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

                                  6377

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2013
                               ___________

Introduced by M. of A. KIM -- read once and referred 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
              

A. 6377                             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

A. 6377                             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.

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

                                 6377--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2013
                               ___________

Introduced by M. of A. KIM -- read once and referred 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
child's life based on the criteria set forth in subparagraph (v) of this

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09379-06-3
              

A. 6377--A                          2

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:

A. 6377--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.