be made by an official of the state office of children and family services.
§ 3. Subdivision (f) of section 756-a of the family court act, as added by chapter 604 of the laws of 1986, is amended to read as follows:
(f) Successive extensions of placement under this section may be granted, but no placement may be made or continued beyond the child's eighteenth birthday without his or her consent and in no event past his or her twenty-first birthday. A child who was previously placed with a local social services district pursuant to section seven hundred fiftysix of this part and who was discharged from foster care on or after attaining the age of eighteen due to a failure to consent to continuation of placement or was discharged from foster care on or after attaining the age of sixteen but who is or is likely to be homeless unless returned to foster care may move, or, with his or her consent, may be the subject of a motion by a social services official to reenter foster care in accordance with the provisions of section one thousand ninetyone of this act.
§ 4. Section 1088 of the family court act, as amended by chapter 605 of the laws of 2011, is amended to read as follows:
§ 1088. Continuing court jurisdiction. (a) If a child is placed pursuant to section three hundred fifty-eight-a, three hundred eighty-four, or three hundred eighty-four-a of the social services law, or pursuant to section one thousand seventeen, one thousand twenty-two, one thousand
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twenty-seven, one thousand fifty-two, one thousand eighty-nine, one thousand ninety-one, one thousand ninety-four or one thousand ninetyfive of this act, or directly placed with a relative pursuant to section one thousand seventeen or one thousand fifty-five of this act; or if the child is freed for adoption pursuant to section six hundred thirty-seven of this act or section three hundred eighty-three-c, three hundred eighty-four or three hundred eighty-four-b of the social services law, the case shall remain on the court's calendar and the court shall maintain jurisdiction over the case until the child is discharged from placement and all orders regarding supervision, protection or services have expired.
(b) The court shall rehear the matter whenever it deems necessary or desirable, or upon motion by any party entitled to notice in proceedings under this article, or by the attorney for the child, and whenever a permanency hearing is required by this article. While the court maintains jurisdiction over the case, the provisions of section one thousand thirty-eight of this act shall continue to apply.
(c) The court shall also maintain jurisdiction over a case for purposes of hearing a motion to permit a former foster care youth [under the age of twenty-one who was discharged from foster care due to a failure to consent to continuation of placement], as defined in subdivision (a) of 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] district from which the youth was most recently discharged, or, in the case of a child freed for adoption, the authorized agency into whose custody and guardianship the child has been placed.
§ 5. Section 1091 of the family court act, as added by chapter 342 of the laws of 2010, is amended to read as follows:
§ 1091. Motion to return to foster care placement. (a) For purposes of this article, "former foster care youth" shall mean a youth who has attained the age of eighteen but is under the age of twenty-one and who had been:
(1) discharged from foster care on or after attaining the age of eighteen due to a failure to consent to continuation in foster care or discharged from foster care on or after attaining the age of sixteen but who is or is likely to be homeless unless returned to foster care; and
(2)(i) placed in foster care with a local social services district pursuant to article three, seven, ten, ten-A or ten-C of this act or section three hundred fifty-eight-a of the social services law; or
(ii) freed for adoption in accordance with section six hundred thirty-seven of this act or section three hundred eighty-three-c, three hundred eighty-four or three hundred eighty-four-b of the social services law but has not yet been adopted; or
(iii) the subject of a motion to restore parental rights that had been conditionally granted pursuant to paragraph (iii) of subdivision (b) of section six hundred thirty-seven of this act; or
(iv) placed with the office of children and family services for a non-secure or limited secure level of care pursuant to section 353.3, 355.1 or 355.3 of this act where the placement was made in a county that does not have an approved "close to home" program.
(b) A motion to return a former foster care youth [under the age of twenty-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] district from which
S. 5472--B 4
the youth was most recently discharged, or, in the case of a youth placed with the office of children and family services in accordance with subparagraph (iv) of paragraph two of subdivision (a) of this section, the commissioner of the office of children and family services, or, in the case of a child freed for adoption, the social services district or authorized agency into whose custody and guardianship the child has been placed, may be made by such former foster care youth, or by [a] the applicable official of the local social services [official] district, authorized agency or the office of children and family services 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].
(c) (1) With respect to a former foster care youth discharged on or after his or her eighteenth birthday, 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.
(2) With respect to a former foster care youth discharged prior to his or her eighteenth birthday, the court shall not entertain a motion filed after his or her twenty-first birthday.
[(a)] (d) A motion made pursuant to this [section] article by [a] the applicable official of the local social services [official] district, authorized agency or the office of children and family services shall be made by order to show cause. Such motion shall show by affidavit or other evidence that:
(1) the former foster care youth has no reasonable alternative to foster care;
(2) the former foster care youth consents to enrollment in and attendance at an appropriate educational or vocational program, unless evidence is submitted that such enrollment or attendance is unnecessary or inappropriate, given the particular circumstances of the youth;
(3) re-entry into foster care is in the best interests of the former foster care youth; [and]
(4) the former foster care youth consents to the re-entry into foster care; and
(5) in the case of a former foster youth discharged from foster care on or after attaining the age of sixteen, the youth is or is likely to be homeless unless returned to foster care.
[(b)] (e) A motion made pursuant to this [section] article by a former foster care youth shall be made by order to show cause [or] on ten days notice to the applicable official of the local social services [official] district, authorized agency or the office of children and family services. Such motion shall show by affidavit or other evidence that:
(1) the requirements outlined in paragraphs one, two and three and, if applicable, paragraph five of subdivision [(a)] (d) of this section are met; and
(2) (i) the applicable official of the local social services district, authorized agency or the office of children and family services consents to the re-entry of such former foster care youth, or [if]
(ii) the applicable official of the local social services district, authorized agency or the office of children and family services refuses to consent to the re-entry of such former foster care youth and [that] such refusal is unreasonable.
[(c)] (f) (1) If at any time during the pendency of a proceeding brought pursuant to this [section] article, the court finds a compelling reason that it is in the best interests of the former foster care youth
S. 5472--B 5
to be returned immediately to the custody of the applicable local commissioner of social services or [other officer, board or department authorized to receive children as public charges] official of the applicable authorized agency or the office of children and family services, pending a final decision on the motion, the court may issue a temporary order returning the youth to the custody of [the] such local commissioner of social services or other [officer, board or department authorized to receive children as public charges] official.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the family court act, in relation to reentry of former foster care children into foster care
This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the request of his Family Court Advisory and Rules Committee.
Chapter 342 of the Laws of 2010, which permits youth who have "aged out" of foster care at the age of 18 to reenter care, has provided a vital "safety net" in cases where a youth would otherwise be facing homeless- ness or other adverse outcomes. Enacted at the time that Federal foster care assistance first became available for youth between the ages of 18 and 21, the statute has proven invaluable in preventing future societal costs by ensuring that youth will have the support necessary to fulfill the commitments that they must make in order to participate in educa- tional or vocational programs as a condition of reentry into care.
Read the full memo (1,407 words)
This measure would clarify one aspect of the statute that has caused some confusion, i.e., the categories of former foster youth to which the statute applies. "Former foster care youth" is not defined in Family Court Article 10-B and although referenced in the permanency hearing provisions (Family Court Act Article 10-A), no specific cross-references are contained in provisions applicable to juvenile delinquents or Persons in Need of Supervision (PINS). This measure would remedy that gap by amending the post-dispositional provisions regarding extensions of placement in the juvenile delinquency and PINS statutes (i.e., Family Court Act §§ 355.3, 756-a(f)) to include references to section 1091 of the Family Court Act. It would further amend section 1091 to add a defi- nition of "former foster care youth" explicitly including youth placed in foster care with local social services districts pursuant to juvenile delinquency, PINS, child protective or destitute child adjudications and voluntary placements, as well as children freed for adoption but not yet adopted, whose guardianship and custody have been transferred to a local social services district or authorized child care agency. It also would include the small number of juvenile delinquents placed by Family Courts in counties outside New York City who were discharged from non-secure or limited-secure care placements with the State Office of Children and Family Services (OCFS).{1}
Significantly, in addition to the rare cases of youth who age out of foster care at the age of 18, the measure also would apply to youth who were discharged from foster care on or after attaining the age of 16 but who are or are likely to be homeless unless returned to foster care. Like youth who have "aged out," such youth would not be able to petition to reenter foster care until they reach the age of 18. In order to accommodate this category, instead of limiting the reentry application to 24 months from discharge from foster care, the measure provides that the reentry application must be made before former foster care youth reach their 20th birthdays. The inclusion of these youth in the defi- nition of "former foster care youth" is critically important as provid- ers of services to runaway and homeless youth have reported a signif- icant influx of these youth in their shelters - youth who would be better served and for a longer period of time by a return to foster care than by the temporary shelter available from these providers. This measure would codify the only appellate ruling on the statute to date and is consistent with the position taken by OCFS, the oversight agency for foster care in New York. The Appellate Division, Second Department, in Matter of Jefry H., 102 A.D.3d 132 (2nd Dept., 2012), reversed a Family Court decision in which the judge had construed the absence of specific language to mean that the statute did not cover PINS cases. In holding that section 1091 of the Family Court Act does apply to PINS who had been placed in foster care, the Appellate Division noted that the rationale for enacting chapter 342 applies with equal force to all foster care youth discharged from care. The Court further noted the broad interpretation accorded to the scope of the statute by OCFS. Id. Consistent with Federal requirements to treat all categories of youth eligible to receive foster care assistance under Title IV-E of the Social Security Act identically, the OCFS, in its administrative memo- randum to local social services districts, indicated that the statute applied to all former foster care youth, including former foster care youth placed with local departments of social services. See 11-OCFS ADM-02 (March 3, 2011) at pps 2, 7.
Professor Merril Sobie, in his 2012 Practice Commentary to section 10911, indicated that "(t)he language strongly suggests that the statute applies to each and every foster child, and is not limited to children who have been placed as a result of an Article 10 (child protective) proceeding." Writing before the Appellate Division reversal in Matter of Jefry H., Prof. Sobie continued:
It would have been preferable if Article 10-B had been drafted to explicitly apply to non-Article 10 placements. (See, by comparison, Section 1087(a), which enumerates the placements for which Article 10-A applies.) But the lack of an explicit provision is not necessarily dispositive. It's difficult to conceive that the Legislature intended to differentiate or discriminate between similarly situated "former foster care youth", or that the legislative decision to craft a separate arti- cle excludes non-Article 10 children (if Section 1091 was intended to be limited to Article 10 placements, it would have presumably been added to that Article). The issue will probably be raised and determined at the Appellate Division level (unless the Legislature quickly amends Section 1091).
Predictably, most youth returning to foster care are those who had been placed pursuant to child protective proceedings, but the option is equally vital for those youth in the juvenile justice system who have been placed with local social services districts. As the legislative supporting memorandum for chapter 342 stated:
Although the Family Court Act permits (foster youth) to consent to continued foster care with its attendant supports and services until they reach the age of 21, many make precipitous decisions to show their independence and refuse to consent to remain in care even when they are desperately in need of assistance. Youth living in intact families are not faced with such decisions; they may leave home to attend college, but they do not abruptly terminate all connections with their families and often continue to receive financial and other aid. Youth leaving foster care, in contrast, often have no family to fall back on. For them, independent living' may be akin to falling off a precipice.
(Assembly Mem in Support, Bill Jacket, L. 2010, c. 342 at 8).
The well-documented problems faced by these youth - increased incidence of school drop-out, homelessness, unemployment, criminality and teen pregnancy - are even more likely to afflict the vulnerable juvenile justice population upon discharge from care. In its memos to the Gover- nor regarding chapter 342, both the Division of the Budget and OCFS noted the additional costs to counties from these adverse consequences that would be averted by permitting the option for youth to reenter foster care. See Memo of Division of the Budget and Letter from OCFS General Counsel, Bill Jacket, L. 2010 c. 342. Codification of Matter of Jefry H. through enactment of this measure, as well as extension of the option to youth discharged prior to their 18th birthday, therefore, will provide a cost-effective avenue to support particularly vulnerable youth as they make the difficult transition from foster care to successful productive and law-abiding adulthood. This measure, which would have no fiscal impact on the State, would take effect immediately.
2017-18 LEGISLATIVE HISTORY:
Senate 5472 (Sen. Avella) (amended and recommitted to Children & Fami- lies, S. 5472-A) Assembly 7555 (M. of A. Jaffee) (amended on 3rd Rdg., A. 7555-A)
2014 LEGISLATIVE HISTORY:
Senate 6815 (Senator Felder) (PASSED)
2013 LEGISLATIVE HISTORY:
Senate 4529-B (Senator Felder) (Veto Memo 226) Assembly 7339-A (M. of A. Lupardo) (Veto Memo 226)
{1} With implementation of the "Close to Home" program in New York City, the New York City's Family Court only places delinquent youth with the New York City Administration for Children's Services, except for a small number placed restrictively with OCFS, a category not covered by the existing reentry statute or this measure.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.