ARTICLE 10-B Former Foster Care Youth Re-Entry Proceedings

Question 1

FCA 1091
A motion to return a former foster care youth under age 21 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 only be made by such former foster care youth.

Answer 1

(F) 1091 FCA
A motion may also be made by a local social services official upon the consent of such former foster care youth, if there is a compelling reason for such youth to return to foster care.

Question 2

 FCA 1091
Which provisions shall apply when the local social services official makes a motion to return the former foster care youth.

Answer 2

(T) 1091 FCA
The court shall not entertain a motion filed after 24 months from the date of the first final discharge that occurred on or after the former foster care youth’s 18th birthday.

Question 3

 FCA 1091(a) T OR F
A motion made pursuant to FCA Section 1091 by a social service official shall be made by an order to show cause.

Answer 3

(T) 1091(a) FCA
Such motion shall show required information and relevant stipulations by affidavit or other evidence.

Question 4

 FCA 1091(b) T OR F
A motion made pursuant to FCA Section 1091 by a former foster care youth shall be made by order to show cause or 14 days notice to the social services official.

Answer 4

(F) 1091(b) FCA
Ten days notice is required.

Question 5

  FCA 1091(c) T OR F
The 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 the youth has no reasonable alternative to foster care.

Answer 5

(T) 1091(c) FCA
Also, if re-entry into foster care is in the best interests of the former foster youth. See also subdivision (ii).

Question 6

FCA 1091-a T OR F
Within 30 days of the start of the placement of a former foster care youth, in a qualified residential treatment program, the court shall determine whether the needs of the youth can be met through placement in a foster family home.

Answer 6

(F) 1091-a FCA
The correct answer is 60 days.