Bill Text: NY S04260 | 2025-2026 | General Assembly | Introduced
Bill Title: Relates to allowing unaccompanied children in custody petition the family court for orders of dependency to ensure such child receives proper care.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-03 - REFERRED TO CHILDREN AND FAMILIES [S04260 Detail]
Download: New_York-2025-S04260-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4260 2025-2026 Regular Sessions IN SENATE 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: 1 Section 1. The family court act is amended by adding a new article 2 10-D to read as follows: 3 ARTICLE 10-D 4 ACCESS TO FAMILY COURT ACT 5 Section 1100. Definitions. 6 1101. Jurisdiction. 7 1102. Venue. 8 1103. Petitions. 9 1104. Service of process. 10 1105. Hearings and orders. 11 1106. Continuing court jurisdiction. 12 § 1100. Definitions. As used in this article, the following terms 13 shall have the following meanings: 14 (a) "Dependent child" shall have the same meaning as defined in 15 section three hundred seventy-one of the social services law. 16 (b) "Federal placement" means any facility or program providing shel- 17 ter or foster care services to non-citizen children within New York 18 state under a federal contract with or other authorization from the 19 United States Department of Health and Human Services Office of Refugee 20 Resettlement, or any other federal government agency or office. For the 21 purposes of this article, such federal placements are authorized agen- 22 cies and institutions under section three hundred seventy-one of the 23 social services law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04245-04-5S. 4260 2 1 (c) "Special findings" means findings necessary for a child to peti- 2 tion for classification as a special immigration juvenile including a 3 finding that reunification with one or both parents is not viable due to 4 abuse, neglect, abandonment, or a similar basis under state law, and a 5 finding that it is not in the child's best interest to be returned to 6 such child's or such child's parent's country of nationality or last 7 habitual residence. 8 § 1101. Jurisdiction. (a) The family court shall have exclusive juris- 9 diction over all petitions and motions filed pursuant to this article. 10 (b) In determining the jurisdiction of the family court under this 11 article, the age of the child at the time the proceedings are initiated 12 is controlling. 13 § 1102. Venue. Proceedings commenced under this article may originate 14 in the county of the child's federal placement or where the child is 15 domiciled at the time of the filing. 16 § 1103. Petitions. (a) At any time, a child in a federal placement or 17 any adult acting on the child's behalf may commence a proceeding to seek 18 a determination of dependency under this article by filing a petition 19 with the family court alleging that the child is a dependent child. 20 (b) Statements in the petition may be made upon information and 21 belief, and may concern acts, omissions, and events that occurred 22 outside of the state of New York or outside of the United States. 23 (c) Facts alleged in a petition under this article relating to past 24 acts, omissions or events outside the United States shall not without 25 more information require referral to the office of children and family 26 services or result in the placement of any individual on the state 27 central register of child abuse and maltreatment. 28 § 1104. Service of process. Service of a summons and petition under 29 this article shall be made to any persons named in the petition as known 30 parents or legal guardians pursuant to subdivision (d) of section one 31 thousand ninety-three of this act. 32 § 1105. Hearings and orders. (a) Except for good cause shown, the 33 hearing shall be held as soon as practicable and shall not be adjourned. 34 (b) The court shall make a finding of dependency if, based upon the 35 evidence presented, the court finds that the child qualifies as a 36 dependent child. If the proof does not conform to the specific allega- 37 tions of the petition, the court may amend the allegations to conform to 38 the proof if no party objects to such conformation. 39 (c) The court shall consider all material and relevant evidence 40 including but not limited to sworn statements, and birth and death 41 certificates. 42 (d) Upon determining that a child is a dependent child, the court may 43 issue orders as may be necessary to ensure the child's safety and 44 wellbeing, consistent with its authority under section two hundred 45 fifty-five of this act. 46 (e) The court order of dependency may recognize the child's placement 47 in federal custody. The court shall not alter the child's custody with- 48 out the consent of the United States Department of Health and Human 49 Services. 50 § 1106. Continuing court jurisdiction. (a) The court shall maintain 51 jurisdiction over a case for purposes of hearing a motion for special 52 findings. The court shall issue an order responding to any motion for 53 special findings filed after initiation of a proceeding under this arti- 54 cle and shall address each of the requested special findings. 55 (b) Following adjudication on the merits and disposition of any pend- 56 ing motions, the court may terminate proceedings if it determines thatS. 4260 3 1 continued jurisdiction over the subject child would no longer serve the 2 child's best interests. In any instance where a child or their counsel 3 informs the court that an application for special immigrant juvenile 4 status is pending or has not yet been granted, it shall be presumed that 5 continued jurisdiction is in the child's best interests. 6 (c) In the event that further judicial action is needed as provided 7 for in this article, the proceeding may be restored to the calendar by 8 motion or order to show cause on notice to all parties. 9 (d) Upon reaching their eighteenth birthday, the child may consent to 10 the court's retention of exclusive jurisdiction over the proceeding 11 until the child reaches the age of twenty-one. 12 § 2. Subdivision 7 of section 371 of the social services law, as added 13 by chapter 690 of the laws of 1962, is amended to read as follows: 14 7. "Dependent child" means a child who is in the custody of, or wholly 15 or partly maintained by an authorized agency or an institution, society 16 or other organization of charitable, eleemosynary, correctional, or 17 reformatory character or who is under the age of eighteen residing in a 18 federal placement and having no parent or legal guardian in the United 19 States able to provide for the child's essential needs; 20 § 3. Subdivision (a) of section 249 of the family court act, as 21 amended by chapter 3 of the laws of 2012, is amended to read as follows: 22 (a) In a proceeding under article three, seven, ten, ten-A [or], ten-C 23 or ten-D of this act or where a revocation of an adoption consent is 24 opposed under section one hundred fifteen-b of the domestic relations 25 law or in any proceeding under section three hundred fifty-eight-a, 26 three hundred eighty-three-c, three hundred eighty-four or three hundred 27 eighty-four-b of the social services law or when a minor is sought to be 28 placed in protective custody under section one hundred fifty-eight of 29 this act or in any proceeding where a minor is detained under or 30 governed by the interstate compact for juveniles established pursuant to 31 section five hundred one-e of the executive law, or when a minor is 32 alleged to be a dependent child under section eleven hundred-a of this 33 act, the family court shall appoint an attorney to represent a minor who 34 is the subject of the proceeding or who is sought to be placed in 35 protective custody, if independent legal representation is not available 36 to such minor. In any proceeding to extend or continue the placement of 37 a juvenile delinquent or person in need of supervision pursuant to 38 section seven hundred fifty-six or 353.3 of this act or any proceeding 39 to extend or continue a commitment to the custody of the commissioner of 40 mental health or the commissioner of people with developmental disabili- 41 ties pursuant to section 322.2 of this act, the court shall not permit 42 the respondent to waive the right to be represented by counsel chosen by 43 the respondent, respondent's parent, or other person legally responsible 44 for the respondent's care, or by assigned counsel. In any proceeding 45 under article ten-B of this act, the family court shall appoint an 46 attorney to represent a youth, under the age of twenty-one, who is the 47 subject of the proceeding, if independent legal representation is not 48 available to such youth. In any other proceeding in which the court has 49 jurisdiction, the court may appoint an attorney to represent the child, 50 when, in the opinion of the family court judge, such representation will 51 serve the purposes of this act, if independent legal counsel is not 52 available to the child. The family court on its own motion may make such 53 appointment. 54 § 4. Subdivision (a) of section 249 of the family court act, as 55 amended by chapter 672 of the laws of 2019, is amended to read as 56 follows:S. 4260 4 1 (a) In a proceeding under article three, seven, ten, ten-A [or], ten-C 2 or ten-D of this act or where a revocation of an adoption consent is 3 opposed under section one hundred fifteen-b of the domestic relations 4 law or in any proceeding under section three hundred fifty-eight-a, 5 three hundred eighty-three-c, three hundred eighty-four or three hundred 6 eighty-four-b of the social services law or when a minor is sought to be 7 placed in protective custody under section one hundred fifty-eight of 8 this act, or when a minor is alleged to be a dependent child under elev- 9 en hundred-a of this act, the family court shall appoint an attorney to 10 represent a minor who is the subject of the proceeding or who is sought 11 to be placed in protective custody, if independent legal representation 12 is not available to such minor. In any proceeding to extend or continue 13 the placement of a juvenile delinquent or person in need of supervision 14 pursuant to section seven hundred fifty-six or 353.3 of this act or any 15 proceeding to extend or continue a commitment to the custody of the 16 commissioner of mental health or the commissioner of the office for 17 people with developmental disabilities pursuant to section 322.2 of this 18 act, the court shall not permit the respondent to waive the right to be 19 represented by counsel chosen by the respondent, respondent's parent, or 20 other person legally responsible for the respondent's care, or by 21 assigned counsel. In any proceeding under article ten-B of this act, the 22 family court shall appoint an attorney to represent a youth, under the 23 age of twenty-one, who is the subject of the proceeding, if independent 24 legal representation is not available to such youth. In any other 25 proceeding in which the court has jurisdiction, the court may appoint an 26 attorney to represent the child, when, in the opinion of the family 27 court judge, such representation will serve the purposes of this act, if 28 independent legal counsel is not available to the child. The family 29 court on its own motion may make such appointment. 30 § 5. This act shall take effect immediately; provided that the amend- 31 ments to subdivision (a) of section 249 of the family court act made by 32 section three of this act shall be subject to the expiration and rever- 33 sion of such subdivision pursuant to section 8 of chapter 29 of the laws 34 of 2011, as amended, when upon such date the provisions of section four 35 of this act shall take effect.
