NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2432
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 prob-
lems encountered when federal immigration 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 SPECIFIC PROVISIONS:
Section 1 establishes the title of the legislation as the "New York
State Reuniting Families Act".
Section 2 amends section 651 of the family court act by adding a new
section (g) which permits the court to postpone for up to twenty four
months its determination of a petition for custody except in certain
circumstances, where a parent was detained or deported for immigration
violations.
Section 3: Sets forward an effective date 90 days after enactment
JUSTIFICATION: Enforcement activities conducted by federal agencies
too often result in unnecessary harm to children, families, and communi-
ties. 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 alternative for child to be placed with relatives. Upon
entering the detention system, parents frequently have tremendous diffi-
culty navigating the system in order to visit their children, partic-
ipate 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 is 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
proceeding, 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 prema-
turely and permanently separate the parent and child, resulting in trau-
ma and hardship to the family. In such situations, the local social
services district should have the flexibility to consider the circum-
stances and delay the filing of a petition to terminate parental rights.
PRIOR LEGISLATIVE HISTORY: 2013-2014: (Referred to Children and Fami-
lies, 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)
(Kim)
FISCAL IMPLICATIONS: Minimal
EFFECTIVE DATE: This act shall take 90 days after enactment.
