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A07681 Summary:

BILL NOA07681A
 
SAME ASSAME AS S07179
 
SPONSORFernandez
 
COSPNSR
 
MLTSPNSR
 
Amd §§355.3, 756-a, 1055, 1088 & 1091, Fam Ct Act; amd §507-a, Exec L
 
Provides for additional services or supports for youths who were previously in the foster care system; deals with the reentry of former foster care children back into the foster care system.
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A07681 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7681A
 
SPONSOR: Fernandez
  TITLE OF BILL: An act to amend the family court act and the executive law, in relation to reentry of former foster care children into foster care 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,(1) 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. Inclusion of youth discharged prior to reaching 18 in the definition of "former foster care youth" is critically important as providers of services to runaway and homeless youth have reported a significant influx of these youth in their shelters - youth who would be better served by a return to foster care than by the temporary shelter avail- able from these providers. Recognizing the efficacy of returning to foster care as a way to reduce the former foster care youth population in homeless youth facilities, an Article VII bill introduced as part of the 20172018 FY State budget amended the Runaway and Homeless Youth Act   Executive Law § 532- b(1)(h) to require that runaway and homeless youth crisis services programs "provide information to eligible youth about their ability to reenter foster care" in accordance with this statute. See L. 2017, c. 56, Part M, § 3. Additionally, the measure would clarify an aspect of the statute that has caused confusion, i.e., the categories of former foster care youth to which the statute applies. "Fowler foster care youth" is not defined in Family Court Article 10-B and, although referenced in the permanency hearing provisions of Article 10-A, no specific cross-references are contained in provisions applicable to juvenile delinquents or Persons in Need of Supervision (PINS). This measure would remedy that gap by amend- ing the post-dispositional provisions regarding extensions of placement in the juvenile delinquency and PINS statutes   Family Court Act §§ 355.3, 756-a(f), as well as the child protective placement statute   Family Court Act§ 1055, to include references to Family Court Act § 1091. It would further amend § 1091 to add a definition of "former foster care youth" that explicitly includes youth placed in foster care with local social services districts pursuant to juvenile delinquency, PINS, child protective or destitute child adjudications and voluntary placements, as well as children freed for adoption but not yet adopted, whose guardianship and custody have been transferred to a local social services district or authorized child care agency. It would also include the small number of juvenile delinquents placed by Family Courts in counties outside New York City, who were discharged from non-secure placements with the State Office of Children and Family Services (OCFS), including those who may have been transferred to non-secure facilities from secure or limited secure facilities.(2) Such OCFS-placed youth would be eligible for placement with the social services district in which they reside. This measure would codify the only appellate ruling on the statute to date and is consistent with the position taken by OCFS, the oversight agency for foster care in New York. The Appellate Division, Second Department, in Matter of Jefry H., 102 A.D.3d 132 (2nd Dept., 2012), reversed a Family Court decision in which the judge had construed the absence of specific language to mean that the statute did not cover PINS cases. In holding that Family Court Act § 1091 does apply to PINS who had been placed in foster care, the Appellate Division noted that the rationale for enacting chapter 342 applies with equal force to all foster care youth discharged from care. The Court further noted the broad interpretation accorded to the scope of the statute by OCFS. Id. Consistent with Federal requirements to treat all categories of youth eligible to receive foster care assistance under Title IV-E of the Social Security Act identically, OCFS, in its administrative memorandum to local social services districts, indicated that the statute applied to all former foster care youth, including former foster care youth placed with local departments of social services. See 11-OCFS ADM-02 (March 3, 2011) at pps 2, 7. Professor Merril Sobie, in his 2012 Practice Commentary to Family Court Act § 1091, indicated that "  the language strongly suggests that the statute applies to each and every foster child, and is not limited to children who have been placed as a result of an Article 10   child protective proceeding." Writing before the Appellate Division reversal in Matter of Jefry H., Prof Sobie continued: It would have been preferable if Article 10-B had been drafted to explicitly apply to non-Article 10 placements. (See, by comparison, Section 1087(a), which enumerates the placements for which Article 10-A applies.) But the lack of an explicit provision is not necessarily dispositive. Its difficult to conceive that the Legislature intended to differentiate or discriminate between similarly situated "former foster care youth", or that the legislative decision to craft a separate arti- cle excludes non-Article 10 children (if Section 1091 was intended to be limited to Article 10 placements, it would have presumably been added to that Article). The issue will probably be raised and determined at the Appellate Division level (unless the Legislature quickly amends Section 1091). Predictably, most youth returning to foster care are those who had been placed pursuant to child protective proceedings, but the option is equally vital for those youth in the juvenile justice system who have been placed with local social services districts. As the supporting memorandum for chapter 342 stated: Although the Family Court Act permits   foster care youth to consent to continued foster care with its attendant supports and services until they reach the age of 21, many make precipitous decisions to show their independence and refuse to consent to remain in care even when they are desperately in need of assistance. Youth living in intact families are not faced with such decisions; they may leave home to attend college, but they do not abruptly terminate all connections with their families and often continue to receive financial and other aid. Youth leaving foster care, in contrast, often have no family to fall back on. For them, independent living' may be akin to falling off a precipice.   Assembly Mem in Support, Bill Jacket, L. 2010, c. 342 at 8 The well-documented problems faced by former foster care youth - increased incidence of school drop-out, homelessness, unemployment, criminality and teen pregnancy- afflict such youth regardless of the ages at which they are discharged and may be even more serious with respect to the vulnerable juvenile justice population upon discharge from care. In memos to the Governor regarding chapter 342, both the Division of the Budget and OCFS noted the additional costs to counties from these adverse consequences that would be averted by providing an option for youth to reenter foster care. See Memo of Division of the Budget and Letter from OCFS General Counsel, Bill Jacket, L. 2010 c. 342. Codification of Matter of Jefry H. through enactment of this meas- ure, as well as extension of the option to youth discharged prior to their 18th birthdays, therefore, will provide a cost-effective avenue to support particularly vulnerable youth as they make the difficult transi- tion from foster care to successful, productive and law-abiding adult- hood. This measure would take effect 90 days after it shall have become a law.   2019-20 LEGISLATIVE HISTORY: OCA 72 1 Federal foster care assistance for youth up to the age of 21 under Title IV-E of the Social Security Act became available as of October 1, 2010 pursuant to the Fostering Connections to Success and Increasing Adoptions Act of 2008   Public Law 110-351. 2 With the implementation of the "Close to Home" program in New York City, the New York City Family Court only places delinquent youth with the New York City Administration for Children's Services, except for a small number placed restrictively with NYS OCFS, a category not covered by the existing reentry statute or by the measure unless the juveniles have been transferred and then discharged from non-secure facilities.
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A07681 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7681--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 19, 2021
                                       ___________
 
        Introduced  by  M. of A. FERNANDEZ -- (at request of the Office of Court
          Administration) -- read once and referred to the Committee on Children
          and Families -- reported and referred to the  Committee  on  Codes  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        AN ACT to amend the family court act and the executive law, in  relation
          to reentry of former foster care children into foster care
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 6 of section 355.3 of the family court act,  as
     2  amended  by section 75 of part WWW of chapter 59 of the laws of 2017, is
     3  amended and a new subdivision 7 is added to read as follows:
     4    6. Successive extensions of placement under this section may be grant-
     5  ed, but no placement may be made or continued  beyond  the  respondent's
     6  eighteenth  birthday  without [the child's] his or her consent [for acts
     7  committed before the respondent's sixteenth birthday] and  in  no  event
     8  past  [the  child's] his or her twenty-first birthday except as provided
     9  for in subdivision four of section 353.5 of this part.
    10    7. A youth who was formerly a respondent pursuant to this article  may
    11  be  eligible  to file a motion pursuant to article ten-B of this act and
    12  may be subsequently placed into foster care, in a supervised setting  as
    13  defined  in  subdivision twenty-two of section three hundred seventy-one
    14  of the social services law or placement in a foster family  home,  which
    15  shall include a kinship placement or a placement with fictive kin.
    16    §  2. Section 756-a of the family court act is amended by adding a new
    17  subdivision (i) to read as follows:
    18    (i) A youth who was formerly a respondent  pursuant  to  this  article
    19  shall be eligible to file a motion pursuant to article ten-B of this act
    20  and may be subsequently placed into foster care, in a supervised setting
    21  as  defined  in subdivision twenty-two of section three hundred seventy-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10135-04-1

        A. 7681--A                          2
 
     1  one of the social services law or placement in  a  foster  family  home,
     2  which shall include a kinship placement or a placement with fictive kin.
     3    §  3.  Paragraph  (i) and the opening paragraph of subparagraph (A) of
     4  paragraph (ii) of subdivision (e) of section 1055 of  the  family  court
     5  act,  as  amended by chapter 34 of the laws of 2021, are amended to read
     6  as follows:
     7    (i) No placement may be made or continued under  this  section  beyond
     8  the  child's  eighteenth  birthday  without his or her consent and in no
     9  event past his or her twenty-first birthday. However,  a  former  foster
    10  care  youth  [under  the age of twenty-one who was previously discharged
    11  from foster care due to a failure to consent to continuation  of  place-
    12  ment],  as  defined  in section one thousand ninety-one of this act, may
    13  make a motion pursuant to such section [one thousand ninety-one of  this
    14  act]  to  return  to  the  custody  of  the local commissioner of social
    15  services or other officer, board or  department  authorized  to  receive
    16  children  as  public  charges. In such motion, the youth must consent to
    17  enrollment in and attendance at a vocational or educational  program  in
    18  accordance  with  paragraph  [two]  three  of  subdivision  [(a)] (d) of
    19  section one thousand ninety-one of this act.
    20    A former foster care youth [under the age of twenty-one who was previ-
    21  ously discharged from foster care due to a failure to consent to contin-
    22  uation of placement pursuant to], as defined  in  section  one  thousand
    23  ninety-one of this act, may:
    24    §  4.  Section 1088 of the family court act, as amended by chapter 605
    25  of the laws of 2011, is amended to read as follows:
    26    § 1088. Continuing court jurisdiction. (a) If a child is placed pursu-
    27  ant to section three hundred fifty-eight-a, three  hundred  eighty-four,
    28  or  three  hundred eighty-four-a of the social services law, or pursuant
    29  to section one thousand seventeen, one thousand twenty-two, one thousand
    30  twenty-seven, one thousand  fifty-two,  one  thousand  eighty-nine,  one
    31  thousand  ninety-one,  one  thousand ninety-four or one thousand ninety-
    32  five of this act, or directly placed with a relative pursuant to section
    33  one thousand seventeen or one thousand fifty-five of this act; or if the
    34  child is freed for adoption pursuant to section six  hundred  thirty-one
    35  of  this  act  or  section  three  hundred eighty-three-c, three hundred
    36  eighty-four or three hundred eighty-four-b of the social  services  law,
    37  the  case shall remain on the court's calendar and the court shall main-
    38  tain jurisdiction over the case  until  the  child  is  discharged  from
    39  placement  and  all orders regarding supervision, protection or services
    40  have expired.
    41    (b) The court shall rehear the matter whenever it deems  necessary  or
    42  desirable, or upon motion by any party entitled to notice in proceedings
    43  under  this  article,  or  by the attorney for the child, and whenever a
    44  permanency hearing is required by this article. While  the  court  main-
    45  tains jurisdiction over the case, the provisions of section one thousand
    46  thirty-eight of this act shall continue to apply.
    47    (c)  The  court  shall  also  maintain  jurisdiction  over  a case for
    48  purposes of hearing a motion to permit a former foster care youth [under
    49  the age of twenty-one who was discharged from foster care due to a fail-
    50  ure to consent to continuation of  placement],  as  defined  in  article
    51  ten-B  of  this act, to return to the custody of the [local commissioner
    52  of] social services [or other officer, board or department authorized to
    53  receive children as public charges] district from which  the  youth  was
    54  most  recently  discharged  or, in the case of a youth previously placed
    55  with the office of children and family services  for  placement,  to  be
    56  placed  in  the  custody  of the social services district of the child's

        A. 7681--A                          3
 
     1  residence or, in the case of a child freed for adoption, the  authorized
     2  agency into whose custody and guardianship the child has been placed.
     3    §  5. Section 1091 of the family court act, as added by chapter 342 of
     4  the laws of 2010 and the opening paragraph as amended by chapter  34  of
     5  the laws of 2021, is amended to read as follows:
     6    §  1091.  Motion to return to foster care placement.  (a) For purposes
     7  of this article:
     8    (1) "Former foster care youth" shall mean a youth:
     9    (i) who has attained the age of eighteen but is under the age of twen-
    10  ty-one and who had been discharged from a  foster  care  setting  on  or
    11  after:
    12    (A)  attaining  the  age  of  eighteen  due to a failure to consent to
    13  continuation in foster care; or
    14    (B) attaining the age of sixteen but who is or is likely to  be  home-
    15  less unless returned to foster care; and
    16    (ii)(A) placed in foster care with a local social services district or
    17  authorized agency, as applicable, pursuant to article three, seven, ten,
    18  ten-A or ten-C of this act or section three hundred fifty-eight-a of the
    19  social services law; or
    20    (B)  freed for adoption in accordance with section six hundred thirty-
    21  one of this act or section three hundred eighty-three-c,  three  hundred
    22  eighty-four  or  three  hundred eighty-four-b of the social services law
    23  but has not yet been adopted; or
    24    (C) placed with the office of children and family services as a  juve-
    25  nile delinquent for a non-secure level of care pursuant to article three
    26  of this act.
    27    (2) "Foster care setting" shall not include placements in:
    28    (i)  (A)  a  limited secure or secure level of care with the office of
    29  children and family services; or
    30    (B) a limited secure level of care where the placement was made  in  a
    31  county  that has an approved "close to home" program pursuant to section
    32  four hundred four of the social services law.
    33    (ii) Provided however, a youth who was previously placed in a  limited
    34  secure  or  secure  level  of care but was subsequently transferred to a
    35  non-secure level of care may still be eligible to re-enter if such youth
    36  was ultimately released from a non-secure setting.
    37    (b) A motion to return a former foster care youth [under  the  age  of
    38  twenty-one,  who  was  discharged  from  foster care due to a failure to
    39  consent to continuation of placement,] to  the  custody  of  the  [local
    40  commissioner  of] social services [or other officer, board or department
    41  authorized to receive children as public charges]  district  from  which
    42  the  youth  was  most  recently  discharged,  or, in the case of a youth
    43  previously placed with the office of children and family services, to be
    44  placed in the custody of the social services  district  of  the  child's
    45  residence,  or,  in  the  case of a child freed for adoption, the social
    46  services district or authorized agency into whose custody and  guardian-
    47  ship  such child has been placed, may be made by such former foster care
    48  youth, or by [a] the applicable official of the  local  social  services
    49  [official]  district,  authorized  agency  or the office of children and
    50  family services upon the consent of such former foster  care  youth,  if
    51  there is a compelling reason for such former foster care youth to return
    52  to foster care[; provided however, that the].
    53    (c)  (1)  With  respect to a former foster care youth discharged on or
    54  after his or her eighteenth birthday, the court shall  not  entertain  a
    55  motion  filed  after twenty-four months from the date of the first final
    56  discharge that occurred on or after the former foster care youth's eigh-

        A. 7681--A                          4
 
     1  teenth birthday; provided further, however, that  during  the  state  of
     2  emergency declared pursuant to Executive Order 202 of 2020 or any exten-
     3  sion or subsequent executive order issued in response to the novel coro-
     4  navirus  (COVID-19)  pandemic, such motion shall be heard and determined
     5  on an expedited basis; provided further,  a  former  foster  care  youth
     6  shall  be entitled to return to the custody of the local commissioner of
     7  social services or other officer,  board  or  department  authorized  to
     8  receive  children  as public charges without making a motion pursuant to
     9  this section and, to the extent federally allowable, any requirement  to
    10  enroll  in  and  attend  an  educational  or vocational program shall be
    11  waived for the duration of such state  of  emergency.  Subsequent  to  a
    12  former  foster  youth's  return to placement without making a motion, as
    13  authorized under this section during the  state  of  emergency  declared
    14  pursuant  to  Executive Order 202 of 2020 or any extension or subsequent
    15  executive order issued in response to the novel  coronavirus  (COVID-19)
    16  pandemic,  nothing  herein  shall  prohibit  the  local  social services
    17  district from filing a motion for requisite findings  needed  to  subse-
    18  quently claim reimbursement under Title IV-E of the federal social secu-
    19  rity  act  to  support the youth's care, and the family court shall hear
    20  and determine such motions on an expedited basis.
    21    [(a)] (2) With respect to a former foster care youth discharged  prior
    22  to  his  or  her  eighteenth  birthday,  the court shall not entertain a
    23  motion filed after his or  her  twentieth  birthday;  provided  further,
    24  however,  that during the state of emergency declared pursuant to Execu-
    25  tive  Order 202 of 2020, or any extension or  subsequent  order  issued,
    26  such  former  foster youth shall be entitled to return to the custody of
    27  the local commissioner of social services or  other  officer,  board  or
    28  department  authorized  to  receive  children  as public charges without
    29  making a motion in accordance with  paragraph  one of  this  subdivision
    30  and,  to  the  extent  federally allowable, any requirement to enroll in
    31  and attend an educational or vocational program shall be waived for  the
    32  duration  of  the  state  of  emergency.  Subsequent  to a former foster
    33  youth's return to placement without making a motion, as authorized under
    34  this section during the state of emergency declared pursuant  to  Execu-
    35  tive  Order  202  of 2020 or any extension or subsequent executive order
    36  issued in response to the novel coronavirus (COVID-19) pandemic, nothing
    37  herein shall prohibit the local social services district from  filing  a
    38  motion for requisite findings needed to subsequently claim reimbursement
    39  under  Title  IV-E  of  the  federal  social security act to support the
    40  youth's care, and the family court shall hear and determine such motions
    41  on an expedited basis.
    42    (d) A motion made pursuant to this [section] article by [a] the appli-
    43  cable official of the local social services [official] district, author-
    44  ized agency or the office of children and family services shall be  made
    45  by  order  to  show  cause. Such motion shall show by affidavit or other
    46  evidence that:
    47    (1) the former foster care youth  has  no  reasonable  alternative  to
    48  foster care;
    49    (2) the former foster care youth consents to enrollment in and attend-
    50  ance  at  an  appropriate  educational  or  vocational  program,  unless
    51  evidence is submitted that such enrollment or attendance is  unnecessary
    52  or inappropriate, given the particular circumstances of the youth;
    53    (3)  re-entry  into foster care is in the best interests of the former
    54  foster care youth; [and]
    55    (4) the former foster care youth consents to the re-entry into  foster
    56  care; and

        A. 7681--A                          5
 
     1    (5)  in  the case of a former foster youth discharged from foster care
     2  on or after attaining the age of sixteen, the youth is or is  likely  to
     3  be homeless unless returned to foster care.
     4    [(b)] (e) A motion made pursuant to this [section] article by a former
     5  foster  care youth shall be made by order to show cause [or] on ten days
     6  notice to the applicable official of the local  social  services  [offi-
     7  cial]  district,  authorized agency or the office of children and family
     8  services.  Such motion shall show by affidavit or other evidence that:
     9    (1) the requirements outlined in paragraphs  one,  two  [and],  three,
    10  four and, if applicable, paragraph five of subdivision [(a)] (d) of this
    11  section are met; and
    12    (2) (i) the applicable official of the local social services district,
    13  authorized agency or the office of children and family services consents
    14  to the re-entry of such former foster care youth, or [if]
    15    (ii)  the  applicable  official of the local social services district,
    16  authorized agency or the office of children and family services  refuses
    17  to  consent  to  the re-entry of such former foster care youth [and that
    18  such refusal is unreasonable].
    19    [(c)] (f) (1) If at any time  during  the  pendency  of  a  proceeding
    20  brought pursuant to this [section] article, the court finds a compelling
    21  reason  that it is in the best interests of the former foster care youth
    22  to be returned immediately  to  the  custody  of  the  applicable  local
    23  commissioner  of  social services or [other officer, board or department
    24  authorized to receive children as public charges] official of the appli-
    25  cable authorized agency or the office of children and  family  services,
    26  pending  a final decision on the motion, the court may issue a temporary
    27  order returning the youth to the custody of [the] such local commission-
    28  er of social services or other [officer, board or department  authorized
    29  to receive children as public charges] official.
    30    (2)  Where  the  applicable  official  of  the  local  social services
    31  district, authorized  agency  or  the  office  of  children  and  family
    32  services  has refused to consent to the re-entry of a former foster care
    33  youth, [and where it is alleged pursuant to paragraph two of subdivision
    34  (b) of this section, that such refusal by such social services  district
    35  is unreasonable,] the court shall grant a motion made pursuant to subdi-
    36  vision  [(b)] (e) of this section if the court finds and states in writ-
    37  ing that the refusal [by the local social services district]  is  unrea-
    38  sonable. For purposes of this [section] article, a court shall find that
    39  a refusal [by a local social services district] to allow a former foster
    40  care youth to re-enter care is unreasonable if:
    41    (i) the youth has no reasonable alternative to foster care;
    42    (ii)  the  youth consents to enrollment in and attendance at an appro-
    43  priate educational or vocational  program,  unless  the  court  finds  a
    44  compelling  reason  that such enrollment or attendance is unnecessary or
    45  inappropriate, given the particular circumstances of the youth; and
    46    (iii) re-entry into foster care is in the best interests of the former
    47  foster care youth.
    48    (3) Upon making a determination on a motion  filed  pursuant  to  this
    49  [section]  article,  where a motion has previously been granted pursuant
    50  to this [section]  article,  in  addition  to  the  applicable  findings
    51  required  by this [section] article, the court shall grant the motion to
    52  return a former foster care youth to the custody of the applicable local
    53  commissioner of social services or [other officer, board  or  department
    54  authorized to receive children as public charges] official of the appli-
    55  cable  authorized  agency or the office of children and family services,
    56  only:

        A. 7681--A                          6
 
     1    (i) upon a finding that there is a compelling reason for  such  former
     2  foster care youth to return to care;
     3    (ii)  if  the court has not previously granted a subsequent motion for
     4  such former foster care youth to return to care pursuant to  this  para-
     5  graph; and
     6    (iii)  upon consideration of the former foster care youth's compliance
     7  with previous orders  of  the  court,  including  the  youth's  previous
     8  participation  in  an  appropriate educational or vocational program, if
     9  applicable.
    10    § 6. Subdivision 5 of section 507-a of the executive law,  as  amended
    11  by  section 80 of part WWW of chapter 59 of the laws of 2017, is amended
    12  to read as follows:
    13    5. Consistent with other provisions of law, in the discretion  of  the
    14  commissioner of the office of children and family services, youth placed
    15  within the office under the family court act who attain the age of eigh-
    16  teen  while  in custody of the office and who are not required to remain
    17  in the placement with the office as a result of a dispositional order of
    18  the family court may reside in a placement in an authorized agency or  a
    19  non-secure  facility  until  the  age  of twenty-one, provided that such
    20  youth attend a full-time vocational or educational program and are like-
    21  ly to benefit from such program.
    22    § 7. This act shall take effect immediately; provided,  however,  that
    23  the amendments to section 1055 and the opening paragraph of section 1091
    24  of  the  family  court  act  made by sections three and five of this act
    25  shall not affect the expiration of such subdivision  and  paragraph  and
    26  shall be deemed to expire therewith.
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