CASANYS, part of the CHAMPS-NY Coalition, Works For Moratorium on Aging Out of Foster Care During the Pandemic; OCFS Protocols Offer a First Step

By Richard Heyl de Ortiz, Director of Training and Program Support

JULY 2020: CASA of New York State is a member of CHAMPS-NY, a statewide coalition of child welfare advocates and providers. During the pandemic, CHAMPS has been advocating for a moratorium on youth aging out of foster care – an issue that CASA staff and volunteers throughout the state are too aware.

What CHAMPS, CASANYS and our partner coalition members are seeking in a moratorium is:

  • The opportunity for youth to remain in foster care if they turn 21 during this pandemic period, which began with the Governor’s “Pause” Order in March. CHAMPS is asking for this moratorium to extend for 180 days after all restrictions related to the Pause and the pandemic are lifted.

  • The opportunity for youth who have left foster care voluntary (as youth can do anytime after their 18th birthday) to return to foster care during this same period.

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This pandemic presents significant and unique challenges for the thousands of children in our state’s child welfare system. During the best of times, children who “age out” of foster care do not perform as well as their peers in the most fundamental aspects of adult life. The statistics are well documented and overwhelming; when youth are discharged without the foundation of family, they face instability in housing, income, and employment. It is essential for their health and well-being that New York State provides the youth in its care and custody a safe home in which to weather the pandemic.

On July 3rd, the New York State Office of Children and Family Services (OCFS) issued protocols that will provide vital support for some of these youth. They allow any young person who aged out after February 29, 2020 or will anytime through December 31, 2020 to return to care if they leave or have left or to continuously remain in care after their 21st birthday if they choose. The protocols do not provide any funding to New York City for this. Counties outside of New York City may reallocate already-obligated Family First Transition Funds (pass thru federal funds) for this extension of foster care if they choose.

These protocols are an important first step. However, there is further to go. There are two bills pending in the New York State Legislature that aim to fully address the needs of these youth. Both are similar and provide protections that many other states, including California, have already enacted. One of the two bills is limited to this current pandemic. The other would extend protections to any state of emergency.

Even in the best of times, no child should age out of foster care without a network of supportive family. In the face of this pandemic, parents all over our state are welcoming their young adult children back home. They are providing safety and security for their young adult children, in many cases beyond age 21. New York State should do the same.

For more information about the moratorium, CHAMPS-NY and CHAMPS member organizations, visit fosteringchamps.org/states/new-york.