Senate Bill S8204A

                                 
BILL NUMBER: S8204A

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the social services law and the family court act, in
relation to the definition of the term "prospective relative guardian"

 
PURPOSE:

This bill seeks to amend the Social Services Law and the Family Court
Act to expand the definition of "prospective relative guardian" to
include foster parents who develop a significant and positive relation-
ship with a child after placements into foster care, removing the
current requirement that the relationship predate the child's entry into
care.

 
SUMMARY OF PROVISIONS:

Section 1 amends Social Services Law 458-a(3) to modify the definition
of "prospective relative guardian."

              

Section 2 amends the Family Court Act 1028-a(a)(i)to align with the
changes made in Social Services Law 458-a(3), ensuring that foster
parents who have establishes strong post-placement bonds with children
are eligible for the Kinship Guardianship Assistance Program (KinGAP)
support.

Section 3 provies that this act shall take effect immediately upon
enactment.

 
JUSTIFICATION:

Each year, approximately five hundred youth age out of the New York
foster care system without a permanent connection to a family. The
current legal framework limits kinship guardianship to adults who had an
established relationship with the child before foster care placement,
disregarding the strong emotional bonds that may form between a child
and their foster parent after placement.

Existing law already recognizes the importance of these relationships.
Social Services Law 383 grants foster parents who have cared for a child
continuously for twelve months the right to intervene in custody
proceedings after the termination of parental rights. Similarly, in
Matter of Tabitha T.S.M., Matter of Kadi W. v ACS-Kings, and Matter of
Destiny 0., the courts upheld that a child's best interest may be served
by remaining with a long-term foster parent rather than being returned
to a non-parent relative.

This bill builds on the existing legal framework to provide foster chil-
dren with more permanency options by allowing foster parents and others,
under appropriate circumstances, to qualify as kinship guardians without
requiring a pre-existing relationship. This change would:

*Increase permanency outcomes for children in foster care, particularly
older youth and children with special needs, who may otherwise remain in
foster care until they age out of the system.


*Allow sibling groups to be placed together under KinGAP arrangements,
rather than facing separation due to rigid pre-placement relationship
requirements.

*Provide birth parents with an additional permanency option before
termination of parental rights, allowing for guardianshiptelacements
that maintain connections between children and their biological family-
lies.

Data from the National Foster Youth Institute highlights the urgency of
this reform. More than 23,000 children age out of the U.S. foster care
system each year. Studies show that youth who age out without a perma-
nent family face significantly increased risks of homelessness, incar-
ceration, and substance abuse. In New York, the average foster care stay
is 22.7 months, with 30% of children remaining in care for more than two
years. Expanding kinship. Definitions would help reduce unnecessary
delays in securing stable, long-term placements.

This legislation aligns with the state's ongoing efforts to reduce reli-
ance on Another Planned Permanent Living Arrangement (APPLA) and promote
stable, permanent placements for children in care.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill. However, it builds upon prior legislative efforts,
including the 2011 Kinship Guardianship Assistance Program (KinGAP) law
and the 2018 expansion under Chapter 384, which broadened eligibility
criteria for prospective relative guardians.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This bill shall take effect immediately