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Senate Bill S8854

2025-2026 Legislative Session

Grants the family court jurisdiction to determine guardianship of minors and infants when there are extraordinary circumstances, including parental deportation

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Sponsored By

Current Bill Status - In Senate Committee Children And Families Committee

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2025-S8854 (ACTIVE) - Details

Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §661, Fam Ct Act

2025-S8854 (ACTIVE) - Summary

Grants the family court jurisdiction to determine guardianship of minors and infants when there are extraordinary circumstances, including deportation, removal, or forced departure of a parent from the United States; requires the office of court administration to revise certain orders or forms used by the family court to comply with such provisions; provides that the court may, but need not, find abuse, neglect, or abandonment where extraordinary circumstances are found to exist.

2025-S8854 (ACTIVE) - Sponsor Memo

2025-S8854 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8854
 
                             I N  S E N A T E
 
                              January 9, 2026
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- 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, in relation to the jurisdiction of
   the family court to determine guardianship of minors and infants  when
   there are extraordinary circumstances, including parental deportation

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision (a) of section 661 of the family court act, as
 amended by chapter 404 of the laws  of  2008,  is  amended  to  read  as
 follows:
   (a) Guardianship of the person of a minor or infant.  1. When making a
 determination  regarding  the  guardianship  of the person of a minor or
 infant, the provisions of the  surrogate's  court  procedure  act  shall
 apply to the extent they are applicable to guardianship of the person of
 a  minor  or  infant and do not conflict with the specific provisions of
 this act. For purposes of appointment of a guardian of the person pursu-
 ant to this part, the terms infant or minor shall include a  person  who
 is  less  than  twenty-one  years old who consents to the appointment or
 continuation of a guardian after the age of eighteen.
   2. NOTWITHSTANDING PARAGRAPH ONE OF  THIS  SUBDIVISION  OR  ANY  OTHER
 PROVISION  OF LAW TO THE CONTRARY, WHEN MAKING A DETERMINATION REGARDING
 THE GUARDIANSHIP OF THE PERSON OF A MINOR OR INFANT,  THE  FAMILY  COURT
 SHALL  HAVE  JURISDICTION  WHEN  EXTRAORDINARY  CIRCUMSTANCES EXIST THAT
 PREVENT REUNIFICATION OF THE MINOR OR INFANT WITH ONE OR  BOTH  PARENTS.
 FOR  THE PURPOSES OF THIS PARAGRAPH, "EXTRAORDINARY CIRCUMSTANCES" SHALL
 INCLUDE, BUT NOT BE LIMITED TO,  THE  DEPORTATION,  REMOVAL,  OR  FORCED
 DEPARTURE  OF A PARENT FROM THE UNITED STATES, OR OTHER CIRCUMSTANCES OF
 COMPARABLE SEVERITY BEYOND THE CONTROL OF THE MINOR OR INFANT.
   (I) THE OFFICE OF COURT ADMINISTRATION SHALL REVISE ANY SPECIAL  FIND-
 INGS  ORDER  OR  FORM  USED BY THE FAMILY COURT IN PROCEEDINGS INVOLVING
 FINDINGS RELATED TO THE CARE, CUSTODY, GUARDIANSHIP, OR  BEST  INTERESTS
 OF  A MINOR OR INFANT, INCLUDING BUT NOT LIMITED TO FINDINGS MADE PURSU-
 ANT TO FEDERAL IMMIGRATION LAW, TO INCLUDE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14348-01-6

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