BILL NUMBER: S5024

SPONSOR: PARKER
 
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 immi-
gration 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 alterna-
tive 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 peti-
tion 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 prema-
turely and permanently separate the parent and child, resulting in trau-
ma and hard- ship to the family. In such situations, the local social
services district should have the flexibility to consider the circum-
stances and delay the filing of a petition to terminate parental rights.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S.2201 - REFERRED TO CHILDREN AND FAMILIES
2015-16: S.2516/A2432 - Referred to Children and Families
2013-14: S.4185B/A6377B - Referred to Children and Families

 
FISCAL IMPLICATIONS:
Minimal

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.