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Article 10B - Family Court

FORMER FOSTER CARE YOUTH RE-ENTRY PROCEEDINGS

Section Description
1091 Motion to return to foster care placement.
  S 1091. Motion to return to foster care placement. A motion to return
  a former foster  care  youth  under  the  age  of  twenty-one,  who  was
  discharged  from foster care due to a failure to consent to continuation
  of placement, to  the  custody  of  the  local  commissioner  of  social
  services  or  other  officer,  board or department authorized to receive
  children as public charges, may be  made  by  such  former  foster  care
  youth,  or  by a local social services official upon the consent of such
  former foster care youth, if there  is  a  compelling  reason  for  such
  former  foster  care  youth  to return to foster care; provided however,
  that the court shall not entertain  a  motion  filed  after  twenty-four
  months  from  the  date of the first final discharge that occurred on or
  after the former foster care youth's eighteenth birthday.
    (a) A motion made pursuant  to  this  section  by  a  social  services
  official shall be made by order to show cause. 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
  evidence is submitted that such enrollment or attendance is  unnecessary
  or inappropriate, given the particular circumstances of the youth;
    (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.
    (b)  A  motion  made  pursuant to this section by a former foster care
  youth shall be made by order to show cause or ten  days  notice  to  the
  social  services  official. Such motion shall show by affidavit or other
  evidence that:
    (1) the requirements outlined in paragraphs  one,  two  and  three  of
  subdivision (a) of this section are met; and
    (2)  the  applicable  local  social  services district consents to the
  re-entry of such former foster care youth, or if  the  applicable  local
  social  services  district  refuses  to  consent to the re-entry of such
  former foster care youth and that such refusal is unreasonable.
    (c) (1) If at any time during the pendency  of  a  proceeding  brought
  pursuant  to this section the court finds a compelling reason that it is
  in the best interests of the former foster care  youth  to  be  returned
  immediately  to the custody of the local commissioner of social services
  or other officer, board or department authorized to receive children  as
  public  charges  pending  a  final decision on the motion, the court may
  issue a temporary order returning the youth to the custody of the  local
  commissioner  of  social  services or other officer, board or department
  authorized to receive children as public charges.
    (2) Where the local social services district has refused to consent to
  the re-entry of a former foster care youth,  and  where  it  is  alleged
  pursuant  to paragraph two of subdivision (b) of this section, that such
  refusal by such social services  district  is  unreasonable,  the  court
  shall grant a motion made pursuant to subdivision (b) of this section if
  the  court  finds  and  states  in writing that the refusal by the local
  social services district is unreasonable. For purposes of this  section,
  a court shall find that a refusal by a local social services district to
  allow a former foster care youth to re-enter care is unreasonable if:
    (i) the youth has no reasonable alternative to foster care;
    (ii)  the  youth  consents  to  enrollment  in  and  attendance  at an
  appropriate educational or vocational program, unless the court finds  a
  compelling  reason  that such enrollment or attendance is unnecessary or
  inappropriate, given the particular circumstances of the youth; and
    (iii) re-entry into foster care is in the best interests of the former
  foster youth.
    (3)  Upon  making  a  determination on a motion filed pursuant to this
  section, where a motion has previously been  granted  pursuant  to  this
  section,  in  addition  to  the  applicable  findings  required  by this
  section, the court shall grant the motion to return a former foster care
  youth to the custody of the local commissioner  of  social  services  or
  other  officer,  board  or  department authorized to receive children as
  public charges only:
    (i) upon a finding that there is a compelling reason for  such  former
  foster care youth to return to care;
    (ii)  if  the court has not previously granted a subsequent motion for
  such former foster care  youth  to  return  to  care  pursuant  to  this
  paragraph; and
    (iii)  upon consideration of the former foster care youth's compliance
  with previous orders  of  the  court,  including  the  youth's  previous
  participation  in  an  appropriate educational or vocational program, if
  applicable.

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