NY State Senate Bill 2025-S1650

Senate Bill S1650

2025-2026 Legislative Session

Provides for support and services for unaccompanied minors with no lawful immigration status

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Current Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 13, 2025	referred to children and families

2025-S1650 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §2, add Art 5 Title 12-B §§370-f & 370-g, §§393-a, 374-g & 393-b, Soc Serv L; amd §94-b, add §94-e, Exec L; amd §§2511 & 2510, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6225
2021-2022: S803
2023-2024: S4419

2025-S1650 (ACTIVE) - Summary

Provides for supports and services for unaccompanied minors with no lawful immigration status including legal representation.

2025-S1650 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1650

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the social services law, the executive law, and the
public health law, in relation to providing for supports and services
for unaccompanied minors with no lawful immigration status

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would provide supports and services for unaccompanied minors
that are released to a sponsor in New York State.

 
SUMMARY OF PROVISIONS:

Section 1 provides a definition for an unaccompanied minor.

Section 2 outlines supports and services to be provided to unaccompanied
minors: public assistance, health and behavioral health services under
CHP, counseling sessions with social workers, legal services, language
services, employment assistance, bilingual support groups, and enroll-

ment in public school. It requires programs providing services and
supports to receive trauma informed training and training on how to
identify and react to unaccompanied minors who may have experienced
adverse childhood experiences. Also requires the Office of Temporary and
Disability Assistance (OTDA), Office of Children and Family Services
(OCFS), Office of Mental Health (OMB) and Office for New Americans (ONA)
to work together to create informational materials to include contact
information for immigration services liaisons and a general description
of benefits the unaccompanied minor may be eligible for. Informational
materials shall be made available in English and the six most common
non-English languages and posted on the respective agencies websites.

Section 3 provides for legal representation for an unaccompanied minor
for a removal proceeding when the child was present in this state or
resided in state when questioned/taken into custody, or is detained.

Section 4 creates immigration service liaisons within the Office for New
Americans, to assist unaccompanied minors to access appropriate supports
and services.

Section 5 requires foster care agencies in New York State to provide
unaccompanied minors and their sponsors with direct referral to immi-
gration service liaisons and informational materials informing them of
available supports and services.

Section 6 requires foster care agencies located outside of the State but
placing an unaccompanied minor in New York State to provide unaccompa-
nied minors and their sponsors with direct referral to immigration
service liaisons and informational materials informing them of available
supports and services.

Sections 7 through 8-a ensures unaccompanied minors are eligible for
medical assistance and safety net assistance.

Section 9 requires compensation of assigned counsel in immigration
related matters.  Section 10 provides a severability clause.

Section 11 provides an effective date.

 
JUSTIFICATION:

In April 2018, then-United States Attorney General Jeff Sessions offi-
cially announced the Zero Tolerance Policy, which directed federal
prosecutors to criminally prosecute all adult migrants entering the
country illegally. This policy change led to the separation of families
because children cannot be held in a detention facility with their
parents under 8 U.S.C. § 1232(c)(2), which requires children in custody
to be held in the least restrictive setting that is in the best interest
of the child. The children separated from their parents or relatives are
immediately placed into the custody of the Department of Homeland Secu-
rity (DHS). In most cases, DHS transfers the custody of these children
to the Office of Refugee Resettlement (ORR) within 72 hours. ORR has
contracts with foster care agencies in 17 states including New York
State. These foster care agencies are tasked with finding each child a
sponsor that must be a 'suitable person' for the child to live with. A
suitable person can include a parent, a relative, or other fictive kin,
which are adults with a positive relationship with the child including a
stepparent, godparent, or family friend. The Children that were sepa-
rated from their families have experienced trauma as a d irect result of
the actions of the federal government of the United States of America.
These same children have also traveled thousands of miles to escape
armed conflict, violent crime, endemic poverty, natural disasters,
discrimination and other forms of oppression in their home countries.

According to the American Academy of Pediatrics, "highly stressful expe-
riences, like family separation, can cause irreparable harm, disrupting
a child's brain architecture," and that "prolonged exposure to serious
stress known as toxic stress - can carry lifelong consequences for chil-
dren." The traumatic separation from a parent is on the list of Adverse
Childhood Experiences (ACES) that cause toxic stress.

Toxic stress is the "strong, frequent or prolonged activation of the
body's stress response systems." The physiological responses to toxic
stress include increased levels of stress hormones, cortisol, norepi-
nephrine, and adrenaline. High levels or prolonged exposure to these
hormones are toxic to the body and brain. Scientists have found that
exposure to toxic stress and the elevated levels of stress hormones
damage the structure and function of a child's developing brain. The
results for children who have experienced trauma and the toxic stress it
produces can include learning difficulties, behavioral problems, and
difficulty regulating emotions and potentially debilitating physical and
mental health issues.

The Zero Tolerance Policy intentionally inflicted trauma upon these
children. New York State must act to ensure that this vulnerable popu-
lation has access to a full range of supports and services necessary to
ensure their health, safety and well-being.

 
PRIOR LEGISLATIVE HISTORY:

2023-2024: S4419 / A3271

2021-2022: S803

2019-2020: 56225 / A7815
 
FISCAL IMPLICATIONS:

The cost associated with providing legal services could be covered by
the SFY 19-20 budget allocation for the Liberty Defense Project adminis-
tered by the ONA.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, sections one,
two, four, five, six, seven, eight, and nine of this act shall take
effect on the sixtieth day after it shall have become a law.

2025-S1650 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1650
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2025
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN  ACT  to  amend  the  social services law, the executive law, and the
   public health law, in relation to providing for supports and  services
   for unaccompanied minors with no lawful immigration status

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2 of the social services law is amended by adding a
 new subdivision 41 to read as follows:
   41. "UNACCOMPANIED MINOR" SHALL MEAN A CHILD WHO, PRIOR TO RELEASE  TO
 A NEW YORK RESIDENT SPONSOR, WAS IN THE CUSTODY OF THE FEDERAL OFFICE OF
 REFUGEE RESETTLEMENT AND:
   (A) HAS NO LAWFUL IMMIGRATION STATUS IN THE UNITED STATES;
   (B)  HAD  NOT ATTAINED EIGHTEEN YEARS OF AGE PRIOR TO BEING TAKEN INTO
 FEDERAL CUSTODY; AND
   (C) WAS NOT ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN  UPON  ENTRY  TO
 THE  UNITED  STATES OR WAS ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN BUT
 SUBSEQUENTLY SEPARATED FROM THAT PARENT OR LEGAL GUARDIAN UPON ENTRY  TO
 THE UNITED STATES.
   §  2.  Article 5 of the social services law is amended by adding a new
 title 12-B to read as follows:
                                 TITLE 12-B
              SUPPORTS AND SERVICES FOR UNACCOMPANIED MINORS
 SECTION 370-F. SUPPORTS AND SERVICES FOR UNACCOMPANIED MINORS.
         370-G. INFORMATIONAL MATERIALS.
   § 370-F. SUPPORTS AND SERVICES FOR UNACCOMPANIED MINORS. 1.   UNACCOM-
 PANIED  MINORS,  AS  DEFINED UNDER SECTION TWO OF THIS CHAPTER, SHALL BE
 ELIGIBLE FOR A RANGE OF APPROPRIATE SERVICES AND SUPPORTS,  WHICH  SHALL
 BE BENEFICIAL TO THE HEALTH, SAFETY, AND WELL-BEING OF SUCH MINORS. SUCH
 SERVICES  SHALL  INCLUDE,  BUT NOT BE LIMITED TO:  HEALTH AND BEHAVIORAL
 HEALTH SERVICES COVERED  UNDER  PARAGRAPH  (K)  OF  SUBDIVISION  TWO  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00074-02-5

 S. 1650                             2
 
 SECTION  TWENTY-FIVE HUNDRED ELEVEN OF THE PUBLIC HEALTH LAW; INDIVIDUAL
 COUNSELING SESSIONS WITH SOCIAL WORKERS; LEGAL SERVICES  PROVIDED  UNDER
 SECTION  THREE  HUNDRED  NINETY-THREE-A  OF  THIS  CHAPTER,  WHICH SHALL
 INCLUDE  CULTURALLY  AND LINGUISTICALLY APPROPRIATE SERVICES PROVIDED BY
 ATTORNEYS, INTERPRETERS, AND OTHER SUPPORT STAFF FOR  REPRESENTATION  IN
 STATE  COURT  PROCEEDINGS,  FEDERAL  IMMIGRATION  PROCEEDINGS,  AND  ANY
 APPEALS ARISING FROM SUCH  PROCEEDINGS;  LANGUAGE  SERVICES;  EMPLOYMENT
 ASSISTANCE;  BILINGUAL  SUPPORT  GROUPS; AND ASSISTANCE WITH EDUCATIONAL
 RIGHTS AND ENROLLMENT IN PUBLIC SCHOOLS. SUCH SUPPORT AND SERVICES SHALL
 NOT BE DEEMED PUBLIC BENEFITS THAT WOULD AFFECT AN UNACCOMPANIED MINOR'S
 IMMIGRATION STATUS UNDER 8 USC 1182, AS  AMENDED,  AND  ANY  REGULATIONS
 PROMULGATED THEREUNDER.
   2.  SUCH  SERVICES  AND SUPPORTS SHALL BE IDENTIFIED BY AN IMMIGRATION
 SERVICES LIAISON UNDER SECTION NINETY-FOUR-B OF THE EXECUTIVE LAW, WHICH
 SHALL, TO THE EXTENT PRACTICABLE, CONNECT EACH UNACCOMPANIED MINOR  WITH
 RESOURCES  IN  ORDER  TO ACCESS SUCH SUPPORTS AND SERVICES IDENTIFIED IN
 SUBDIVISION ONE OF THIS SECTION. THE IMMIGRATION SERVICES LIAISON  SHALL
 CONNECT  WITH  UNACCOMPANIED MINORS PRIOR TO RELEASE TO A SPONSOR DETER-
 MINED TO BE APPROPRIATE BY THE FEDERAL OFFICE OF  REFUGEE  RESETTLEMENT,
 TO  THE  EXTENT PRACTICABLE, BUT NO LATER THAN UPON REFERRAL PURSUANT TO
 SECTION THREE HUNDRED SEVENTY-FOUR-G OR THREE HUNDRED NINETY-THREE-B  OF
 THIS CHAPTER.
   3.  ANY  INDIVIDUAL OR PROGRAM PROVIDING SUCH SERVICES AND SUPPORTS OR
 OTHERWISE PROVIDING ASSISTANCE TO THE UNACCOMPANIED MINOR  SHALL  ENSURE
 THEY  RECEIVE  TRAUMA  INFORMED  TRAINING  AS WELL AS TRAINING ON HOW TO
 IDENTIFY AND APPROPRIATELY REACT TO UNACCOMPANIED MINORS  WHO  MAY  HAVE
 EXPERIENCED  ADVERSE  CHILDHOOD  EXPERIENCES. IN ADDITION, ANY SERVICES,
 SUPPORTS OR ASSISTANCE SHALL  BE  PROVIDED  IN  A  CULTURALLY  COMPETENT
 MANNER.
   § 370-G. INFORMATIONAL MATERIALS. 1. THE OFFICE OF CHILDREN AND FAMILY
 SERVICES,  IN  CONSULTATION  WITH  THE  OFFICE  OF MENTAL HEALTH AND THE
 OFFICE FOR NEW AMERICANS,  SHALL  DEVELOP  INFORMATIONAL  MATERIALS  FOR
 AUTHORIZED  AGENCIES,  AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION TEN OF
 SECTION THREE HUNDRED SEVENTY-ONE OF THIS CHAPTER AND OUT OF STATE  CARE
 PROVIDERS.  SUCH  INFORMATIONAL MATERIALS SHALL INCLUDE CONTACT INFORMA-
 TION FOR IMMIGRATION SERVICES LIAISONS, AS WELL AS A GENERAL DESCRIPTION
 OF THE BENEFITS UNACCOMPANIED MINORS AS DEFINED IN SECTION TWO  OF  THIS
 CHAPTER  ARE  ELIGIBLE FOR, PURSUANT TO SUBDIVISION ONE OF SECTION THREE
 HUNDRED SEVENTY-F OF THIS TITLE.
   2. THE INFORMATIONAL MATERIALS SHALL BE MADE AVAILABLE IN ENGLISH  AND
 THE  SIX  MOST  COMMON  NON-ENGLISH LANGUAGES SPOKEN BY INDIVIDUALS WITH
 LIMITED-ENGLISH PROFICIENCY IN THE STATE OF NEW YORK,  BASED  ON  UNITED
 STATES CENSUS DATA, AND SHALL BE PUBLISHED ON THE OFFICE OF CHILDREN AND
 FAMILY  SERVICES,  THE  OFFICE  OF  MENTAL HEALTH AND THE OFFICE FOR NEW
 AMERICANS' WEBSITES.
   § 3. The social services law is amended by adding a new section  393-a
 to read as follows:
   §  393-A. LEGAL REPRESENTATION OF UNACCOMPANIED MINORS. 1. AN UNACCOM-
 PANIED MINOR, AS DEFINED IN SECTION TWO OF THIS CHAPTER, OR MINOR IN THE
 CUSTODY OF THE FEDERAL OFFICE OF REFUGEE RESETTLEMENT WHILE IN THE  CARE
 OF  AN AUTHORIZED AGENCY, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION TEN
 OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE, WHO IS PRESENT  IN
 THIS STATE AND AGAINST WHOM AN IMMIGRATION PROCEEDING MAY BE OR HAS BEEN
 COMMENCED  SHALL  BE  ENTITLED  TO REPRESENTATION BY COUNSEL THROUGH THE
 COMPLETION OF SUCH PROCEEDING, INCLUDING APPEALS AND/OR OBTAINING STATUS
 AND OTHER RELATED ASSISTANCE, PURSUANT TO SECTION NINETY-FOUR-D  OF  THE
 S. 1650                             3
 
 EXECUTIVE LAW, INCLUDING INTERPRETATION OR TRANSLATION SERVICES PURSUANT
 TO SUBDIVISION FIVE OF THIS SECTION.
   2.  REPRESENTATION  AND RELATED ASSISTANCE PROVIDED IN ACCORDANCE WITH
 THIS SECTION SHALL BE A STATE CHARGE, PURSUANT TO SECTION  NINETY-FOUR-D
 OF THE EXECUTIVE LAW.
   3.  (A)  UPON  RECEIPT FROM A FEDERAL IMMIGRATION AUTHORITY OF A CIVIL
 IMMIGRATION DETAINER, OR A REQUEST FOR  TRANSFER,  NOTIFICATION,  INTER-
 VIEW,  INTERROGATION  OR  OTHER  REQUEST, AN AUTHORIZED AGENCY, OR AGENT
 THEREOF, SHALL PROVIDE TO THE CHILD, WHO IS THE SUBJECT OF SUCH DETAINER
 OR REQUEST, SUCH CHILD'S SPONSOR, IF SPONSORED, AND SUCH  CHILD'S  COUN-
 SEL, IF REPRESENTED:
   (I) NOTIFICATION OF SUCH DETAINER OR REQUEST;
   (II) A COPY OF SUCH DETAINER OR REQUEST;
   (III)  NOTICE REGARDING SUCH CHILD'S RIGHT TO COUNSEL PURSUANT TO THIS
 SECTION IF SUCH CHILD IS WITHOUT COUNSEL AT THE TIME OF SUCH DETAINER OR
 REQUEST; AND
   (IV) INFORMATION AS TO WHETHER OR NOT SUCH AGENCY  INTENDS  TO  COMPLY
 WITH SUCH DETAINER OR REQUEST.
   (B)  IF  SUCH CHILD IS UNDER THE AGE OF FIVE AT THE TIME SUCH DETAINER
 OR REQUEST IS RECEIVED, SUCH INFORMATION REQUIRED PURSUANT TO  PARAGRAPH
 (A)  OF THIS SUBDIVISION SHALL ONLY BE PROVIDED TO SUCH CHILD'S SPONSOR,
 IF SPONSORED, AND SUCH CHILD'S COUNSEL, IF REPRESENTED.
   4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 A  CHILD  IN  THE  CARE OF AN AUTHORIZED AGENCY MAY REQUEST TO BE INTER-
 VIEWED BY A FEDERAL LAW ENFORCEMENT AGENCY OR AN AGENT THEREOF ONLY WITH
 WRITTEN AUTHORIZATION BY SUCH CHILD'S COUNSEL,  PROVIDED  THAT  IF  SUCH
 CHILD  IS  NOT  REPRESENTED  AND IS ENTITLED TO COUNSEL PURSUANT TO THIS
 SECTION, THE CHILD SHALL BE  NOTIFIED  OF  SUCH  RIGHT  AND  PROVIDED  A
 REASONABLE OPPORTUNITY TO OBTAIN SUCH COUNSEL BEFORE ANY SUCH INTERVIEW.
   5.  IN ADDITION TO ANY OTHER RIGHT TO THE ASSISTANCE OF INTERPRETATION
 OR TRANSLATION SERVICES, ANY FOREIGN-BORN CHILD, OR CHILD NOT PROFICIENT
 IN THE ENGLISH LANGUAGE, TO  WHOM  INQUIRY  IS  MADE  PURSUANT  TO  THIS
 SECTION  SHALL  BE ENTITLED TO THE ASSISTANCE OF A NEUTRAL AND QUALIFIED
 INTERPRETER OR TRANSLATOR, AS THE CASE MAY  BE,  WITH  RESPECT  TO  SUCH
 INQUIRY, PROVIDED AT NO COST OR EXPENSE TO SUCH CHILD.
   6.  THIS  SECTION SHALL SUPERSEDE CONFLICTING LOCAL LAWS, RULES, POLI-
 CIES, PROCEDURES AND PRACTICES, EXCEPT TO THE EXTENT THAT THE PROVISIONS
 OF ANY SUCH LOCAL LAW, RULE, POLICY OR ANY SUCH  PROCEDURE  OR  PRACTICE
 MAY  PROVIDE  ANY ADDITIONAL OR GREATER RIGHT OR PROTECTION.  NOTHING IN
 THIS SECTION SHALL PROHIBIT ANY AUTHORIZED AGENCY FROM COOPERATING  WITH
 A  FEDERAL  IMMIGRATION AUTHORITY TO THE EXTENT REQUIRED BY FEDERAL LAW.
 NOTHING IN THIS SECTION SHALL BE INTERPRETED OR APPLIED SO AS TO  CREATE
 ANY POWER, DUTY OR OBLIGATION IN CONFLICT WITH FEDERAL LAW.
   §  4.  Paragraphs  (m) and (n) of subdivision 5 of section 94-b of the
 executive law, as added by chapter 206 of the laws of 2014, are  amended
 and a new paragraph (o) is added to read as follows:
   (m)  Encourage  and  assist  local  governments  in the development of
 activities to enhance civic engagement among immigrants and in immigrant
 communities; [and]
   (n) Beginning in two thousand fifteen, by June fifteenth of each year,
 produce a report to the governor, the speaker of the assembly,  and  the
 temporary  president  of  the  senate  describing  the activities of the
 office, including but not limited to, summarizing calls received through
 the hotline and website, information on ESOL training services  provided
 by the office, the number of immigrants assisted through the opportunity
 S. 1650                             4
 
 centers,  or an estimation thereof, the status of any workforce develop-
 ment programs, and any other relevant information[.]; AND
   (O)  ESTABLISH AN IMMIGRATION SERVICES LIAISON TO ASSIST UNACCOMPANIED
 MINORS AS DEFINED IN SECTION TWO OF THE SOCIAL SERVICES LAW, IN ORDER TO
 ACCESS APPROPRIATE SUPPORTS AND SERVICES FOR SUCH MINORS. THE OFFICE MAY
 WORK IN CONJUNCTION WITH THE OFFICE OF TEMPORARY AND DISABILITY  ASSIST-
 ANCE,  THE  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES AND THE OFFICE OF
 MENTAL HEALTH IN ORDER TO EFFECTUATE THEIR DUTIES UNDER THIS PROVISION.
   § 5. Paragraphs (o) and (p) of subdivision 5 of section  94-b  of  the
 executive  law, as added by chapter 625 of the laws of 2024, are amended
 and a new paragraph (q) is added to read as follows:
   (o) Encourage the development of and provide for the establishment  of
 a state military immigrant family legacy program liaison, as provided in
 section twenty-nine-b of the veterans' services law; [and]
   (p)  Request individuals seeking assistance from the office answer the
 following questions: "Have you served in the  United  States  military?"
 "Has  someone  in  your  family  served  in the United States military?"
 Individuals identifying themselves  or  a  family  member  as  "intended
 recipients"  of  the staff sergeant Alex R. Jimenez New York state mili-
 tary immigrant family legacy program as such term is  defined  in  para-
 graph  (e)  of subdivision one of section twenty-nine-b of the veterans'
 services law, shall be advised of such program. In addition, such  indi-
 viduals  shall be informed that the department of veterans' services and
 local veterans' service agencies established pursuant to section  seven-
 teen  of  the  veterans'  services  law  provide assistance to uniformed
 service members, veterans and their families regarding  benefits  avail-
 able  under  federal  and  state law. Information regarding veterans and
 military status provided by assisted individuals shall be  protected  as
 personal  confidential material, and used only to identify such individ-
 uals as "intended recipients" of the staff sergeant Alex R.  Jimenez New
 York State military immigrant family legacy program, and to assist  such
 individuals  in  matters relating to immigration status and citizenship,
 and in  referring  such  individuals  to  the  department  of  veterans'
 services or local veterans' service agencies for information and assist-
 ance  with  regard  to benefits and entitlements under federal and state
 law[.]; AND
   (Q) ESTABLISH AN IMMIGRATION SERVICES LIAISON TO ASSIST  UNACCOMPANIED
 MINORS AS DEFINED IN SECTION TWO OF THE SOCIAL SERVICES LAW, IN ORDER TO
 ACCESS APPROPRIATE SUPPORTS AND SERVICES FOR SUCH MINORS. THE OFFICE MAY
 WORK  IN CONJUNCTION WITH THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
 ANCE, THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  AND  THE  OFFICE  OF
 MENTAL HEALTH IN ORDER TO EFFECTUATE THEIR DUTIES UNDER THIS PROVISION.
   §  6. The social services law is amended by adding a new section 374-g
 to read as follows:
   § 374-G. UNACCOMPANIED MINORS RELEASED BY  AUTHORIZED  AGENCIES.    1.
 EVERY  AUTHORIZED  AGENCY AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION TEN
 OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS  TITLE,  THAT  RELEASES  AN
 UNACCOMPANIED  MINOR,  AS DEFINED IN SECTION TWO OF THIS CHAPTER, IN NEW
 YORK TO A SPONSOR THAT IS A NEW YORK RESIDENT, AND DEEMED TO  BE  APPRO-
 PRIATE  BY THE FEDERAL OFFICE OF REFUGEE RESETTLEMENT, SHALL PROVIDE THE
 UNACCOMPANIED MINOR AND THEIR SPONSOR  WITH:  (A)  DIRECT  REFERRALS  TO
 IMMIGRATION  SERVICES LIAISONS UNDER SECTION NINETY-FOUR-B OF THE EXECU-
 TIVE LAW; (B) INFORMATIONAL MATERIALS DEVELOPED BY THE OFFICE  OF  CHIL-
 DREN  AND  FAMILY  SERVICES,  INFORMING  THEM  OF AVAILABLE SUPPORTS AND
 SERVICES THE UNACCOMPANIED MINOR IS ELIGIBLE FOR UPON RELEASE  INTO  NEW
 YORK  AS DEFINED IN SECTION THREE HUNDRED SEVENTY-F OF THIS CHAPTER; AND
 S. 1650                             5
 
 (C) NOTIFICATION OF SUCH MINOR'S RIGHT TO COUNSEL  UNDER  SECTION  THREE
 HUNDRED NINETY-FOUR OF THIS TITLE.
   2. SUCH INFORMATIONAL MATERIALS SHALL BE PROVIDED TO BOTH THE UNACCOM-
 PANIED  MINOR  AND THE SPONSOR, UNLESS SUCH UNACCOMPANIED MINOR IS UNDER
 THE AGE OF FIVE, IN WHICH  CASE  SUCH  INFORMATIONAL  MATERIALS  MAY  BE
 PROVIDED SOLELY TO THE SPONSOR.
   §  7. The social services law is amended by adding a new section 393-b
 to read as follows:
   § 393-B. UNACCOMPANIED MINORS RELEASED BY OUT OF STATE CARE PROVIDERS.
 1. EVERY OUT OF STATE  CARE  PROVIDER  THAT  RELEASES  AN  UNACCOMPANIED
 MINOR, AS DEFINED IN SECTION TWO OF THIS CHAPTER, IN NEW YORK TO A SPON-
 SOR  THAT  IS  A  NEW YORK RESIDENT, AND DEEMED TO BE APPROPRIATE BY THE
 FEDERAL OFFICE OF REFUGEE RESETTLEMENT, SHALL PROVIDE THE  UNACCOMPANIED
 MINOR  AND  THEIR  SPONSOR  WITH: (A) DIRECT REFERRALS TO AN IMMIGRATION
 SERVICES LIAISON UNDER SECTION NINETY-FOUR-B OF THE EXECUTIVE  LAW;  (B)
 INFORMATIONAL  MATERIALS  DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES, INFORMING THEM OF AVAILABLE SUPPORTS AND SERVICES THE UNACCOM-
 PANIED MINOR IS ELIGIBLE FOR UPON RELEASE INTO NEW YORK  AS  DEFINED  IN
 SECTION THREE HUNDRED SEVENTY-F OF THIS CHAPTER; AND (C) NOTIFICATION OF
 SUCH MINOR'S RIGHT TO COUNSEL UNDER SECTION THREE HUNDRED NINETY-THREE-A
 OF THIS TITLE.
   2. SUCH INFORMATIONAL MATERIALS SHALL BE PROVIDED TO BOTH THE UNACCOM-
 PANIED  MINOR  AND THE SPONSOR, UNLESS SUCH UNACCOMPANIED MINOR IS UNDER
 THE AGE OF FIVE, IN WHICH  CASE  SUCH  INFORMATIONAL  MATERIALS  MAY  BE
 PROVIDED SOLELY TO THE SPONSOR.
   § 8. Subdivision 2 of section 2511 of the public health law is amended
 by adding a new paragraph (k) to read as follows:
   (K)  WHERE  AN APPLICANT FOR A SUBSIDY PAYMENT PURSUANT TO SUBDIVISION
 THREE OF THIS SECTION IS AN UNACCOMPANIED MINOR AS  DEFINED  IN  SECTION
 TWO OF THE SOCIAL SERVICES LAW, SUCH UNACCOMPANIED MINOR SHALL BE ELIGI-
 BLE FOR SUCH SUBSIDY.
   §  9.    Subdivision  7  of  section 2510 of the public health law, as
 amended by section 1 of part DDD of chapter 56 of the laws of  2022,  is
 amended to read as follows:
   7.  "Covered  health care services" means: the services of physicians,
 optometrists, nurses, nurse practitioners, midwives  and  other  related
 professional  personnel  which  are  provided  on  an  outpatient basis,
 including routine well-child visits; diagnosis and treatment of  illness
 and injury; inpatient health care services; laboratory tests; diagnostic
 x-rays;  prescription  and  non-prescription  drugs,  ostomy  and  other
 medical supplies  and  durable  medical  equipment;  radiation  therapy;
 chemotherapy;  hemodialysis;  outpatient  blood clotting factor products
 and other treatments and services furnished in connection with the  care
 of  hemophilia  and other blood clotting protein deficiencies; emergency
 room services; ambulance services; hospice services; emergency,  preven-
 tive  and  routine  dental  care,  including  orthodontia  but excluding
 cosmetic surgery; emergency, preventive and routine vision care, includ-
 ing eyeglasses; speech and hearing services;  inpatient  and  outpatient
 mental  health, alcohol and substance abuse services, including children
 and family treatment and support services, children's home and community
 based services, assertive community treatment services  and  residential
 rehabilitation  for  youth services which shall be reimbursed in accord-
 ance with the ambulatory patient group (APG) rate-setting methodology as
 utilized by the department of health, the office of  addiction  services
 and  supports,  or the office of mental health for rate-setting purposes
 or any such other fees established pursuant to  article  forty-three  of
 S. 1650                             6
 
 the  mental  hygiene law; and health-related services provided by volun-
 tary foster care agency health facilities licensed pursuant  to  article
 twenty-nine-I of this chapter; as defined by the commissioner. FOR UNAC-
 COMPANIED  MINORS,  AS SUCH TERM IS DEFINED BY SECTION TWO OF THE SOCIAL
 SERVICES LAW, COVERED HEALTH CARE SERVICES SHALL ALSO INCLUDE: (A) CHIL-
 DREN'S MENTAL HEALTH REHABILITATION SERVICES INCLUDING, BUT NOT  LIMITED
 TO,  THOSE  ADDED  TO THE MEDICAID STATE PLAN IN JANUARY OF TWO THOUSAND
 NINETEEN, OTHER LICENSED PRACTITIONER  SERVICES,  COMMUNITY  PSYCHIATRIC
 SUPPORT   AND   TREATMENT   SERVICES,  AND  PSYCHOSOCIAL  REHABILITATION
 SERVICES, ASSUMING SUCH CHILDREN'S MENTAL HEALTH REHABILITATION SERVICES
 ARE PROVIDED BY INDIVIDUALS ACTING WITHIN THEIR LAWFUL SCOPE OF PRACTICE
 AS ESTABLISHED UNDER THE EDUCATION LAW; AND  (B)  TRAUMA  INFORMED  CARE
 THAT  INCLUDES THE IDENTIFICATION OF AND APPROPRIATE REACTION AND TREAT-
 MENT TO ADVERSE CHILDHOOD EXPERIENCES. "Covered  health  care  services"
 shall  not  include  drugs, procedures and supplies for the treatment of
 erectile dysfunction when provided to,  or  prescribed  for  use  by,  a
 person who is required to register as a sex offender pursuant to article
 six-C  of  the  correction  law, provided that any denial of coverage of
 such drugs, procedures or supplies shall provide the  patient  with  the
 means of obtaining additional information concerning both the denial and
 the means of challenging such denial.
   §  10.  The  executive  law is amended by adding a new section 94-e to
 read as follows:
   § 94-E. REPRESENTATION FOR UNACCOMPANIED MINORS. 1. THE OFFICE FOR NEW
 AMERICANS, IN CONSULTATION WITH THE OFFICE OF COURT  ADMINISTRATION  AND
 INDIGENT LEGAL SERVICES, SHALL BE RESPONSIBLE FOR FACILITATING ACCESS TO
 REPRESENTATION  AND  RELATED  ASSISTANCE  IN IMMIGRATION-RELATED MATTERS
 PROVIDED PURSUANT TO SECTION THREE HUNDRED NINETY-THREE-A OF THE  SOCIAL
 SERVICES  LAW.  ANY SERVICES PROVIDED SHALL BE COMPENSATED IN ACCORDANCE
 WITH THIS SECTION. THE OFFICE MAY ENTER INTO AN AGREEMENT WITH  A  LEGAL
 AID SOCIETY OR OTHER NOT-FOR-PROFIT ORGANIZATION WITH APPROPRIATE EXPER-
 TISE  AND  EXPERIENCE  IN IMMIGRATION-RELATED MATTERS FOR THE SOCIETY OR
 ORGANIZATION TO PROVIDE SUCH REPRESENTATION AND  RELATED  SERVICES.  THE
 AGREEMENT  SHALL BE IN A FORM APPROVED BY THE DIRECTOR OF THE OFFICE FOR
 NEW AMERICANS AND SHALL PROVIDE A GENERAL PLAN FOR A PROGRAM OF SERVICES
 TO BE PROVIDED BY SUCH SOCIETY OR ORGANIZATION.
   2. ALL EXPENSES FOR SERVICES PROVIDED UNDER THIS SECTION  SHALL  BE  A
 STATE CHARGE TO BE PAID OUT OF FUNDS APPROPRIATED TO THE OFFICE FOR THAT
 PURPOSE.  COUNSEL  UTILIZED  HEREUNDER  SHALL RECEIVE COMPENSATION AT AN
 HOURLY RATE FOR TIME EXPENDED IN COURT AND FOR TIME REASONABLY  EXPENDED
 OUT  OF  COURT,  AND  SHALL  RECEIVE  PAYMENT  FOR  EXPENSES  REASONABLY
 INCURRED. THE DIRECTOR OF THE OFFICE FOR NEW AMERICANS  SHALL  ESTABLISH
 RULES  AND  REGULATIONS REGARDING REASONABLE COMPENSATION AND REIMBURSE-
 MENT FOR OTHER SERVICES PROVIDED. NO COUNSEL OR OTHER  SERVICE  PROVIDER
 UTILIZED  PURSUANT  TO  THIS  SECTION  SHALL  SEEK OR ACCEPT ANY FEE FOR
 REPRESENTING SUCH PERSON.
   § 11. Severability. If any clause,  sentence,  paragraph,  section  or
 part  of  this act shall be adjudged by any court of competent jurisdic-
 tion to be invalid and after exhaustion of all further judicial  review,
 the judgment shall not affect, impair or invalidate the remainder there-
 of,  but  shall  be  confined  in its operation to the clause, sentence,
 paragraph, section or part of this act directly involved in the  contro-
 versy in which the judgment shall have been rendered.
   §  12.  This  act  shall  take  effect immediately; provided, however,
 sections one, two, four, six, seven, eight, nine, and ten  of  this  act
 shall  take effect on the sixtieth day after it shall have become a law;
 S. 1650                             7
 
 and provided, further, that section five of this act shall  take  effect
 on  the  same date and in the same manner as section 4 of chapter 625 of
 the laws of 2024, takes effect.

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