Provides that no person shall be precluded from being deemed a "prospective relative guardian" based on whether such person's relationship with the child was established before or after such child's placement into foster care.
STATE OF NEW YORK
________________________________________________________________________
8204
2025-2026 Regular Sessions
IN SENATE
May 21, 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 social services law and the family court act, in
relation to the definition of the term "prospective relative guardian"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 458-a of the social services law,
2 as amended by chapter 384 of the laws of 2017, is amended to read as
3 follows:
4 3. (a) "Prospective relative guardian" shall mean a person who has
5 been caring for the child as a fully certified or approved foster parent
6 for at least six consecutive months prior to applying for kinship guar-
7 dianship assistance payments and who:
8 [(a)] (i) is related to the child through blood, marriage, or
9 adoption; or
10 [(b)] (ii) is related to a half-sibling of the child through blood,
11 marriage or adoption and where such person or persons is or are also the
12 prospective or appointed relative guardian or guardians of such half-si-
13 bling; or
14 [(c)] (iii) is an adult with a positive relationship with the child,
15 including, but not limited to, a step-parent, godparent, neighbor or
16 family friend.
17 (b) No person shall be precluded from being deemed a "prospective
18 relative guardian" under paragraph (a) of this subdivision based on
19 whether such person's relationship with the child was established before
20 or after such child's placement into foster care.
21 § 2. Paragraph (i) of subdivision (a) of section 1028-a of the family
22 court act, as amended by chapter 434 of the laws of 2019, is amended to
23 read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08164-01-5
S. 8204 2
1 (i) the person is related to the child as described under subparagraph
2 (i), (ii), or (iii) of paragraph (a)[, (b), or (c)] of subdivision three
3 of section four hundred fifty-eight-a of the social services law;
4 § 3. This act shall take effect immediately.
