senate Bill S4185B

2013-2014 Legislative Session

Enacts the New York State Reuniting Families Act

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2014 print number 4185b
amend (t) and recommit to children and families
Jan 08, 2014 referred to children and families
Apr 23, 2013 print number 4185a
amend (t) and recommit to children and families
Mar 13, 2013 referred to children and families

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S4185 - Bill Details

See Assembly Version of this Bill:
A6377B
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §384-b, Soc Serv L

S4185 - Bill Texts

view summary

Enacts the New York State Reuniting Families Act.

view sponsor memo
BILL NUMBER:S4185

TITLE OF BILL: An act to amend the family court act, the social
services law and the executive law, in relation to enacting the New
York State Reuniting Family 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 PROVISIONS:

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

Section 2 amends section 1054 of the family court act by adding a new
subdivision (c) that prohibits immigration status of the parent or
responsible caregiver from being a disqualifying factor for custody
purposes.

Section 3 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 4 amends subdivision (i) of the section 17 of the social
services law by requiring employees of child protective services to be
trained on the usage of the U-visa.

Section 5 amends section 1016 of the family court act to require court
appointed attorneys to receive training regarding the U-visa.

Section 6 amends the social services law by creating a new section
383-a that requires the commissioner to create foster youth
identification card.

Section 7 amends the executive law by adding a new section 501-i that
establishes a website to provide information to local governments and
the court system to provide legal, social services, and advocacy
organizations with expertise in working with courts and child
protection agencies.

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.


While many detained parents will not have their children entered the
foster care system, there is an increased risk of unnecessary and
expensive foster care involvement due to the lack of attention to this
issue. Child welfare is a costly, public system, with immediate court
and child welfare costs, as well longer-term costs with the increased
likelihood of children in foster care accessing special. education,
juvenile justice, and mental health services. Given New York's budget
shortfalls, where counties are struggling to preserve core services
like education, fire protection and park services, separating
families, and unnecessarily placing children into a costly public
child welfare system is not a wise way to allocate scarce resources.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: This shall take effect ninety days after becoming
law.

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

                                  4185

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 13, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the family court act, the social services  law  and  the
  executive  law,  in  relation to enacting the New York State Reuniting
  Family 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 Family Act."
  S 2. Section 1054 of the family court act is amended by adding  a  new
subdivision (c) to read as follows:
  (C) THE IMMIGRATION STATUS OF A PARENT OR OTHER PERSON RESPONSIBLE FOR
CARE  SHALL  NOT DISQUALIFY SUCH PERSON FROM BEING GRANTED CUSTODY UNDER
THIS SECTION.
  S 3. Section 651 of the family court act is amended by  adding  a  new
subdivision (g) to read as follows:
  (G)  DETAINMENT  FOR  IMMIGRATION  VIOLATIONS; EFFECT ON CHILD CUSTODY
ORDERS. UNLESS WHERE THE CHILD HAS BEEN DETERMINED AN  ABANDONED  INFANT
OR  THE PARENT HAS BEEN CONVICTED OF COMMITTING A VIOLENT FELONY AGAINST
HIS OR HER CHILD, THE FAMILY COURT MAY POSTPONE FOR A MAXIMUM  OF  TWEN-
TY-FOUR  MONTHS  ITS  DETERMINATION  OF  A  PETITION FOR CUSTODY PENDING
CONSIDERATION OF A PARENT'S CIRCUMSTANCES IF A PARENT HAS BEEN  ARRESTED
AND  ISSUED  AN IMMIGRATION HOLD; HAS BEEN DETAINED BY THE UNITED STATES
IMMIGRATION AND CUSTOMS ENFORCEMENT; OR HAS BEEN DEPORTED TO HIS OR  HER
COUNTRY OF ORIGIN.
  S  4.  Subdivision  (i)  of  section 17 of the social services law, as
relettered by section 1 of part K-3 of chapter 57 of the laws  of  2007,
is relettered subdivision (j) and a new subdivision (i) is added to read
as follows:
  (I)  PROVIDE  INFORMATION  AND  TRAINING  TO  ALL EMPLOYEES OF A CHILD
PROTECTIVE SERVICE AND ALL OTHER EMPLOYEES ASSIGNED  WITH  THE  DUTY  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09379-02-3

S. 4185                             2

PLACING  CHILDREN  IN THE FOSTER CARE SYSTEM, ON U-VISAS AND THE EMPLOY-
EE'S ABILITY TO CREATE  A  U-VISA  TO  PROVIDE  IMMIGRATION  RELIEF  FOR
CERTAIN UNDOCUMENTED INDIVIDUALS.
  S 5. Section 1016 of the family court act, as amended by chapter 41 of
the laws of 2010, is amended to read as follows:
  S  1016.  Appointment  of  attorney  for the child. 1. The court shall
appoint an attorney to represent a child who has been  allegedly  abused
or  neglected  upon the earliest occurrence of any of the following: (i)
the court receiving notice, pursuant to paragraph  (iv)  of  subdivision
(b)  of  section  one thousand twenty-four of this [act] ARTICLE, of the
emergency removal of the child; (ii) an application  for  an  order  for
removal  of  the  child  prior  to the filing of a petition, pursuant to
section one thousand twenty-two of this  [act]  ARTICLE;  or  (iii)  the
filing of a petition alleging abuse or neglect pursuant to this article.
THE  COURT SHALL REQUIRE THAT APPOINTED ATTORNEYS HAVE RECEIVED INFORMA-
TION AND TRAINING ON U-VISAS AND AN  ATTORNEY'S  ABILITY  TO  CERTIFY  A
U-VISA  TO  PROVIDE IMMIGRATION RELIEF FOR CERTAIN UNDOCUMENTED INDIVID-
UALS.
  2. Whenever an attorney has been appointed by the family court  pursu-
ant  to  section two hundred forty-nine of this act to represent a child
in a proceeding under this  article,  such  appointment  shall  continue
without further court order or appointment during (i) an order of dispo-
sition issued by the court pursuant to section one thousand fifty-two of
this  article  directing supervision, protection or suspending judgment,
or any extension  thereof;  (ii)  an  adjournment  in  contemplation  of
dismissal  as  provided  for in section one thousand thirty-nine of this
article or any extension thereof; or (iii) the pendency  of  the  foster
care  placement  ordered  pursuant  to section one thousand fifty-two of
this article. All notices and reports required by law shall be  provided
to  such  attorney  for the child. Such appointment shall terminate upon
the expiration of such order, unless another appointment of an  attorney
for  the  child has been made by the court or unless such attorney makes
application to the court to be relieved of his or her appointment.  Upon
approval of such application to be relieved, the court shall immediately
appoint  another  attorney for the child to whom all notices and reports
required by law shall be provided.
  3. The attorney for the child shall be entitled to compensation pursu-
ant to applicable provisions of law for  services  rendered  up  to  and
including disposition of the petition. The attorney for the child shall,
by  separate  application,  be  entitled  to  compensation  for services
rendered subsequent to the disposition of the petition.
  4. Nothing in this section shall be construed to limit  the  authority
of  the  court  to  remove  the  attorney  for the child from his or her
assignment.
  S 6. The social services law is amended by adding a new section  383-a
to read as follows:
  S 383-A. FOSTER YOUTH IDENTIFICATION. THE COMMISSIONER SHALL PROVIDE A
FOSTER  YOUTH IDENTIFICATION CARD TO THE FOSTER PARENT OR FOSTER PARENTS
OF ANY CHILD UPON THE REQUEST OF SUCH PARENT OR PARENTS.  SUCH IDENTIFI-
CATION CARD SHALL INCLUDE A RECENT PHOTOGRAPH, THE PHONE NUMBER  OF  THE
LOCAL  CITY  OR  COUNTY  DEPARTMENT OF SOCIAL SERVICES AND THE DOCKET OR
FILE NUMBER OF THE CASE PLACING SUCH CHILD IN FOSTER CARE.
  S 7. The executive law is amended by adding a  new  section  501-i  to
read as follows:
  S 501-I. VIRTUAL STATEWIDE INFORMATION SYSTEM. THE OFFICE SHALL ESTAB-
LISH  AND  MAINTAIN A WEBSITE TO PROVIDE A VIRTUAL STATEWIDE INFORMATION

S. 4185                             3

SYSTEM DESIGNED TO ASSIST THE LOCAL CITY OR COUNTY DEPARTMENT OF  SOCIAL
SERVICES AND THE COURT SYSTEM WITH ASSISTANCE ON IMMIGRATION LAW RELATED
ISSUES  AFFECTING  CHILDREN AND RELATIVES OF CHILDREN IN THE FOSTER CARE
SYSTEM. THE WEBSITE SHALL INCLUDE:
  1.  EXISTING  LINKS  TO  SOCIAL  SERVICES, LEGAL SERVICES AND ADVOCACY
ORGANIZATIONS AND OTHER GOVERNMENT ORGANIZATIONS WITH EXPERTISE IN WORK-
ING WITH COURTS OR CHILD PROTECTION AGENCIES; AND
  2. LIVE HELP CASE CONSULTATION.
  S 8. The department of family assistance is hereby directed to provide
guidance, no later than July 1, 2014, to counties and municipalities  in
contacting  the  home governments of detained parents and assisting with
family reunification.
  S 9. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

Co-Sponsors

S4185A - Bill Details

See Assembly Version of this Bill:
A6377B
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §384-b, Soc Serv L

S4185A - Bill Texts

view summary

Enacts the New York State Reuniting Families Act.

view sponsor memo
BILL NUMBER:S4185A

TITLE OF BILL: An act to amend the family court act, the social
services law and the executive 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 PROVISIONS:

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

Section 2 amends section 1054 of the family court act by adding a new
subdivision (c) that prohibits immigration status of the parent or
responsible caregiver from being a disqualifying factor for custody
purposes.

Section 3 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 4 amends subdivision (i) of the section 17 of the social
services law by requiring employees of child protective services to be
trained on the usage of the U-visa.

Section 5 amends section 1016 of the family court act to require court
appointed attorneys to receive training regarding the U-visa.

Section 6 amends the social services law by creating a new section
383-a that requires the commissioner to create foster youth
identification card.

Section 7 amends the executive law by adding a new section 501-i that
establishes a website to provide information to local governments and
the court system to provide legal, social services, and advocacy
organizations with expertise in working with courts and child
protection agencies.

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.


While many detained parents will not have their children entered the
foster care system, there is an increased risk of unnecessary and
expensive foster care involvement due to the lack of attention to this
issue. Child welfare is a costly, public system, with immediate court
and child welfare costs, as well longer-term costs with the increased
likelihood of children in foster care accessing special. education,
juvenile justice, and mental health services. Given New York's budget
shortfalls, where counties are struggling to preserve core services
like education, fire protection and park services, separating
families, and unnecessarily placing children into a costly public
child welfare system is not a wise way to allocate scarce resources.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: This shall take effect ninety days after becoming
law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4185--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 13, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, 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

AN ACT to amend the family court act, the social services  law  and  the
  executive  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. Section 1054 of the family court act is amended by adding  a  new
subdivision (c) to read as follows:
  (C) THE IMMIGRATION STATUS OF A PARENT OR OTHER PERSON RESPONSIBLE FOR
CARE  SHALL  NOT DISQUALIFY SUCH PERSON FROM BEING GRANTED CUSTODY UNDER
THIS SECTION.  THE CHILD WELFARE AGENCY SHALL ACCEPT A FOREIGN CONSULATE
IDENTIFICATION CARD, A FOREIGN PASSPORT, OR SUCH OTHER FOREIGN IDENTIFI-
CATION DOCUMENT AS MAY  BE  ALLOWED  AS  SUFFICIENT  IDENTIFICATION  FOR
PURPOSES  OF  INITIATING A CRIMINAL RECORDS CHECK OR A FINGERPRINT BASED
CHECK.
  S 3. Clause (D) of subparagraph (i) of paragraph (1) 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09379-05-3

S. 4185--A                          2

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  4.  Subdivision  (i)  of  section 17 of the social services law, as
relettered by section 1 of part K-3 of chapter 57 of the laws  of  2007,
is relettered subdivision (j) and a new subdivision (i) is added to read
as follows:
  (I)  PROVIDE  GUIDANCE, INFORMATION AND TRAINING TO ALL EMPLOYEES OF A
CHILD PROTECTIVE SERVICE AND ALL OTHER EMPLOYEES ASSIGNED WITH THE  DUTY
OF  PLACING  CHILDREN  IN  THE  FOSTER CARE SYSTEM, ON SPECIAL IMMIGRANT
JUVENILE STATUS (SIJS), U-VISAS, T-VISAS,  VIOLENCE  AGAINST  WOMEN  ACT
(VAWA)  SELF  PETITIONS  AND  OTHER  SUCH IMMIGRATION RELIEF OPTIONS FOR
CERTAIN UNDOCUMENTED INDIVIDUALS.
  S 5. Section 1016 of the family court act, as amended by chapter 41 of
the laws of 2010, is amended to read as follows:
  S 1016. Appointment of attorney for the  child.  1.  The  court  shall
appoint  an  attorney to represent a child who has been allegedly abused
or neglected upon the earliest occurrence of any of the  following:  (i)
the  court  receiving  notice, pursuant to paragraph (iv) of subdivision
(b) of section one thousand twenty-four of this [act]  ARTICLE,  of  the
emergency  removal  of  the  child; (ii) an application for an order for
removal of the child prior to the filing  of  a  petition,  pursuant  to
section  one  thousand  twenty-two  of  this [act] ARTICLE; or (iii) the
filing of a petition alleging abuse or neglect pursuant to this article.
THE COURT SHALL REQUIRE THAT APPOINTED ATTORNEYS HAVE RECEIVED  INFORMA-
TION  AND TRAINING ON SPECIAL IMMIGRANT JUVENILE STATUS (SIJS), U-VISAS,
T-VISAS, VIOLENCE AGAINST WOMEN ACT (VAWA) SELF PETITIONS AND OTHER SUCH
IMMIGRATION RELIEF OPTIONS FOR CERTAIN UNDOCUMENTED INDIVIDUALS.
  2. Whenever an attorney has been appointed by the family court  pursu-
ant  to  section two hundred forty-nine of this act to represent a child
in a proceeding under this  article,  such  appointment  shall  continue
without further court order or appointment during (i) an order of dispo-
sition issued by the court pursuant to section one thousand fifty-two of
this  article  directing supervision, protection or suspending judgment,
or any extension  thereof;  (ii)  an  adjournment  in  contemplation  of
dismissal  as  provided  for in section one thousand thirty-nine of this
article or any extension thereof; or (iii) the pendency  of  the  foster
care  placement  ordered  pursuant  to section one thousand fifty-two of
this article. All notices and reports required by law shall be  provided
to  such  attorney  for the child. Such appointment shall terminate upon
the expiration of such order, unless another appointment of an  attorney
for  the  child has been made by the court or unless such attorney makes
application to the court to be relieved of his or her appointment.  Upon
approval of such application to be relieved, the court shall immediately
appoint  another  attorney for the child to whom all notices and reports
required by law shall be provided.
  3. The attorney for the child shall be entitled to compensation pursu-
ant to applicable provisions of law for  services  rendered  up  to  and
including disposition of the petition. The attorney for the child shall,
by  separate  application,  be  entitled  to  compensation  for services
rendered subsequent to the disposition of the petition.
  4. Nothing in this section shall be construed to limit  the  authority
of  the  court  to  remove  the  attorney  for the child from his or her
assignment.
  S 6. The social services law is amended by adding a new section  383-a
to read as follows:

S. 4185--A                          3

  S 383-A. FOSTER YOUTH IDENTIFICATION. THE COMMISSIONER SHALL PROVIDE A
FOSTER  YOUTH IDENTIFICATION CARD TO THE CHILD THEMSELVES, THE ATTORNEY,
SOCIAL WORKER OR FOSTER PARENT OF THE CHILD.   SUCH IDENTIFICATION  CARD
SHALL INCLUDE A RECENT PHOTOGRAPH, THE PHONE NUMBER OF THE LOCAL CITY OR
COUNTY  DEPARTMENT  OF  SOCIAL SERVICES AND THE DOCKET OR FILE NUMBER OF
THE CASE PLACING SUCH CHILD IN FOSTER CARE.
  S 7. The executive law is amended by adding a  new  section  501-i  to
read as follows:
  S 501-I. VIRTUAL STATEWIDE INFORMATION SYSTEM. THE OFFICE SHALL ESTAB-
LISH  AND  MAINTAIN A WEBSITE TO PROVIDE A VIRTUAL STATEWIDE INFORMATION
SYSTEM DESIGNED TO ASSIST THE LOCAL CITY OR COUNTY DEPARTMENT OF  SOCIAL
SERVICES AND THE COURT SYSTEM WITH ASSISTANCE ON IMMIGRATION LAW RELATED
ISSUES  AFFECTING  CHILDREN AND RELATIVES OF CHILDREN IN THE FOSTER CARE
SYSTEM.  THE DEPARTMENT SHALL SEEK PRIVATE AND FEDERAL FUNDING  FOR  THE
DEVELOPMENT OF THIS SYSTEM.  THE WEBSITE SHALL INCLUDE:
  1.  EXISTING  LINKS  TO  SOCIAL  SERVICES, LEGAL SERVICES AND ADVOCACY
ORGANIZATIONS AND OTHER GOVERNMENT ORGANIZATIONS WITH EXPERTISE IN WORK-
ING WITH COURTS OR CHILD PROTECTION AGENCIES; AND
  2. LIVE HELP CASE CONSULTATION.
  S 8. The department of family assistance is hereby directed to provide
guidance, no later than July 1, 2014, to counties and municipalities  in
contacting  the  home governments of detained parents and assisting with
family reunification.
  S 9. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

Co-Sponsors

S4185B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6377B
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §384-b, Soc Serv L

S4185B (ACTIVE) - Bill Texts

view summary

Enacts the New York State Reuniting Families Act.

view 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 full text
download pdf
                    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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