On December 22,2021, Governor Hochul signed into law legislation that adds additional services or supports for youths who were previously in the foster care system and deals with the reentry of former foster care children back into the foster care system.
"This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation 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 the 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 in preventing future societal costs by ensuring that the youth will have the support neces- sary to fulfill the commitments that they must make to participate in educational or vocational programs as a condition of reentry into care. The reentry statute was temporarily expanded during the pandemic by chapter 346 of the laws of 2020.
This measure would extend the option of foster care reentry to a group of youth not covered by either the 2020 or the 2020 statutes who would benefit significantly from it. In addition to the rare cases of youth who "age out" of foster care at age 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. Like the youth who have "aged out," the measure would provide that such youth could not petition to reenter foster care until they reach age 18. In order to accommodate this category, youth who have been discharged prior to their 18th birthdays must make their reentry applications prior to their 20th birthdays. 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."
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