S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9574

                          I N  A S S E M B L Y

                               May 7, 2014
                               ___________

Introduced  by  M.  of A. CRESPO, CAMARA, ARROYO, RAMOS, DAVILA, ROSA --
  read once and referred to the Committee on Children and Families

AN ACT to amend the social services law,  in  relation  to  the  age  of
  foster  children;  and in relation to a college break living allowance
  for foster children enrolled full-time in a college or university

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 1 of section 398-a of the social services law,
as amended by chapter 397 of the laws of 1987,  is  amended  and  a  new
subdivision 6 is added to read as follows:
  (1) For purposes of this section, notwithstanding any other provisions
of  law, the term foster child shall mean a person who is cared for away
from his or her home under conditions prescribed by regulations  of  the
department  and  who is:   (a) under the age of [eighteen] TWENTY years,
(b) under the age of [twenty-one] TWENTY-TWO years if a student  attend-
ing  a  school, college or university or regularly attending a course of
vocational or technical training designed to fit him or her for  gainful
employment  or  (c)  [between the ages of eighteen and twenty-one] UNDER
THE AGE OF TWENTY-TWO YEARS who lacks the  skills  or  ability  to  live
independently and consents to continue in care.
  (6)  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROMULGATE REGU-
LATIONS ESTABLISHING STANDARDS FOR A MID-BREAK AND SUMMER LIVING  ALLOW-
ANCE  FOR  FOSTER  CHILDREN UNDER THE AGE OF TWENTY-TWO WHO ARE ENROLLED
FULL TIME AS A STUDENT ATTENDING A SCHOOL, COLLEGE OR UNIVERSITY.   SUCH
LIVING  ALLOWANCE  SHALL BE LIMITED TO THE FIRST FOUR YEARS OF FULL-TIME
STUDY.
  S 2. Paragraph (a) of subdivision 13 of  section  398  of  the  social
services  law,  as  added  by  chapter  544 of the laws of 1982 and such
subdivision as renumbered by chapter 419 of the laws of 1987, is amended
to read as follows:
  (a) In the case of a  child  with  a  handicapping  condition  who  is
placed, pursuant to this chapter, in a foster care agency or institution
located outside the state, and who attains the age of [eighteen] TWENTY,
the social services official shall:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD13012-01-3

A. 9574                             2

  (i)  determine  whether such child will need services after the age of
twenty-one, and, if such need exists;
  (ii) assess the nature of the services required;
  (iii) notify the parent or guardian of such child's need for services;
and
  (iv)  upon the written consent of the parent or guardian, and notwith-
standing section three hundred seventy-two of  this  article,  submit  a
report  on  the  child's  need  for services after age twenty-one to the
department for planning purposes.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.  Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be  made  and
completed on or before such effective date.