Based on changes in New York state law effective November 11, 2010: Chapter 342 permits former foster youth between the ages of 18 and 21 to re-enter foster care under certain circumstances, and requires LDSS to provide notice to a youth transitioning out of care of his or her right to re-enter care.
Approximately 26,000 youth who “age out” of foster care at age 18 each year face significant challenges in meeting their needs for health care, education, employment, housing and emotional support. Although all states provide independent living services to ease this critical transition, an increasing number of states, New York included, allow youth to remain in, or return to, foster care after they reach age 18.
A study by the Chapin Hall Center for Children found that 19-year-old youth in Illinois who chose to remain in foster care experienced better results than did 19-year-old former foster youth in Iowa and Wisconsin, who were required to leave care at age 18. The Illinois youth received more independent living services, progressed further in their education, had more access to health and mental health services, and experienced less economic hardship and involvement in the criminal justice system than did those who left care.
Tips on Re-Entry or Voluntary Return to Care
- Youth between 18 and 21 who within last 24 months were discharged at their own request, can move to return to foster care – ACS/DSS must notify youth of this when they leave care.
- Where a youth needs assistance and supervision but is not willing to physically stay in foster care, you can do ongoing “trial discharge” where DSS/ACS still has care and custody, but child not in a foster care. If the youth will not agree, the youth may simply just leave at any time.
- Youth left care after age 18 – would not consent to remain or to a trial discharge
- Youth not 21 yet, out of care for less than 24 months
- Youth or DSS/ACS makes motion or brings Order to Show Cause
- Can have help of former Attorney for the Child
- Court finds compelling reason that youth has no reasonable alternative to foster care, youth consents to go to educational or vocational program and return is in child’s best interests
- Both youth and local district consent to youth’s return EXCEPT court can do over local district objection if finds district is “unreasonable” in refusal to consent, must make a finding in writing – unreasonable is defined as court making the findings required to make youth eligible
- Court can order the return to care to be immediate if compelling reason why that is in youth’s best interests
- Court must set up and do Permanency Hearings again
- NOTE – not sure if IV-E eligible MAKE IV-E ORDERS in case!
- If voluntarily returned once, youth can make a second motion to return a second time but not again –Youth should understand that only allowed twice!
- If second time, court must make all the same findings again and must consider the youth’s compliance with previous order including the participation in an educational or vocational program
- Return to care provision seemingly applies to youth who had previously refused to remain in care if otherwise qualified