Bill Text: NY S04419 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides for supports and services for unaccompanied minors with no lawful immigration status including legal representation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO CHILDREN AND FAMILIES [S04419 Detail]
Download: New_York-2023-S04419-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4419 2023-2024 Regular Sessions IN SENATE February 8, 2023 ___________ Introduced by Sen. FERNANDEZ -- 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, the executive law, and the public health law, in relation to providing for supports and services for unaccompanied minors with no lawful immigration status The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 2 of the social services law is amended by adding a 2 new subdivision 41 to read as follows: 3 41. "Unaccompanied minor" shall mean a child who, prior to release to 4 a New York resident sponsor, was in the custody of the federal office of 5 refugee resettlement and: 6 (a) has no lawful immigration status in the United States; 7 (b) had not attained eighteen years of age prior to being taken into 8 federal custody; and 9 (c) was not accompanied by a parent or legal guardian upon entry to 10 the United States or was accompanied by a parent or legal guardian but 11 subsequently separated from that parent or legal guardian upon entry to 12 the United States. 13 § 2. Article 5 of the social services law is amended by adding a new 14 title 12-B to read as follows: 15 TITLE 12-B 16 SUPPORTS AND SERVICES FOR UNACCOMPANIED MINORS 17 Section 370-f. Supports and services for unaccompanied minors. 18 370-g. Informational materials. 19 § 370-f. Supports and services for unaccompanied minors. 1. Unaccom- 20 panied minors, as defined under section two of this chapter, shall be 21 eligible for a range of appropriate services and supports, which shall 22 be beneficial to the health, safety, and well-being of such minors. Such 23 services shall include, but not be limited to: health and behavioral 24 health services covered under paragraph (k) of subdivision two of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05006-01-3S. 4419 2 1 section twenty-five hundred eleven of the public health law; individual 2 counseling sessions with social workers; legal services provided under 3 section three hundred ninety-four of this chapter, which shall include 4 culturally and linguistically appropriate services provided by attor- 5 neys, interpreters, and other support staff for representation in state 6 court proceedings, federal immigration proceedings, and any appeals 7 arising from such proceedings; language services; employment assistance; 8 bilingual support groups; and assistance with educational rights and 9 enrollment in public schools. Such support and services shall not be 10 deemed public benefits that would affect an unaccompanied minor's immi- 11 gration status under 8 USC 1182, as amended, and any regulations promul- 12 gated thereunder. 13 2. Such services and supports shall be identified by an immigration 14 services liaison under section ninety-four-b of the executive law, which 15 shall, to the extent practicable, connect each unaccompanied minor with 16 resources in order to access such supports and services identified in 17 subdivision one of this section. The immigration services liaison shall 18 connect with unaccompanied minors prior to release to a sponsor deter- 19 mined to be appropriate by the federal office of refugee resettlement, 20 to the extent practicable, but no later than upon referral pursuant to 21 section three hundred seventy-four-g or three hundred ninety-four-a of 22 this chapter. 23 3. Any individual or program providing such services and supports or 24 otherwise providing assistance to the unaccompanied minor shall ensure 25 they receive trauma informed training as well as training on how to 26 identify and appropriately react to unaccompanied minors who may have 27 experienced adverse childhood experiences. In addition, any services, 28 supports or assistance shall be provided in a culturally competent 29 manner. 30 § 370-g. Informational materials. 1. The office of children and family 31 services, in consultation with the office of mental health and the 32 office for new Americans, shall develop informational materials for 33 authorized agencies, as defined in paragraph (a) of subdivision ten of 34 section three hundred seventy-one of this chapter and out of state care 35 providers. Such informational materials shall include contact informa- 36 tion for immigration services liaisons, as well as a general description 37 of the benefits unaccompanied minors as defined in section two of this 38 chapter are eligible for, pursuant to subdivision one of section three 39 hundred seventy-f of this title. 40 2. The informational materials shall be made available in English and 41 the six most common non-English languages spoken by individuals with 42 limited-English proficiency in the state of New York, based on United 43 States census data, and shall be published on the office of children and 44 family services, the office of mental health and the office for new 45 Americans' websites. 46 § 3. The social services law is amended by adding a new section 394 to 47 read as follows: 48 § 394. Legal representation of unaccompanied minors. 1. An unaccompa- 49 nied minor, as defined in section two of this chapter, or minor in the 50 custody of the federal office of refugee resettlement while in the care 51 of an authorized agency, as defined in paragraph (a) of subdivision ten 52 of section three hundred seventy-one of this article, who is present in 53 this state and against whom an immigration proceeding may be or has been 54 commenced shall be entitled to representation by counsel through the 55 completion of such proceeding, including appeals and/or obtaining status 56 and other related assistance, pursuant to section ninety-four-d of theS. 4419 3 1 executive law, including interpretation or translation services pursuant 2 to subdivision five of this section. 3 2. Representation and related assistance provided in accordance with 4 this section shall be a state charge, pursuant to section ninety-four-d 5 of the executive law. 6 3. (a) Upon receipt from a federal immigration authority of a civil 7 immigration detainer, or a request for transfer, notification, inter- 8 view, interrogation or other request, an authorized agency, or agent 9 thereof, shall provide to the child, who is the subject of such detainer 10 or request, such child's sponsor, if sponsored, and such child's coun- 11 sel, if represented: 12 (i) notification of such detainer or request; 13 (ii) a copy of such detainer or request; 14 (iii) notice regarding such child's right to counsel pursuant to this 15 section if such child is without counsel at the time of such detainer or 16 request; and 17 (iv) information as to whether or not such agency intends to comply 18 with such detainer or request. 19 (b) If such child is under the age of five at the time such detainer 20 or request is received, such information required pursuant to paragraph 21 (a) of this subdivision shall only be provided to such child's sponsor, 22 if sponsored, and such child's counsel, if represented. 23 4. Notwithstanding the provisions of subdivision one of this section, 24 a child in the care of an authorized agency may request to be inter- 25 viewed by a federal law enforcement agency or an agent thereof only with 26 written authorization by such child's counsel, provided that if such 27 child is not represented and is entitled to counsel pursuant to this 28 section, he or she shall be notified of such right and provided a 29 reasonable opportunity to obtain such counsel before any such interview. 30 5. In addition to any other right to the assistance of interpretation 31 or translation services, any foreign-born child, or child not proficient 32 in the English language, to whom inquiry is made pursuant to this 33 section shall be entitled to the assistance of a neutral and qualified 34 interpreter or translator, as the case may be, with respect to such 35 inquiry, provided at no cost or expense to such child. 36 6. This section shall supersede conflicting local laws, rules, poli- 37 cies, procedures and practices, except to the extent that the provisions 38 of any such local law, rule, policy or any such procedure or practice 39 may provide any additional or greater right or protection. Nothing in 40 this section shall prohibit any authorized agency from cooperating with 41 a federal immigration authority to the extent required by federal law. 42 Nothing in this section shall be interpreted or applied so as to create 43 any power, duty or obligation in conflict with federal law. 44 § 4. Paragraphs (m) and (n) of subdivision 5 of section 94-b of the 45 executive law, as added by chapter 206 of the laws of 2014, are amended 46 and a new paragraph (o) is added to read as follows: 47 (m) Encourage and assist local governments in the development of 48 activities to enhance civic engagement among immigrants and in immigrant 49 communities; [and] 50 (n) Beginning in two thousand fifteen, by June fifteenth of each year, 51 produce a report to the governor, the speaker of the assembly, and the 52 temporary president of the senate describing the activities of the 53 office, including but not limited to, summarizing calls received through 54 the hotline and website, information on ESOL training services provided 55 by the office, the number of immigrants assisted through the opportunityS. 4419 4 1 centers, or an estimation thereof, the status of any workforce develop- 2 ment programs, and any other relevant information[.]; and 3 (o) Establish an immigration services liaison to assist unaccompanied 4 minors as defined in section two of the social services law, in order to 5 access appropriate supports and services for such minors. The office may 6 work in conjunction with the office of temporary and disability assist- 7 ance, the office of children and family services and the office of 8 mental health in order to effectuate their duties under this provision. 9 § 5. The social services law is amended by adding a new section 374-g 10 to read as follows: 11 § 374-g. Unaccompanied minors released by authorized agencies. 1. 12 Every authorized agency as defined in paragraph (a) of subdivision ten 13 of section three hundred seventy-one of this title, that releases an 14 unaccompanied minor, as defined in section two of this chapter, in New 15 York to a sponsor that is a New York resident, and deemed to be appro- 16 priate by the federal office of refugee resettlement, shall provide the 17 unaccompanied minor and their sponsor with: (a) direct referrals to 18 immigration services liaisons under section ninety-four-b of the execu- 19 tive law; (b) informational materials developed by the office of chil- 20 dren and family services, informing them of available supports and 21 services the unaccompanied minor is eligible for upon release into New 22 York as defined in section three hundred seventy-f of this chapter; and 23 (c) notification of such minor's right to counsel under section three 24 hundred ninety-four of this title. 25 2. Such informational materials shall be provided to both the unaccom- 26 panied minor and the sponsor, unless such unaccompanied minor is under 27 the age of five, in which case such informational materials may be 28 provided solely to the sponsor. 29 § 6. The social services law is amended by adding a new section 394-a 30 to read as follows: 31 § 394-a. Unaccompanied minors released by out of state care providers. 32 1. Every out of state care provider that releases an unaccompanied 33 minor, as defined in section two of this chapter, in New York to a spon- 34 sor that is a New York resident, and deemed to be appropriate by the 35 federal office of refugee resettlement, shall provide the unaccompanied 36 minor and their sponsor with: (a) direct referrals to an immigration 37 services liaison under section ninety-four-b of the executive law; (b) 38 informational materials developed by the office of children and family 39 services, informing them of available supports and services the unaccom- 40 panied minor is eligible for upon release into New York as defined in 41 section three hundred seventy-f of this chapter; and (c) notification of 42 such minor's right to counsel under section three hundred ninety-four of 43 this title. 44 2. Such informational materials shall be provided to both the unaccom- 45 panied minor and the sponsor, unless such unaccompanied minor is under 46 the age of five, in which case such informational materials may be 47 provided solely to the sponsor. 48 § 7. Subdivision 2 of section 2511 of the public health law is amended 49 by adding a new paragraph (k) to read as follows: 50 (k) Where an applicant for a subsidy payment pursuant to subdivision 51 three of this section is an unaccompanied minor as defined in section 52 two of the social services law, such unaccompanied minor shall be eligi- 53 ble for such subsidy. 54 § 8. Subdivision 7 of section 2510 of the public health law, as 55 amended by chapter 436 of the laws of 2021, is amended to read as 56 follows:S. 4419 5 1 7. "Covered health care services" means: the services of physicians, 2 optometrists, nurses, nurse practitioners, midwives and other related 3 professional personnel which are provided on an outpatient basis, 4 including routine well-child visits; diagnosis and treatment of illness 5 and injury; inpatient health care services; laboratory tests; diagnostic 6 x-rays; prescription and non-prescription drugs, ostomy supplies and 7 durable medical equipment; radiation therapy; chemotherapy; hemodialy- 8 sis; outpatient blood clotting factor products and other treatments and 9 services furnished in connection with the care of hemophilia and other 10 blood clotting protein deficiencies; emergency room services; hospice 11 services; emergency, preventive and routine dental care, including 12 medically necessary orthodontia but excluding cosmetic surgery; emergen- 13 cy, preventive and routine vision care, including eyeglasses; speech and 14 hearing services; and, inpatient and outpatient mental health, alcohol 15 and substance abuse services as defined by the commissioner in consulta- 16 tion with the superintendent. For unaccompanied minors, as such term is 17 defined by section two of the social services law, covered health care 18 services shall also include: (a) children's mental health rehabilitation 19 services including, but not limited to, those added to the Medicaid 20 state plan in January of two thousand nineteen, other licensed practi- 21 tioner services, community psychiatric support and treatment services, 22 and psychosocial rehabilitation services, assuming such children's 23 mental health rehabilitation services are provided by individuals acting 24 within their lawful scope of practice as established under the education 25 law; and (b) trauma informed care that includes the identification of 26 and appropriate reaction and treatment to adverse childhood experiences. 27 "Covered health care services" shall not include drugs, procedures and 28 supplies for the treatment of erectile dysfunction when provided to, or 29 prescribed for use by, a person who is required to register as a sex 30 offender pursuant to article six-C of the correction law, provided that 31 any denial of coverage of such drugs, procedures or supplies shall 32 provide the patient with the means of obtaining additional information 33 concerning both the denial and the means of challenging such denial. 34 § 8-a. Subdivision 7 of section 2510 of the public health law, as 35 amended by section 1 of part DDD of chapter 56 of the laws of 2022, is 36 amended to read as follows: 37 7. "Covered health care services" means: the services of physicians, 38 optometrists, nurses, nurse practitioners, midwives and other related 39 professional personnel which are provided on an outpatient basis, 40 including routine well-child visits; diagnosis and treatment of illness 41 and injury; inpatient health care services; laboratory tests; diagnostic 42 x-rays; prescription and non-prescription drugs, ostomy and other 43 medical supplies and durable medical equipment; radiation therapy; 44 chemotherapy; hemodialysis; outpatient blood clotting factor products 45 and other treatments and services furnished in connection with the care 46 of hemophilia and other blood clotting protein deficiencies; emergency 47 room services; ambulance services; hospice services; emergency, preven- 48 tive and routine dental care, including orthodontia but excluding 49 cosmetic surgery; emergency, preventive and routine vision care, includ- 50 ing eyeglasses; speech and hearing services; inpatient and outpatient 51 mental health, alcohol and substance abuse services, including children 52 and family treatment and support services, children's home and community 53 based services, assertive community treatment services and residential 54 rehabilitation for youth services which shall be reimbursed in accord- 55 ance with the ambulatory patient group (APG) rate-setting methodology as 56 utilized by the department of health, the office of addiction servicesS. 4419 6 1 and supports, or the office of mental health for rate-setting purposes 2 or any such other fees established pursuant to article forty-three of 3 the mental hygiene law; and health-related services provided by volun- 4 tary foster care agency health facilities licensed pursuant to article 5 twenty-nine-I of this chapter; as defined by the commissioner. For unac- 6 companied minors, as such term is defined by section two of the social 7 services law, covered health care services shall also include: (a) chil- 8 dren's mental health rehabilitation services including, but not limited 9 to, those added to the Medicaid state plan in January of two thousand 10 nineteen, other licensed practitioner services, community psychiatric 11 support and treatment services, and psychosocial rehabilitation 12 services, assuming such children's mental health rehabilitation services 13 are provided by individuals acting within their lawful scope of practice 14 as established under the education law; and (b) trauma informed care 15 that includes the identification of and appropriate reaction and treat- 16 ment to adverse childhood experiences. "Covered health care services" 17 shall not include drugs, procedures and supplies for the treatment of 18 erectile dysfunction when provided to, or prescribed for use by, a 19 person who is required to register as a sex offender pursuant to article 20 six-C of the correction law, provided that any denial of coverage of 21 such drugs, procedures or supplies shall provide the patient with the 22 means of obtaining additional information concerning both the denial and 23 the means of challenging such denial. 24 § 9. The executive law is amended by adding a new section 94-d to read 25 as follows: 26 § 94-d. Representation for unaccompanied minors. 1. The office for new 27 Americans, in consultation with the office of court administration and 28 indigent legal services, shall be responsible for facilitating access to 29 representation and related assistance in immigration-related matters 30 provided pursuant to section three hundred ninety-four of the social 31 services law. Any services provided shall be compensated in accordance 32 with this section. The office may enter into an agreement with a legal 33 aid society or other not-for-profit organization with appropriate exper- 34 tise and experience in immigration-related matters for the society or 35 organization to provide such representation and related services. The 36 agreement shall be in a form approved by the director of the office for 37 new Americans and shall provide a general plan for a program of services 38 to be provided by such society or organization. 39 2. All expenses for services provided under this section shall be a 40 state charge to be paid out of funds appropriated to the office for that 41 purpose. Counsel utilized hereunder shall receive compensation at an 42 hourly rate for time expended in court and for time reasonably expended 43 out of court, and shall receive payment for expenses reasonably 44 incurred. The director of the office for new Americans shall establish 45 rules and regulations regarding reasonable compensation and reimburse- 46 ment for other services provided. No counsel or other service provider 47 utilized pursuant to this section shall seek or accept any fee for 48 representing such person. 49 § 10. Severability. If any clause, sentence, paragraph, section or 50 part of this act shall be adjudged by any court of competent jurisdic- 51 tion to be invalid and after exhaustion of all further judicial review, 52 the judgment shall not affect, impair or invalidate the remainder there- 53 of, but shall be confined in its operation to the clause, sentence, 54 paragraph, section or part of this act directly involved in the contro- 55 versy in which the judgment shall have been rendered.S. 4419 7 1 § 11. This act shall take effect immediately; provided, however, 2 sections one, two, four, five, six, seven, eight, and nine of this act 3 shall take effect on the sixtieth day after it shall have become a law; 4 provided, further, section eight-a of this act shall take effect on the 5 same date and in the same manner as section 1 of part DDD of chapter 56 6 of the laws of 2022, takes effect.
