BILL NUMBER:S2516

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 384-b of the Social Service law.

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:

2013-14: S.4185B/A6377B - Referred to Children and Families


FISCAL IMPLICATIONS:

Minimal

EFFECTIVE DATE:

This act shall take 90 days after enactment.