N.Y. Fam. Ct. Act § 1091

§ 1091. Motion to return to foster care placement. A motion to return\na former foster care youth under the age of twenty-one, who was\ndischarged from foster care due to a failure to consent to continuation\nof placement, to the custody of the local commissioner of social\nservices or other officer, board or department authorized to receive\nchildren as public charges, may be made by such former foster care\nyouth, or by a local social services official upon the consent of such\nformer foster care youth, if there is a compelling reason for such\nformer foster care youth to return to foster care; provided however,\nthat the court shall not entertain a motion filed after twenty-four\nmonths from the date of the first final discharge that occurred on or\nafter the former foster care youth's eighteenth birthday.\n (a) A motion made pursuant to this section by a social services\nofficial shall be made by order to show cause. Such motion shall show by\naffidavit or other evidence that:\n (1) the former foster care youth has no reasonable alternative to\nfoster care;\n (2) the former foster care youth consents to enrollment in and\nattendance at an appropriate educational or vocational program, unless\nevidence is submitted that such enrollment or attendance is unnecessary\nor inappropriate, given the particular circumstances of the youth;\n (3) re-entry into foster care is in the best interests of the former\nfoster care youth; and\n (4) the former foster care youth consents to the re-entry into foster\ncare.\n (b) A motion made pursuant to this section by a former foster care\nyouth shall be made by order to show cause or ten days notice to the\nsocial services official. Such motion shall show by affidavit or other\nevidence that:\n (1) the requirements outlined in paragraphs one, two and three of\nsubdivision (a) of this section are met; and\n (2) the applicable local social services district consents to the\nre-entry of such former foster care youth, or if the applicable local\nsocial services district refuses to consent to the re-entry of such\nformer foster care youth and that such refusal is unreasonable.\n (c) (1) If at any time during the pendency of a proceeding brought\npursuant to this section the court finds a compelling reason that it is\nin the best interests of the former foster care youth to be returned\nimmediately to the custody of the local commissioner of social services\nor other officer, board or department authorized to receive children as\npublic charges pending a final decision on the motion, the court may\nissue a temporary order returning the youth to the custody of the local\ncommissioner of social services or other officer, board or department\nauthorized to receive children as public charges.\n (2) Where the local social services district has refused to consent to\nthe re-entry of a former foster care youth, and where it is alleged\npursuant to paragraph two of subdivision (b) of this section, that such\nrefusal by such social services district is unreasonable, the court\nshall grant a motion made pursuant to subdivision (b) of this section if\nthe court finds and states in writing that the refusal by the local\nsocial services district is unreasonable. For purposes of this section,\na court shall find that a refusal by a local social services district to\nallow a former foster care youth to re-enter care is unreasonable if:\n (i) the youth has no reasonable alternative to foster care;\n (ii) the youth consents to enrollment in and attendance at an\nappropriate educational or vocational program, unless the court finds a\ncompelling reason that such enrollment or attendance is unnecessary or\ninappropriate, given the particular circumstances of the youth; and\n (iii) re-entry into foster care is in the best interests of the former\nfoster youth.\n (3) Upon making a determination on a motion filed pursuant to this\nsection, where a motion has previously been granted pursuant to this\nsection, in addition to the applicable findings required by this\nsection, the court shall grant the motion to return a former foster care\nyouth to the custody of the local commissioner of social services or\nother officer, board or department authorized to receive children as\npublic charges only:\n (i) upon a finding that there is a compelling reason for such former\nfoster care youth to return to care;\n (ii) if the court has not previously granted a subsequent motion for\nsuch former foster care youth to return to care pursuant to this\nparagraph; and\n (iii) upon consideration of the former foster care youth's compliance\nwith previous orders of the court, including the youth's previous\nparticipation in an appropriate educational or vocational program, if\napplicable.\n