BILL NUMBER: S478A

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the executive law, in relation to establishing the
kinship legal network program

 
SUMMARY OF PROVISIONS OF BILL:

Section 1: Establishes the Kinship Legal Network within the auspices of
the Office of Children and Family Services (OCFS) and outlines-the scope
of the program.

Section 2: Creates an $8 million fund to provide annual grants to eligi-
ble not-for-profit legal services organizations and not-for-profit agen-
cies that are part of the Kinship Legal Network.  Allows up to 15* of
the funding to be awarded to one not-for-profit legal organization to
coordinate and support the Network.

Section 3: Requires the OCFS commissioner to submit a report to the
chair of the senate finance committee and the chair of the assembly ways
and means committee on or before the first day of October, two thousand
              

and twenty-five and biannually thereafter.

Section 4: Sets forth an immediate effective date.

 
JUSTIFICATION:

New York families have been hit with multiple crises; the number of
children who are unable to be with their parents has increased in recent
years due to effects first from the opioid epidemic, and now the COVID-
19 pandemic. Parents are facing issues that affect their ability to
safely care for their children including substance use, mental health,
physical health, domestic violence, housing instability, income issues,
and other poverty-related concerns. The trauma children suffer when they
are removed from their parents is compounded when they are placed with
strangers in non-relative foster care. There are roughly 400,000 chil-
dren in kinship care including in hidden foster care in New York State
today. Research has shown that children who cannot be with their parents
have vastly improved short- and long-term outcomes when they remain with
kin. Studies show that children who live with relatives have fewer
school changes, are better connected to their siblings, and have better
mental health outcomes.

When a child is removed from their parents not Only is it often the most
traumatic experience of their lives, but it is also traumatic for their
kinship caregivers. These caregivers are now caring for a child or
multiple children with minimal resources and having to navigate a
complicated and overwhelmed court system - usually without the assist-
ance of an attorney. It is rare for a caregiver to have the resources to
take in children they did not plan for and afford to retain a private
attorney.

Without representation, kinship caregivers are frequently excluded from
participating in court, as they are considered interested parties and do
not receive court notices. Kin need to engage in concurrent planning
from day one - they must work to help the parents and children maintain
a healthy relationship, have frequent contact, and work towards reunifi-
cation - but also consider and plan for all the child's permanency
options if the child cannot be safely returned home. Kin need an attor-
ney whose role is to advise them, ensure that they are aware of their
rights, and help them navigate the system.  Kinship caregivers sometimes
make mistakes which can disrupt Placement - they need an attorney to
help prevent these issues. Some kinship caregivers have barriers to
placement such as criminal history or inadequate housing -barriers and
issues which can be mitigated through the assistance of counsel. Parents
and other persons who are accused of abuse or neglect in Family Court
are entitled to have an attorney appointed to them if they cannot afford
one. This guaranteed representation does not extend to the kin who are
caring for these children while they are placed outside of their home.

This bill would therefore establish the Kinship Legal Network ("the
Network") to meet the challenges described above. The Network would
provide legal representation, information, and advice to non-parent
caregivers interfacing with New York's justice and social services
systems. The Network will use a proven model that has been replicated in
a variety of legal services areas; it will develop a network of legal
services providers who will serve clients, as well as look across the
state to collect data and recognize trends as a means to identify
success stories, systemic challenges and solutions, and to document the
benefit of the program to NY families and the State. The program will
leverage the existing Kinship Navigator, a successful statewide program
operated by Catholic Family Center which provides an information and
referral network for kinship caregivers across all of New York State.

Along with preventing placement disruptions and mitigating barriers to
placement, attorneys who represent kinship caregivers also assist in
achieving permanency goals through family reunification, custody, guar-
dianship, and adoption; ensure the caregiver and children receive all
benefits to which they are entitled; represent caregivers in related
child support, family offense, and administrative matters; and connect
caregivers to community service partners to ensure all needs, not just
legal needs, are being met.

Importantly, the legislation would also establish funding to support the
Kinship Legal Network. It would further require data collection and a
report on the program to monitor its progress and allow for resources
and services to be targeted to the areas of the state most in need.

 
SOCIAL JUSTICE IMPACT

Incidents of neglect by biological parents, often due to drug/alcohol
abuse, are common reasons for children to live with kinship caregivers.
Ensuring that kinship caregivers can seek custody or guardianship and
that respondent guardians are provided counsel in family court will
provide for more balanced adjudications that produce the best outcomes
for children, without undermining parental rights. The American Bar
Association identifies that Kinship care is significantly more benefi-
cial than foster care. Not only will it likely minimize trauma, but also
improve the youth's overall well-being due to the benefits of increased
stability and permanency.  It also has been shown to improve behavioral
and mental health outcomes and preserve a child's cultural identity and
community connections. (1)

 
AMENDED BILL

The "A" print of this bill represents a change in the approach to
addressing the problem of a lack of access by kinship caregivers to
legal representation. Rather than simply adding "kinship caregivers" to
the categories of parties entitled to appointment of counsel if unable
to afford counsel in family court proceedings, the amended bill would
establish the Kinship Legal Network within the auspices of the Office of
Children and Family Services (OCFS)to oversee and ensure that such care-
givers are appropriately provided access to the courts and to assigned
counsel if needed.

 
LEGISLATIVE HISTORY:

SENATE:

2019-2020: 55434 (Salazar)- Referred to Judiciary

2021-2022: S6074A (Salazar)- Referred to Judiciary, Passed Senate

2023 - Reported out of Judiciary.

ASSEMBLY:

2019-2020: A7586 (Hevesi)- Referred to Children and Families

2021: A2581A (Hevesi)- Referred to Children and Families

2022: Referred to Children and Families, Reported to Ways and Means

2023-2024 A 2526 (Hevesi), enacting clause stricken, bill replaced by A
9222 (Hevesi), which is a same as to S 478-A.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

The bill provides $8 million in operating funding to support the Kinship
Legal Network.

 
EFFECTIVE DATE:
This act shall take effect immediately.
Epstein, H. R. (2017, July). Kinship Care is Better for Children and
Families. American Bar Association. Retrieved December 21, 2022, from
https://wwwamericanbarptg/groups/public
interest/childlaw/resources/child lawfiracticeonline/childla wpracticel-
vol -36/july-aug-2017/kinship-care-is-better-for -children-andfamilies/