A 922: Modifies the safe landings for youth leaving foster care act or safe landings act to allow for the conversion of certain motions to become motions to return a respondent to foster care.

  
  STATE OF NEW YORK ________________________________________________________________________ 922 2025-2026 Regular Sessions  IN ASSEMBLY (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: 1 Section 1. Subdivision (b) of section 255 of the family court act, as 2 added by a chapter of the laws of 2024 amending the family court act and 3 the social services law relating to enacting the "safe landings for 4 youth leaving foster care act" or "safe landings act", as proposed in 5 legislative bills numbers S. 8724-B and A. 9321-B, is amended to read as 6 follows: 7 (b) An order of the family court or a judge thereof directing a social 8 services district and/or social services official, as defined in section 9 two of the social services law, [and/or an authorized agency, as defined 10 by subdivision ten of section three hundred seventy-one of the social 11 services law,] to perform an action for the purpose of assisting a youth 12 placed in foster care, shall remain enforceable after such youth is 13 discharged from foster care pursuant to subdivision (d) of section one 14 thousand eighty-eight of this act. 15 § 2. Paragraph (b) of subdivision 11 of section 355.5 of the family 16 court act, as added by a chapter of the laws of 2024 amending the family 17 court act and the social services law relating to enacting the "safe 18 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 1 proposed in legislative bills numbers S. 8724-B and A. 9321-B, is 2 amended and a new paragraph (c) is added to read as follows: 3 (b) [(i)] The court shall maintain jurisdiction over a motion 4 described in paragraph (a) of this subdivision if such motion is filed 5 before the respondent attains the age of [twenty-two, or after such 6 respondent attains the age of twenty-two and upon a showing of good 7 cause, which may include, but shall not be limited to, a failure to 8 obtain stable housing] twenty-three. The court's jurisdiction over any 9 such motion shall continue until such motion and any related appeals are 10 finally resolved. 11 [(ii) For the purposes of this paragraph, "stable housing" shall mean 12 housing where the youth respondent shall be reasonably expected to 13 reside for at least twelve months; provided, however, that a homeless 14 shelter, temporary accommodations with family or friends, a single-room 15 occupancy hotel, or any other congregate living arrangement which houses 16 more than ten unrelated persons, or remaining in a foster care setting 17 pursuant to a local social services district policy or practice after 18 the respondent attains the age of twenty-one, shall not be considered 19 stable housing; provided, however, that discharge into a congregate 20 living arrangement licensed by the office of mental health or the office 21 for people with developmental disabilities, in accordance with a youth's 22 permanency plan or discharge plan, to receive residential services which 23 are reasonably expected to continue for at least twelve months, includ- 24 ing a congregate living arrangement which houses more than ten unrelated 25 persons, shall constitute stable housing.] 26 (c) If the respondent is eligible to return to foster care pursuant to 27 the provisions of article ten-B of this act, upon the consent of the 28 respondent, the court may convert a motion brought under this subdivi- 29 sion to a motion to return the respondent to foster care. 30 § 3. Subdivision (j) of section 756-a of the family court act, as 31 added by a chapter of the laws of 2024 amending the family court act and 32 the social services law relating to enacting the "safe landings for 33 youth leaving foster care act" or "safe landings act", as proposed in 34 legislative bills numbers S. 8724-B and A. 9321-B, is amended to read as 35 follows: 36 (j) Where placement will end prior to a subsequent permanency hearing 37 due to the respondent's age and/or failure to consent to continuation of 38 placement, court orders made pursuant to this section shall be enforcea- 39 ble against the social services district and/or social services offi- 40 cial, as defined in section two of the social services law, [and/or the 41 authorized agency, as defined by subdivision ten of section three 42 hundred seventy-one of the social services law,] with whom such respond- 43 ent was placed after such respondent was discharged from care. 44 (i) The court shall maintain jurisdiction over a case for purposes of 45 hearing a motion for contempt against the agency with whom the respond- 46 ent was placed pursuant to section seven hundred fifty-three of the 47 judiciary law. Such a motion may be brought by such respondent who was 48 formerly placed pursuant to section seven hundred fifty-six of this part 49 or this section. In addition to any other defense, it shall be an 50 affirmative defense to a motion filed in accordance with this paragraph 51 that compliance with the court order was not possible due solely to the 52 youth's refusal to consent to continuation of foster care placement 53 where such refusal is documented in a signed, notarized letter executed 54 by the youth after consultation with their attorney for the child. 55 (ii) [(A)] The court shall maintain jurisdiction over a motion 56 described in paragraph (i) of this subdivision if such motion is filed 
 A. 922 3 1 before the respondent attains the age of [twenty-two, or after such 2 respondent attains the age of twenty-two and upon a showing of good 3 cause, which may include, but shall not be limited to, a failure to 4 obtain stable housing] twenty-three. The court's jurisdiction over any 5 such motion shall continue until such motion and any related appeals are 6 finally resolved. 7 [(B) For the purposes of this paragraph, "stable housing" shall mean 8 housing where the youth respondent shall be reasonably expected to 9 reside for at least twelve months; provided, however, that a homeless 10 shelter, temporary accommodations with family or friends, a single-room 11 occupancy hotel, or any other congregate living arrangement which houses 12 more than ten unrelated persons, or remaining in a foster care setting 13 pursuant to a local social services district policy or practice after 14 the respondent attains the age of twenty-one, shall not be considered 15 stable housing; provided, however, that discharge into a congregate 16 living arrangement licensed by the office of mental health or the office 17 for people with developmental disabilities, in accordance with a youth's 18 permanency plan or discharge plan, to receive residential services which 19 are reasonably expected to continue for at least twelve months, includ- 20 ing a congregate living arrangement which houses more than ten unrelated 21 persons, shall constitute stable housing.] 22 (iii) If the respondent is eligible to return to foster care pursuant 23 to the provisions of article ten-B of this act, upon the consent of the 24 respondent, the court may convert a motion brought under this subdivi- 25 sion to a motion to return the respondent to foster care. 26 § 4. Subdivision (d) of section 1088 of the family court act, as added 27 by a chapter of the laws of 2024 amending the family court act and the 28 social services law relating to enacting the "safe landings for youth 29 leaving foster care act" or "safe landings act", as proposed in legisla- 30 tive bills numbers S. 8724-B and A. 9321-B, is amended to read as 31 follows: 32 (d) (i) Subject to the provisions of paragraph (ii) of this subdivi- 33 sion, the court shall also maintain jurisdiction over a case for 34 purposes of hearing a motion brought by a former foster care youth, as 35 defined in article ten-B of this act, or by a young adult who left 36 foster care upon or after attaining the age of twenty-one, for contempt 37 pursuant to section seven hundred fifty-three of the judiciary law, 38 against a social services district and/or social services official, as 39 defined in section two of the social services law[, and/or an authorized 40 agency, as defined in subdivision ten of section three hundred seventy- 41 one of the social services law]. In addition to any other defense, it 42 shall be an affirmative defense to a motion filed in accordance with 43 this paragraph that compliance with the court order was not possible due 44 solely to the youth's refusal to consent to continuation of foster care 45 placement where such refusal is documented in a signed, notarized letter 46 executed by the youth after consultation with their attorney for the 47 child. 48 (ii) [(A)] The court shall maintain jurisdiction over a motion 49 described in paragraph (i) of this subdivision if such motion is filed 50 before the former foster care youth or young adult attains the age of 51 [twenty-two, or after the former foster care youth or young adult 52 attains the age of twenty-two and upon a showing of good cause, which 53 may include, but shall not be limited to, a failure to obtain stable 54 housing] twenty-three. The court's jurisdiction over any such motion 55 shall continue until such motion and any related appeals are finally 56 resolved. 
 A. 922 4 1 [(B) For the purposes of this paragraph, "stable housing" shall mean 2 housing where the youth shall be reasonably expected to reside for at 3 least twelve months; provided, however, that a homeless shelter, tempo- 4 rary accommodations with family or friends, a single-room occupancy 5 hotel, or any other congregate living arrangement which houses more than 6 ten unrelated persons, or remaining in a foster care setting pursuant to 7 a local social services district policy or practice after the youth 8 attains the age of twenty-one, shall not be considered stable housing; 9 provided, however, that discharge into a congregate living arrangement 10 licensed by the office of mental health or the office for people with 11 developmental disabilities, in accordance with a youth's permanency plan 12 or discharge plan, to receive residential services which are reasonably 13 expected to continue for at least twelve months, including a congregate 14 living arrangement which houses more than ten unrelated persons, shall 15 constitute stable housing.] 16 (iii) If the youth is eligible to return to foster care pursuant to 17 the provisions of article ten-B of this act, upon the consent of the 18 youth, the court may convert a motion brought under this subdivision to 19 a motion to return the youth to foster care. 20 § 5. Clause (C-1) of subparagraph (viii) of paragraph 2 of subdivision 21 (d) of section 1089 of the family court act, as added by a chapter of 22 the laws of 2024 amending the family court act and the social services 23 law relating to enacting the "safe landings for youth leaving foster 24 care act" or "safe landings act", as proposed in legislative bills 25 numbers S. 8724-B and A. 9321-B, is amended to read as follows: 26 (C-1) Where placement will be ending prior to a subsequent permanency 27 hearing due to the child attaining twenty-one years of age, the court 28 may direct the social services district and/or the social services offi- 29 cial, as defined by section two of the social services law, [and/or an 30 authorized agency, as defined by subdivision ten of section three 31 hundred seventy-one of the social services law,] to provide assistance 32 or services to such child and such orders shall be enforceable after 33 such child is discharged from foster care pursuant to subdivision (d) of 34 section one thousand eighty-eight of this article. 35 § 6. Paragraph (c) of subdivision 2-a of section 358-a of the social 36 services law, as added by a chapter of the laws of 2024 amending the 37 family court act and the social services law relating to enacting the 38 "safe landings for youth leaving foster care act" or "safe landings 39 act", as proposed in legislative bills numbers S. 8724-B and A. 9321-B, 40 is amended to read as follows: 41 (c) (i) Subject to the provisions of subparagraph (ii) of this para- 42 graph, the court shall also maintain jurisdiction over a case for the 43 purposes of hearing and deciding a motion brought by a former foster 44 care youth, as defined in article ten-B of the family court act, or by a 45 young adult who left foster care upon or after attaining the age of 46 twenty-one, for contempt pursuant to section seven hundred fifty-three 47 of the judiciary law against a social services district and/or social 48 services official, as defined by section two of this chapter[, and/or an 49 authorized agency, as defined by subdivision ten of section three 50 hundred seventy-one of this chapter]. In addition to any other defense, 51 it shall be an affirmative defense to a motion filed in accordance with 52 this paragraph that compliance with the court order was not possible due 53 solely to the youth's refusal to consent to continuation of foster care 54 placement where such refusal is documented in a signed, notarized letter 55 executed by the youth after consultation with their attorney for the 56 child. 
 A. 922 5 1 (ii) [(A)] The court shall maintain jurisdiction over a motion 2 described in subparagraph (i) of this paragraph if such motion is filed 3 before the former foster care youth or young adult attains the age of 4 [twenty-two, or after the former foster care youth or young adult 5 attains the age of twenty-two and upon a showing of good cause, which 6 may include, but shall not be limited to, a failure to obtain stable 7 housing] twenty-three. The court's jurisdiction over any such motion 8 shall continue until such motion and any related appeals are finally 9 resolved. 10 [(B) For the purposes of this paragraph, "stable housing" shall mean 11 housing where the youth respondent shall be reasonably expected to 12 reside for at least twelve months; provided, however, that a homeless 13 shelter, temporary accommodations with family or friends, a single-room 14 occupancy hotel, or any other congregate living arrangement which houses 15 more than ten unrelated persons, or remaining in a foster care setting 16 pursuant to a local social services district policy or practice after 17 the youth attains the age of twenty-one, shall not be considered stable 18 housing; provided, however, that discharge into a congregate living 19 arrangement licensed by the office of mental health or the office for 20 people with developmental disabilities, in accordance with a youth's 21 permanency plan or discharge plan, to receive residential services which 22 are reasonably expected to continue for at least twelve months, includ- 23 ing a congregate living arrangement which houses more than ten unrelated 24 persons, shall constitute stable housing.] 25 (iii) If the youth is eligible to return to foster care pursuant to 26 the provisions of article ten-B of the family court act, upon the 27 consent of the youth, the court may convert a motion brought under this 28 paragraph to a motion to return the youth to foster care. 29 § 7. Section 11 of a chapter of the laws of 2024 amending the family 30 court act and the social services law relating to enacting the "safe 31 landings for youth leaving foster care act" or "safe landings act", as 32 proposed in legislative bills numbers S. 8724-B and A. 9321-B, is 33 amended to read as follows: 34 § 11. This act shall take effect on the [thirtieth] one hundred eight- 35 ieth day after it shall have become a law and shall apply only to orders 36 issued on or after such date. 37 § 8. This act shall take effect immediately; provided however, that 38 sections one, two, three, four, five and six of this act shall take 39 effect on the same date and in the same manner as a chapter of the laws 40 of 2024 amending the family court act and the social services law relat- 41 ing to enacting the "safe landings for youth leaving foster care act" or 42 "safe landings act", as proposed in legislative bills numbers S. 8724-B 43 and A. 9321-B, takes effect.