What's happening
This bill expands and clarifies the process allowing former foster youth aged 18-21, including those at risk of homelessness, to reenter foster care.
Why it matters
Broadens eligibility for reentry. The bill allows not only those discharged at 18 for not consenting to continued foster care, but also youth discharged at 16 or older who are homeless or at risk of homelessness, to reenter foster care—addressing a critical gap for vulnerable young adults at risk of instability.
Clarifies who can initiate reentry. Both the former foster youth and officials from local social services districts, authorized agencies, or the Office of Children and Family Services (OCFS) can file motions for reentry (with the youth’s consent), potentially making it easier for at-risk youth to access help and ensuring no eligible youth falls through bureaucratic cracks.
Sets time limits for reentry motions. The bill establishes clear deadlines—motions must generally be filed within 24 months after discharge at age 18 or before the youth turns 20 if discharged earlier. This provides clarity for youth about their window for seeking help, while also creating administrative certainty.
Expands judicial oversight and definitions. Courts retain continuing jurisdiction over eligible youth for reentry motions, including those freed for adoption but not yet adopted, and for youth in limited secure placements in counties without “close to home” programs. This ensures more comprehensive oversight and support for a wider set of young people facing instability after foster care.
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Who cares
Headline styles
Let Foster Youth Return
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by A7941
- Ordered to third reading cal.1726
- Referred to rules
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
Vetoed · Sponsor Ellen C. Jaffee
Full text
5 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6472
2019-2020 Regular Sessions
IN SENATE
June 12, 2019
Introduced by Sen. PERSAUD -- (at request of the Office of Court Administration) -- 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 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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10898-02-9
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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 (g) of section 756-a of the family court act, as amended by section 4-a of part K of chapter 56 of the laws of 2019, is amended to read as follows:
(g) Successive extensions of placement under this section may be granted, only as authorized in this section, provided, however 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 fifty-six 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 ninety-one of this act.
§ 3. 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 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.
§ 4. Section 1091 of the family court act, as added by chapter 342 of the laws of 2010, is amended to read as follows:
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§ 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 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 twentieth 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
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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 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.
(2) Where the applicable official of the local social services district, authorized agency or the office of children and family services has refused to consent to the re-entry of a former foster care youth, and where it is alleged pursuant to subparagraph (ii) of paragraph two of subdivision [(b)] (e) of this section, that such refusal [by such social services district] is unreasonable, the court shall grant a motion made pursuant to subdivision [(b)] (e) of this section if the court finds and states in writing that the refusal [by the local social services district] is unreasonable. For purposes of this [section] article, a court shall find that a refusal [by a local social services district] to allow a former foster care youth to re-enter care is unreasonable if:
(i) the youth has no reasonable alternative to foster care;
(ii) the youth consents to enrollment in and attendance at an appropriate educational or vocational program, unless the court finds a compelling reason that such enrollment or attendance is unnecessary or inappropriate, given the particular circumstances of the youth; and
(iii) re-entry into foster care is in the best interests of the former foster care youth.
(3) Upon making a determination on a motion filed pursuant to this [section] article, where a motion has previously been granted pursuant
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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
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 such youth would otherwise be facing home- lessness 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 by ensuring that such youth will have the support necessary to fulfill commitments they must make to participate in educational or vocational programs as a condition of reentry into care.
The instant measure would extend the option of foster care reentry to a discrete group of youth not covered by chapter 342 but who nonetheless would benefit significantly from it. In addition to the rare cases of youth who "age out" of foster care at the age of 18, the measure would also apply to the limited number of youth who were discharged from foster care on or after attaining age 16 but who are or are likely to be homeless unless returned to foster care. The measure would provide that such youth, like youth who have "aged out," could not petition to reen- ter foster care until they reach the age of 18. In order to accommodate this category, youth who have been discharged prior to their 18th birth- day must make their reentry applications prior to their 20th birthday. The requirement to make the application within 24 months of discharge from foster care would continue to apply to youth discharged on or after their 18th birthday.
Read the full memo (1,474 words)
Inclusion of youth discharged prior to reaching 18 in the definition of "former foster care youth" is critically important as providers of services to runaway and homeless youth have reported a significant 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. Recognizing the efficacy of returning to foster care as a means of reducing the prevalence of former foster care youth in homeless youth facilities, an Article VII measure accompanying the Fiscal Year 2017-2018 State budget amended the Runaway and Homeless Youth Act (Executive Law § 532-b(1)(h)) to require that runaway and homeless youth crisis services programs "provide information to eligible youth about their ability to reenter foster care" in accordance with this statute. See L. 2017, c. 56, Part M, § 3.
Additionally, this measure would clarify an aspect of the statute that has caused some confusion, i.e., the categories of former foster care youth to which the statute applies. "Former foster care youth" is not defined in Family Court Act 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 (Family Court Act §§ 355.3, 756-0) to include refer- ences to Family Court Act § 1091. It would further amend Family Court Act § 1091 to add a definition of "former foster care youth" that explicitly includes youth placed in foster care with local social services districts pursuant to juvenile delinquency, PINS, child protec- tive 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).*
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 Family Court Act § 1091 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, OCFS, in its administrative memorandum 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 Family Court Act § 1091, 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 important for those youth in the juvenile justice system who have been placed with local social services districts. As the legisla- tive Supporting Memorandum for chapter 342 stated: Although the Family Court Act permits (foster care 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 contin- ue 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 former foster care youth -- increased incidence of school drop-out, homelessness, unemployment, criminality and teen pregnancy -- afflict such youth regardless of their ages at discharge and may be even more serious with respect to the vulnerable juvenile justice population upon discharge from care. In its memos to the Governor 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. Codifi- cation of Matter of Jefry H., through enactment of the instant 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 transi- tion from foster care to successful, productive and law-abiding adult- hood.
This measure would take effect immediately.
2017-18 LEGISLATIVE HISTORY::
Senate 5472-B (Sen Avella) (Children & Families) Assembly 7555-B (M. of A. Jaffee) (3rd Rdg.)
* With implementation of the "Close to Home" program in New York City, the City's Family Court only places delinquent youth with the City's Administration for Children's Services, except for a small number placed restrictively with OCFS - a category not covered by the existing reentry statute or the measure.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.