senate Bill S4185B

Enacts the New York State Reuniting Families Act

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / Mar / 2013
    • REFERRED TO CHILDREN AND FAMILIES
  • 23 / Apr / 2013
    • AMEND (T) AND RECOMMIT TO CHILDREN AND FAMILIES
  • 23 / Apr / 2013
    • PRINT NUMBER 4185A
  • 08 / Jan / 2014
    • REFERRED TO CHILDREN AND FAMILIES
  • 03 / Jun / 2014
    • AMEND (T) AND RECOMMIT TO CHILDREN AND FAMILIES
  • 03 / Jun / 2014
    • PRINT NUMBER 4185B

Summary

Enacts the New York State Reuniting Families Act.

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Bill Details

See Assembly Version of this Bill:
A6377B
Versions:
S4185
S4185A
S4185B
Legislative Cycle:
2013-2014
Current Committee:
Senate Children And Families
Law Section:
Social Services Law
Laws Affected:
Amd ยง384-b, Soc Serv L

Sponsor Memo

BILL NUMBER:S4185B

TITLE OF BILL: An act to amend the social services law in relation to
enacting the New York State Reuniting Families Act

PURPOSE OR GENERAL IDEA OF BILL: This bill seeks to address the
problems encountered when federal immigration enforcement intersects
with the child welfare system. The New York State Reuniting Families
Act prioritizes keeping children with their families and out of the
public welfare system whenever possible and ensures that separated
families receive appropriate care and due process.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 establishes the title of the legislation as the "New York
State Reuniting Families Act".

Section 2 amends section 651 of the family court act by adding a new
section (g) which permits the court to postpone for up to twenty four
months its determination of a petition for custody except in certain
circumstances, where a parent was detained or deported for immigration
violations.

Section 3: Sets forward an effective date 90 days after enactment

JUSTIFICATION: Enforcement activities conducted by federal agencies
too often result in unnecessary harm to children, families, and
communities. When a parent has a child in the foster care system
either prior to or because of immigration enforcement, it is very
difficult for the parent to fulfill their court requirements to
reunify with their child or in the alternative for child to be placed
with relatives. Upon entering the detention system, parents
frequently have tremendous difficulty navigating the system in order
to visit their children, participate in family court proceedings, or
fulfilling their required court mandated services.

When a child has been in foster care for 15 of the most recent 22
months, the local social services districts is required to file a
petition to terminate parental rights unless certain exceptions exist.
These exceptions are designed to recognize circumstances preventing a
parent from reunification that may be outside his or her control, such
as incarceration and participation in a drug rehabilitation program.
Likewise, a parent involved in an immigration proceeding may be unable
to resume custody despite efforts to do so. Upon conclusion of the
proceeding, the parent may be fully able to care for his or her child
with it being in the best interest of the child to return home. To
terminate parental rights, in the midst of such proceeding, would
prematurely and permanently separate the parent and child, resulting
in trauma and hard- ship to the family. In such situations, the local
social services district should have the flexibility to consider the
circumstances and delay the filing of a petition to terminate parental
rights.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Minimal


EFFECTIVE DATE: This act shall take 90 days after enactment.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4185--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 13, 2013
                               ___________

Introduced  by Sens. PARKER, MONTGOMERY -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Children  and
  Families  --  committee discharged, bill amended, ordered reprinted as
  amended and recommitted  to  said  committee  --  recommitted  to  the
  Committee  on  Children and Families in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT to amend the social services law in relation to enacting the New
  York State Reuniting Families Act

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This act shall be known and may be cited as the "New York
State Reuniting Families Act."
  S 2. Clause (D) of subparagraph (i) of paragraph (l) of subdivision  3
of  section  384-b of the social services law, as amended by chapter 113
of the laws of 2010, is amended to read as follows:
  (D) the parent or parents are incarcerated,  INVOLVED  IN  IMMIGRATION
REMOVAL  PROCEEDINGS, INCLUDING DETENTION OR DEPORTATION, or participat-
ing in a residential substance abuse treatment  program,  or  the  prior
incarceration, INVOLVEMENT IN IMMIGRATION REMOVAL PROCEEDINGS, INCLUDING
DETENTION  OR  DEPORTATION, or participation of a parent or parents in a
residential substance abuse treatment program is a significant factor in
why the child has been in foster care for fifteen of the last twenty-two
months, provided that the parent maintains  a  meaningful  role  in  the
child's life based on the criteria set forth in subparagraph (v) of this
paragraph and the agency has not documented a reason why it would other-
wise be appropriate to file a petition pursuant to this section.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09379-12-4

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