NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2106A
SPONSOR: Kim (MS) 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 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
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
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 are 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. Like-
wise, a parent involved in an immigration proceeding may be unable to
resume custody despite efforts to do so. Upon conclusion of the proceed-
ing, 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 prematurely and
permanently separate the parent and child, resulting in trauma and hard-
ship to the family. In such situations, the local social services
district should have the flexibility to consider the circumstances and
delay the filing of a petition to terminate parental rights.
PRIOR LEGISLATIVE HISTORY:
2015-2016: (Referred to Children and Families, reported, advanced to
third reading cal.242, passed assembly, delivered to senate, referred to
children and families, died in senate, returned to assembly, ordered to
third reading cal.114, passed assembly, delivered to senate, referred to
children and families) Kim)
2013-2014: (Referred to Children and Families, amended and recommitted
to children and families, print number 6377a, referred to children and
families, amended and recommitted to children and families, print number
6337b, reported referred to rules, reported, rules report cal. 67,
ordered to third reading rules cal. 67, passed assembly, delivered to
senate, referred to children and families)
04/24/2017 passed assembly
04/24/2017 delivered to the senate
04/24/2017 REFERRED TO CHILDREN AND FAMILIES
01/03/2018 DIED IN SENATE
01/03/2018 Returned to Assembly
01/16/2018 Delivered To Senate
01/16/2018 DELIVERED TO CHILDREN AND FAMILIES
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal
EFFECTIVE DATE:
This act shall take 90 days after enactment.
STATE OF NEW YORK
________________________________________________________________________
2106--A
Cal. No. 227
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
___________
Introduced by M. of A. KIM, MOSLEY, JAFFEE, CRESPO, STECK, FAHY, FRIEND,
JEAN-PIERRE, NIOU, CRUZ -- Multi-Sponsored by -- M. of A. ABBATE,
COOK, PERRY -- read once and referred to the Committee on Children and
Families -- reported from committee, advanced to a third reading,
amended and ordered reprinted, retaining its place on the order of
third reading
AN ACT to amend the social services 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:
1 Section 1. This act shall be known and may be cited as the "New York
2 State Reuniting Families Act."
3 § 2. Clause (D) of subparagraph (i) of paragraph (l) of subdivision 3
4 of section 384-b of the social services law, as amended by chapter 113
5 of the laws of 2010, is amended to read as follows:
6 (D) the parent or parents are incarcerated, in immigration detention
7 or immigration removal proceedings, or participating in a residential
8 substance abuse treatment program, or the prior incarceration, immi-
9 gration detention or immigration removal proceedings, or participation
10 of a parent or parents in a residential substance abuse treatment
11 program is a significant factor in why the child has been in foster care
12 for fifteen of the last twenty-two months, provided that the parent
13 maintains a meaningful role in the child's life based on the criteria
14 set forth in subparagraph (v) of this paragraph and the agency has not
15 documented a reason why it would otherwise be appropriate to file a
16 petition pursuant to this section.
17 § 3. This act shall take effect on the ninetieth day after it shall
18 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03634-07-9
