April 22, 2009

Forgetting Someone? New York's Permanency Legislation of 2005 Fails to Address the Needs of Juvenile Delinquents in Foster Care

New York's Permanency Legislation of 2005 (the "Permanency Bill") addresses the needs of children in foster care and to achieve the goal of finding stable, long-term living arrangements. The law also represents yet another instance of the overburdened family court's failure to successfully rise to the challenge that delinquents in foster care pose. Most notably, the law imposes continuing jurisdiction of the Family Court over children in foster care, so that a single judge may come to fully understand a particular child's situation. It necessitates detailed reports outlining major aspects of the child's life before permanency hearings take place in addition to permanency hearings every six months for any child placed out of the home. However, the law excludes juvenile delinquents and persons in need of supervision from its protection.

This report, by Rose L. Amandola, argues that New York's Permanency Bill, while representing an improvement in the law, cannot fully and adequately fulfill its goal of permanency for foster children while continuing to omit juvenile delinquents from coverage. Part I of this Note details the applicable laws. It includes a comparison between New York's Permanency Legislation of 2005 and the permanency hearings of the past. Part II of the report argues that, despite the many improvements that the Permanency Bill represents, it does not go far enough in achieving its goal of permanency for foster children. There is a connection between children who commit delinquent acts and those who were abused and/or neglected. Part III suggests solutions that would rectify the weaknesses of the Permanency Bill. The Family Courts has become an ineffective entity. Therefore, the Family Courts should merge with other lower courts within the state, thus maximizing available resources.