NY State Senate Bill 2025-S4260

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
Feb 03, 2025	referred to children and families

2025-S4260 (ACTIVE) - Details

See Assembly Version of this Bill:: A6189
Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Add Art 10-D §§1100 - 1106, amd §249, Fam Ct Act; amd §371, Soc Serv L

2025-S4260 (ACTIVE) - Summary

Relates to allowing unaccompanied children in custody petition the family court for orders of dependency to ensure such child receives proper care.

2025-S4260 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4260

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the family court act and the social services law, in
relation to allowing unaccompanied children in federal placements to
self-petition the family court for orders of dependency

 
SUMMARY OF PROVISIONS:

This bill amends the Family Court Act by adding a new article, Article
10-D. This new article allows for any child in a federal placement, or
an adult acting on the child's behalf, to initiate a proceeding to seek
a determination of dependency, and allows the Family Court to maintain
jurisdiction for the purpose of hearing a Motion for Special Findings,
and to retain jurisdiction until a petition to the U.S.  Citizenship and
Immigration Services for Special Immigrant Juvenile Status has been
granted.

 
JUSTIFICATION:

New York guarantees all children the right to education, healthcare,
shelter and essential services to support them in reaching their full
potential. Yet many of the most vulnerable children in the state - unac-
companied immigrant children who are in placements contracted by the
federal Office of Refugee Resettlement (ORR) - are unable to access the
services they need, due to a gap in the New York Family Court Act. Immi-
grant children and youth who are in the United States without a parent
or guardian to care for them may be placed in New York State foster care
placements, may reside with an adult who assumes responsibility for
them, or may remain in ORR placements.  Those who are in foster care or
placed under the guardianship of another adult may qualify for Special
Immigrant Juvenile Status (SIJS), which provides them with a pathway to
stability and access to services, support, work authorization, higher
education opportunities, protection from forcible removal from the
United States, as well as a legal pathway for citizenship. Because chil-
dren who are placed with ORR are not under the jurisdiction of the Fami-
ly Court, they are not eligible to apply for SIJS, even if they can
satisfy all of the other eligibility requirements.

This bill will extend New York Family Court jurisdiction in a narrow way
by adding new sections to New York law, to align state and federal legal
protections for unaccompanied children. This will allow for certain
unaccompanied children in federal placements to be eligible to apply for
SIJS. Passage of this bill will bring New York in step with several
states which allow unaccompanied immigrant children in ORR placements to
self-petition juvenile courts for findings of dependency, including
Arizona, California, Colorado, Texas and Virginia.

Immigrant children and youth are a vibrant and vital part of New York's
cultural fabric. The Access to Family Court Act would ensure that unac-
companied children placed in New York federal placements and shelters
without parents or legal guardians can have timely access to work
authorization, access to higher education, and a legal pathway to citi-
zenship.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided that the amendments to
subdivision (a) of section 249 of the Family Court Act made by section
three of this act shall be subject to the expiration and reversion of
such subdivision pursuant to section 8 of chapter 29 of the laws of
2011, as amended, when upon such date the provisions of section four of
this act shall take effect.

2025-S4260 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4260
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2025
                                ___________
 
 Introduced  by Sen. BRISPORT -- 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 and the  social  services  law,  in
   relation  to  allowing unaccompanied children in federal placements to
   self-petition the family court for orders of dependency

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  family  court act is amended by adding a new article
 10-D to read as follows:
                               ARTICLE 10-D
                        ACCESS TO FAMILY COURT ACT
 SECTION 1100. DEFINITIONS.
         1101. JURISDICTION.
         1102. VENUE.
         1103. PETITIONS.
         1104. SERVICE OF PROCESS.
         1105. HEARINGS AND ORDERS.
         1106. CONTINUING COURT JURISDICTION.
   § 1100. DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "DEPENDENT  CHILD"  SHALL  HAVE  THE  SAME  MEANING AS DEFINED IN
 SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW.
   (B) "FEDERAL PLACEMENT" MEANS ANY FACILITY OR PROGRAM PROVIDING  SHEL-
 TER  OR  FOSTER  CARE  SERVICES  TO NON-CITIZEN CHILDREN WITHIN NEW YORK
 STATE UNDER A FEDERAL CONTRACT WITH  OR  OTHER  AUTHORIZATION  FROM  THE
 UNITED  STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES OFFICE OF REFUGEE
 RESETTLEMENT, OR ANY OTHER FEDERAL GOVERNMENT AGENCY OR OFFICE. FOR  THE
 PURPOSES  OF  THIS ARTICLE, SUCH FEDERAL PLACEMENTS ARE AUTHORIZED AGEN-
 CIES AND INSTITUTIONS UNDER SECTION THREE  HUNDRED  SEVENTY-ONE  OF  THE
 SOCIAL SERVICES LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04245-04-5
 S. 4260                             2

 
   (C)  "SPECIAL  FINDINGS" MEANS FINDINGS NECESSARY FOR A CHILD TO PETI-
 TION FOR CLASSIFICATION AS A SPECIAL IMMIGRATION  JUVENILE  INCLUDING  A
 FINDING THAT REUNIFICATION WITH ONE OR BOTH PARENTS IS NOT VIABLE DUE TO
 ABUSE,  NEGLECT,  ABANDONMENT, OR A SIMILAR BASIS UNDER STATE LAW, AND A
 FINDING  THAT  IT  IS NOT IN THE CHILD'S BEST INTEREST TO BE RETURNED TO
 SUCH CHILD'S OR SUCH CHILD'S PARENT'S COUNTRY  OF  NATIONALITY  OR  LAST
 HABITUAL RESIDENCE.
   § 1101. JURISDICTION. (A) THE FAMILY COURT SHALL HAVE EXCLUSIVE JURIS-
 DICTION OVER ALL PETITIONS AND MOTIONS FILED PURSUANT TO THIS ARTICLE.
   (B)  IN  DETERMINING  THE  JURISDICTION OF THE FAMILY COURT UNDER THIS
 ARTICLE, THE AGE OF THE CHILD AT THE TIME THE PROCEEDINGS ARE  INITIATED
 IS CONTROLLING.
   §  1102. VENUE. PROCEEDINGS COMMENCED UNDER THIS ARTICLE MAY ORIGINATE
 IN THE COUNTY OF THE CHILD'S FEDERAL PLACEMENT OR  WHERE  THE  CHILD  IS
 DOMICILED AT THE TIME OF THE FILING.
   §  1103. PETITIONS. (A) AT ANY TIME, A CHILD IN A FEDERAL PLACEMENT OR
 ANY ADULT ACTING ON THE CHILD'S BEHALF MAY COMMENCE A PROCEEDING TO SEEK
 A DETERMINATION OF DEPENDENCY UNDER THIS ARTICLE BY  FILING  A  PETITION
 WITH THE FAMILY COURT ALLEGING THAT THE CHILD IS A DEPENDENT CHILD.
   (B)  STATEMENTS  IN  THE  PETITION  MAY  BE  MADE UPON INFORMATION AND
 BELIEF, AND MAY  CONCERN  ACTS,  OMISSIONS,  AND  EVENTS  THAT  OCCURRED
 OUTSIDE OF THE STATE OF NEW YORK OR OUTSIDE OF THE UNITED STATES.
   (C)  FACTS  ALLEGED  IN A PETITION UNDER THIS ARTICLE RELATING TO PAST
 ACTS, OMISSIONS OR EVENTS OUTSIDE THE UNITED STATES  SHALL  NOT  WITHOUT
 MORE  INFORMATION  REQUIRE REFERRAL TO THE OFFICE OF CHILDREN AND FAMILY
 SERVICES OR RESULT IN THE PLACEMENT  OF  ANY  INDIVIDUAL  ON  THE  STATE
 CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT.
   §  1104.  SERVICE  OF PROCESS. SERVICE OF A SUMMONS AND PETITION UNDER
 THIS ARTICLE SHALL BE MADE TO ANY PERSONS NAMED IN THE PETITION AS KNOWN
 PARENTS OR LEGAL GUARDIANS PURSUANT TO SUBDIVISION (D)  OF  SECTION  ONE
 THOUSAND NINETY-THREE OF THIS ACT.
   §  1105.  HEARINGS  AND  ORDERS.  (A) EXCEPT FOR GOOD CAUSE SHOWN, THE
 HEARING SHALL BE HELD AS SOON AS PRACTICABLE AND SHALL NOT BE ADJOURNED.
   (B) THE COURT SHALL MAKE A FINDING OF DEPENDENCY IF,  BASED  UPON  THE
 EVIDENCE  PRESENTED,  THE  COURT  FINDS  THAT  THE  CHILD QUALIFIES AS A
 DEPENDENT CHILD. IF THE PROOF DOES NOT CONFORM TO THE  SPECIFIC  ALLEGA-
 TIONS OF THE PETITION, THE COURT MAY AMEND THE ALLEGATIONS TO CONFORM TO
 THE PROOF IF NO PARTY OBJECTS TO SUCH CONFORMATION.
   (C)  THE  COURT  SHALL  CONSIDER  ALL  MATERIAL  AND RELEVANT EVIDENCE
 INCLUDING BUT NOT LIMITED TO  SWORN  STATEMENTS,  AND  BIRTH  AND  DEATH
 CERTIFICATES.
   (D)  UPON DETERMINING THAT A CHILD IS A DEPENDENT CHILD, THE COURT MAY
 ISSUE ORDERS AS MAY BE  NECESSARY  TO  ENSURE  THE  CHILD'S  SAFETY  AND
 WELLBEING,  CONSISTENT  WITH  ITS  AUTHORITY  UNDER  SECTION TWO HUNDRED
 FIFTY-FIVE OF THIS ACT.
   (E) THE COURT ORDER OF DEPENDENCY MAY RECOGNIZE THE CHILD'S  PLACEMENT
 IN  FEDERAL CUSTODY. THE COURT SHALL NOT ALTER THE CHILD'S CUSTODY WITH-
 OUT THE CONSENT OF THE UNITED STATES  DEPARTMENT  OF  HEALTH  AND  HUMAN
 SERVICES.
   §  1106.  CONTINUING  COURT JURISDICTION. (A) THE COURT SHALL MAINTAIN
 JURISDICTION OVER A CASE FOR PURPOSES OF HEARING A  MOTION  FOR  SPECIAL
 FINDINGS.  THE  COURT  SHALL ISSUE AN ORDER RESPONDING TO ANY MOTION FOR
 SPECIAL FINDINGS FILED AFTER INITIATION OF A PROCEEDING UNDER THIS ARTI-
 CLE AND SHALL ADDRESS EACH OF THE REQUESTED SPECIAL FINDINGS.
   (B) FOLLOWING ADJUDICATION ON THE MERITS AND DISPOSITION OF ANY  PEND-
 ING  MOTIONS,  THE COURT MAY TERMINATE PROCEEDINGS IF IT DETERMINES THAT
 S. 4260                             3
 
 CONTINUED JURISDICTION OVER THE SUBJECT CHILD WOULD NO LONGER SERVE  THE
 CHILD'S  BEST  INTERESTS. IN ANY INSTANCE WHERE A CHILD OR THEIR COUNSEL
 INFORMS THE COURT THAT AN APPLICATION  FOR  SPECIAL  IMMIGRANT  JUVENILE
 STATUS IS PENDING OR HAS NOT YET BEEN GRANTED, IT SHALL BE PRESUMED THAT
 CONTINUED JURISDICTION IS IN THE CHILD'S BEST INTERESTS.
   (C)  IN  THE  EVENT THAT FURTHER JUDICIAL ACTION IS NEEDED AS PROVIDED
 FOR IN THIS ARTICLE, THE PROCEEDING MAY BE RESTORED TO THE  CALENDAR  BY
 MOTION OR ORDER TO SHOW CAUSE ON NOTICE TO ALL PARTIES.
   (D)  UPON REACHING THEIR EIGHTEENTH BIRTHDAY, THE CHILD MAY CONSENT TO
 THE COURT'S RETENTION OF  EXCLUSIVE  JURISDICTION  OVER  THE  PROCEEDING
 UNTIL THE CHILD REACHES THE AGE OF TWENTY-ONE.
   § 2. Subdivision 7 of section 371 of the social services law, as added
 by chapter 690 of the laws of 1962, is amended to read as follows:
   7. "Dependent child" means a child who is in the custody of, or wholly
 or  partly maintained by an authorized agency or an institution, society
 or other organization  of  charitable,  eleemosynary,  correctional,  or
 reformatory  character OR WHO IS UNDER THE AGE OF EIGHTEEN RESIDING IN A
 FEDERAL PLACEMENT AND HAVING NO PARENT OR LEGAL GUARDIAN IN  THE  UNITED
 STATES ABLE TO PROVIDE FOR THE CHILD'S ESSENTIAL NEEDS;
   §  3.  Subdivision  (a)  of  section  249  of the family court act, as
 amended by chapter 3 of the laws of 2012, is amended to read as follows:
   (a) In a proceeding under article three, seven, ten, ten-A [or], ten-C
 OR TEN-D of this act or where a revocation of  an  adoption  consent  is
 opposed  under  section  one hundred fifteen-b of the domestic relations
 law or in any proceeding  under  section  three  hundred  fifty-eight-a,
 three hundred eighty-three-c, three hundred eighty-four or three hundred
 eighty-four-b of the social services law or when a minor is sought to be
 placed  in  protective  custody under section one hundred fifty-eight of
 this act or in any  proceeding  where  a  minor  is  detained  under  or
 governed by the interstate compact for juveniles established pursuant to
 section  five  hundred  one-e  of  the executive law, OR WHEN A MINOR IS
 ALLEGED TO BE A DEPENDENT CHILD UNDER SECTION ELEVEN HUNDRED-A  OF  THIS
 ACT, the family court shall appoint an attorney to represent a minor who
 is  the  subject  of  the  proceeding  or  who is sought to be placed in
 protective custody, if independent legal representation is not available
 to such minor. In any proceeding to extend or continue the placement  of
 a  juvenile  delinquent  or  person  in  need of supervision pursuant to
 section seven hundred fifty-six or 353.3 of this act or  any  proceeding
 to extend or continue a commitment to the custody of the commissioner of
 mental health or the commissioner of people with developmental disabili-
 ties  pursuant  to section 322.2 of this act, the court shall not permit
 the respondent to waive the right to be represented by counsel chosen by
 the respondent, respondent's parent, or other person legally responsible
 for the respondent's care, or by assigned  counsel.  In  any  proceeding
 under  article  ten-B  of  this  act,  the family court shall appoint an
 attorney to represent a youth, under the age of twenty-one, who  is  the
 subject  of  the  proceeding, if independent legal representation is not
 available to such youth. In any other proceeding in which the court  has
 jurisdiction,  the court may appoint an attorney to represent the child,
 when, in the opinion of the family court judge, such representation will
 serve the purposes of this act, if  independent  legal  counsel  is  not
 available to the child. The family court on its own motion may make such
 appointment.
   §  4.  Subdivision  (a)  of  section  249  of the family court act, as
 amended by chapter 672 of the laws  of  2019,  is  amended  to  read  as
 follows:
 S. 4260                             4
 
   (a) In a proceeding under article three, seven, ten, ten-A [or], ten-C
 OR  TEN-D  of  this  act or where a revocation of an adoption consent is
 opposed under section one hundred fifteen-b of  the  domestic  relations
 law  or  in  any  proceeding  under section three hundred fifty-eight-a,
 three hundred eighty-three-c, three hundred eighty-four or three hundred
 eighty-four-b of the social services law or when a minor is sought to be
 placed  in  protective  custody under section one hundred fifty-eight of
 this act, OR WHEN A MINOR IS ALLEGED TO BE A DEPENDENT CHILD UNDER ELEV-
 EN HUNDRED-A OF THIS ACT, the family court shall appoint an attorney  to
 represent  a minor who is the subject of the proceeding or who is sought
 to be placed in protective custody, if independent legal  representation
 is  not available to such minor. In any proceeding to extend or continue
 the placement of a juvenile delinquent or person in need of  supervision
 pursuant  to section seven hundred fifty-six or 353.3 of this act or any
 proceeding to extend or continue a commitment  to  the  custody  of  the
 commissioner  of  mental  health  or  the commissioner of the office for
 people with developmental disabilities pursuant to section 322.2 of this
 act, the court shall not permit the respondent to waive the right to  be
 represented by counsel chosen by the respondent, respondent's parent, or
 other  person  legally  responsible  for  the  respondent's  care, or by
 assigned counsel. In any proceeding under article ten-B of this act, the
 family court shall appoint an attorney to represent a youth,  under  the
 age  of twenty-one, who is the subject of the proceeding, if independent
 legal representation is not  available  to  such  youth.  In  any  other
 proceeding in which the court has jurisdiction, the court may appoint an
 attorney  to  represent  the  child,  when, in the opinion of the family
 court judge, such representation will serve the purposes of this act, if
 independent legal counsel is not available  to  the  child.  The  family
 court on its own motion may make such appointment.
   §  5. This act shall take effect immediately; provided that the amend-
 ments to subdivision (a) of section 249 of the family court act made  by
 section  three of this act shall be subject to the expiration and rever-
 sion of such subdivision pursuant to section 8 of chapter 29 of the laws
 of 2011, as amended, when upon such date the provisions of section  four
 of this act shall take effect.

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Senate Bill S4260

Sponsored By

Current Bill Status - In Senate Committee Children And Families Committee

2025-S4260 (ACTIVE) - Details

2025-S4260 (ACTIVE) - Summary

2025-S4260 (ACTIVE) - Sponsor Memo

2025-S4260 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4260

Share this bill

Sponsored By

Jabari Brisport

Current Bill Status - In Senate Committee Children And Families Committee

2025-S4260 (ACTIVE) - Details

2025-S4260 (ACTIVE) - Summary

2025-S4260 (ACTIVE) - Sponsor Memo

2025-S4260 (ACTIVE) - Bill Text download pdf

Comments