Youth may remain in care until age 21 if youth consents. N.Y. Fam. Ct. Act § 1055(e); see also § 756-a(f) (“no placement may be made or continued beyond the child's eighteenth birthday without his or her consent and in no event past his or her twenty-first birthday.”)
In addition, the district must maintain supervision until age 21 for youth discharged to APPLA. N.Y. Comp. Codes R. & Regs. tit. 18, § 430.12.
Care may extend beyond age 21: A provider agency may request an Exception to Policy for a youth to remain in care past age 21. Requests will be considered only for youth in one of the following categories: Young adults who have applied for public housing with the New York City Housing Authority, or supportive housing through NY/NY III or other programs; Young adults with a discharge plan of adult residential/custodial care on whose behalf a referral for New York State Office for People with Developmental Disabilities placement has been made and approved prior to the young adult's 21st birthday, and who need continued care until an appropriate OPWDD placement has been secured; Young adults with a diagnosed mental health condition on whose behalf an application for a supportive adult placement through the New York State Office of Mental Health has been submitted and approved prior to the young adult's 21st birthday and who need continued care until an appropriate OMH supportive placement has been secured. While the Exception to Policy request is pending, the agency shall not discharge the youth. NYC Admin. for Children’s Servs., Exception to Policy Requests—Continuation of Care Past Age 21 (January 9, 2014); see also NYC Admin. for Children’s Servs., Exception to Policy Request to Remain in Care Past Age 21 FPS-019 (rev. June 2017) (form to request care past age 21).
Case Management Requirements
For youth discharged to APPLA: Supervision includes at least monthly contact with the child, unless the child has maintained adequate housing and income continuously for the past six months, in which case at least quarterly contacts shall occur, either face-to-face or by telephone. Where monthly contacts are required, face-to-face contacts on a quarterly basis must occur with the remaining contacts being either face-to-face or by telephone. This requirement of quarterly face-to-face contacts does not apply to children living 50 miles outside of the district. In all cases, the district must provide referral to needed services, including income and housing services, with sufficient follow-up efforts to ensure that the child has begun to receive the services for which he or she was referred. The contact requirements of this clause must be satisfied when the child has refused contact or cannot be located during a 60-day period in which two face-to-face or telephone contacts and one in-home contact have not been successful. The contact requirements mandated by this clause must resume when the child is located and desires to cooperate with the district. N.Y. Comp. Codes R. & Regs. tit. 18, § 430.12.
For youth accepted for an exception to policy: The provider agency must provide bi-weekly updates to the child welfare agency about the status of the transition plan. NYC Admin. for Children’s Servs., Exception to Policy Requests—Continuation of Care Past Age 21 (January 9, 2014); see also NYC Admin. for Children’s Servs., Exception to Policy Request to Remain in Care Past Age 21 FPS-019 (rev. June 2017) (form to request care past age 21).
Eligibility & Procedure
A former foster care youth under age 21 who was previously discharged from care for failure to consent to continuation of placement may move for re-entry, or the local social services official may so move with the youth’s consent. N.Y. Fam. Ct. Act § 1055(e).
A compelling reason for reentry must exist. Motion must be made within 24 months of the youth’s first final discharge that occurred after the youth’s 18th birthday. Such motion shall show by affidavit or other evidence that: (1) the former foster care youth has no reasonable alternative to foster care; (2) the former foster care youth consents to enrollment in and attendance at an appropriate educational or vocational program, unless enrollment or attendance is unnecessary or inappropriate, given the youth’s circumstances; (3) re-entry into foster care is in the best interests of the former foster care youth; and (4) the former foster care youth consents to the re-entry into foster care. If the youth files the motion, it must also show that the applicable social services district consents to re-entry or that is unreasonably withholding consent. Failure to consent is unreasonable if conditions 1-3 above are met. § 1091; see also NY Office of Children & Fam. Servs., Administrative Directive No. 11-OCFS-ADM-02, Re-Entry into Foster Care by Former Foster Care Youth between the Ages of 18 and 21 (Mar. 3, 2011), (detailing re-entry procedures).
Courts & Rights
Court Oversight of Extended Care
Court jurisdiction may be extended at each scheduled permanency hearing until the child reaches the age of twenty-one, so long as the child consents. N.Y. Fam. Ct. Act § 1055(b)(i)(E). Jurisdiction does not extend over youth who remain in care beyond age 21 under an Exception to Policy request. See id.
Procedure for Continuing Court Oversight
(a) In any case in which the child has been placed pursuant to Section 756, the child, the person with whom the child has been placed, or the commissioner of social services may petition the court to extend such placement. Such petition shall be filed at least sixty days prior to the expiration of the period of placement, except for good cause shown, but in no event, shall such petition be filed after the original expiration date. (f) Successive extensions of placement under this section may be granted, but no placement may be made or continued beyond the child’s eighteenth birthday without his or her consent and in no event past his or her twenty-first birthday. N.Y. Family Court Law 756-A-Extension of Placement.
Eligibility for Extended Adoption Assistance
Adoption assistance subsidies remain in effect until the child’s 21st birthday. N.Y. Comp. Codes R. & Regs. tit. 18, § 421.24(c)(5).
Eligibility for Extended Guardianship Assistance
Kinship guardianship assistance may continue until age 21 if the youth was 16 or older when the kinship guardian agreement was completed, and the youth is: (1) completing secondary education or a program leading to an equivalent credential; (2) enrolled in an institution which provides post-secondary or vocational education; (3) employed for at least 80 hours per month; (4) participating in a program or activity designed to promote, or remove barriers to employment; or (5) incapable of doing activities (1) – (4) due to a medical condition. N.Y. Comp. Codes R. & Regs. tit. 18, § 436.6(b).