Assembly Bill A6941

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6941
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 18, 2025
                                ___________
 
 Introduced  by M. of A. TAPIA -- read once and referred to the Committee
   on Children and Families
 
 AN ACT to amend the social services law and the  family  court  act,  in
   relation to the definition of the term "prospective relative guardian"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 458-a of the social services  law,
 as  amended  by  chapter  384 of the laws of 2017, is amended to read as
 follows:
   3. (A) "Prospective relative guardian" shall mean  a  person  who  has
 been caring for the child as a fully certified or approved foster parent
 for  at least six consecutive months prior to applying for kinship guar-
 dianship assistance payments and who:
   [(a)] (I)  is  related  to  the  child  through  blood,  marriage,  or
 adoption; or
   [(b)]  (II)  is  related to a half-sibling of the child through blood,
 marriage or adoption and where such person or persons is or are also the
 prospective or appointed relative guardian or guardians of such half-si-
 bling; or
   [(c)] (III) is an adult with a positive relationship with  the  child,
 including,  but  not  limited  to, a step-parent, godparent, neighbor or
 family friend.
   (B) NO PERSON SHALL BE PRECLUDED  FROM  BEING  DEEMED  A  "PROSPECTIVE
 RELATIVE  GUARDIAN"  UNDER  PARAGRAPH  (A)  OF THIS SUBDIVISION BASED ON
 WHETHER SUCH PERSON'S RELATIONSHIP WITH THE CHILD WAS ESTABLISHED BEFORE
 OR AFTER SUCH CHILD'S PLACEMENT INTO  FOSTER  CARE;  PROVIDED,  HOWEVER,
 THAT:
   (I)  NO  PERSON  WHOSE  RELATIONSHIP WITH A CHILD THAT WAS ESTABLISHED
 AFTER SUCH  CHILD'S  PLACEMENT  INTO  FOSTER  CARE  SHALL  BE  DEEMED  A
 "PROSPECTIVE  RELATIVE GUARDIAN" UNDER PARAGRAPH (A) OF THIS SUBDIVISION
 OVER THE OBJECTION OF SUCH CHILD'S PARENT UNLESS A  COURT  OF  COMPETENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08164-02-5
              

 A. 6941                             2
 
 JURISDICTION  HAS  MADE A FINDING THAT SUCH PARENT PERMANENTLY NEGLECTED
 SUCH CHILD, ABANDONED SUCH CHILD, IS UNABLE PRESENTLY AND FOR THE  FORE-
 SEEABLE  FUTURE  TO  PROVIDE  PROPER AND ADEQUATE CARE FOR SUCH CHILD BY
 REASON  OF  MENTAL  ILLNESS  OR INTELLECTUAL DISABILITY, OR SEVERELY AND
 REPEATEDLY ABUSED SUCH CHILD PURSUANT TO SECTION THREE  HUNDRED  EIGHTY-
 FOUR-B OF THIS ARTICLE; AND
   (II) NO PERSON SHALL BE DEEMED A "PROSPECTIVE RELATIVE GUARDIAN" UNDER
 PARAGRAPH (A) OF THIS SUBDIVISION OVER THE OBJECTION OF A CHILD FOURTEEN
 YEARS OF AGE OR OLDER.
   §  2. Paragraph (i) of subdivision (a) of section 1028-a of the family
 court act, as amended by chapter 434 of the laws of 2019, is amended  to
 read as follows:
   (i) the person is related to the child as described under SUBPARAGRAPH
 (I), (II), OR (III) OF paragraph (a)[, (b), or (c)] of subdivision three
 of section four hundred fifty-eight-a of the social services law;
   § 3. This act shall take effect immediately.