S T A T E   O F   N E W   Y O R K
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                                  6862

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 6, 2015
                               ___________

Introduced  by M. of A. CRESPO -- Multi-Sponsored by -- M. of A. ARROYO,
  DAVILA, RAMOS -- 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05773-01-5
              

A. 6862                             2

  (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:
  (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.