A02106 Summary:

BILL NOA02106A
 
SAME ASSAME AS S05024-A
 
SPONSORKim (MS)
 
COSPNSRMosley, Jaffee, Crespo, Steck, Fahy, Friend, Jean-Pierre, Niou, Cruz, Raynor
 
MLTSPNSRAbbate, Cook, Perry
 
Amd 384-b, Soc Serv L
 
Enacts the New York State Reuniting Families Act; relates to foster care and parents in immigration detention or removal proceedings.
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A02106 Actions:

BILL NOA02106A
 
01/22/2019referred to children and families
04/30/2019reported
05/02/2019advanced to third reading cal.227
05/13/2019amended on third reading 2106a
06/04/2019substituted by s5024a
 S05024 AMEND=A PARKER
 04/03/2019REFERRED TO CHILDREN AND FAMILIES
 05/01/2019AMEND AND RECOMMIT TO CHILDREN AND FAMILIES
 05/01/2019PRINT NUMBER 5024A
 05/07/20191ST REPORT CAL.629
 05/08/20192ND REPORT CAL.
 05/13/2019ADVANCED TO THIRD READING
 05/22/2019PASSED SENATE
 05/22/2019DELIVERED TO ASSEMBLY
 05/22/2019referred to children and families
 06/04/2019substituted for a2106a
 06/04/2019ordered to third reading cal.227
 06/04/2019passed assembly
 06/04/2019returned to senate
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A02106 Committee Votes:

CHILDREN AND FAMILIES Chair:Jaffee DATE:04/30/2019AYE/NAY:14/0 Action: Favorable
JaffeeAyeByrnesAye
ArroyoAyeFriendAye
FahyAyeMillerAye
DavilaAyeSmullenAye
BarnwellAye
WrightAye
VanelAye
Jean-PierreAye
FrontusAbsent
BurkeAbsent
CruzAye
RaynorAye

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A02106 Floor Votes:

There are no votes for this bill in this legislative session.
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A02106 Memo:

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.
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A02106 Text:



 
                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
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A02106 LFIN:

 NO LFIN
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A02106 Chamber Video/Transcript:

5-6-19Video (@ 00:55:20)Transcript pdf Transcript html
6-4-19Video (@ 03:07:30)
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