What's happening
This bill expands protections for parents in immigration removal proceedings to help prevent termination of parental rights solely due to detention or deportation.
Why it matters
Addresses a critical gap. by explicitly including parents in immigration removal proceedings (such as detention or deportation) alongside those who are incarcerated or in substance abuse treatment, ensuring these situations are not automatic grounds for terminating parental rights.
Protects family unity. by requiring that, even if a parent is detained or deported, their parental rights cannot be terminated solely due to their absence, as long as they continue to play a meaningful role in their child’s life.
Limits foster care-related terminations. by mandating that agencies must show other valid reasons (beyond immigration proceedings or detention) before seeking to terminate parental rights, shifting the focus to the parent’s ongoing relationship with their child.
Responds to broader social and legal concerns. about the impact of immigration enforcement on families, aiming to prevent children from becoming permanently separated from their parents due to immigration status alone.
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Who cares
Parents facing immigration removal proceedings
The bill would extend an exception to filing for termination of parental rights to parents involved in detention or deportation who maintain a meaningful role in their child's life, subject to agency review.
Children in foster care
The bill could help preserve parental ties when a parent's current or prior immigration removal proceedings are a significant factor in the child's extended foster care stay.
Child welfare agencies
Agencies would need to consider immigration removal proceedings under the filing exception when a child has spent fifteen of the last twenty-two months in foster care, unless they document another reason to file.
Headline styles
Keep Families Together in Foster Care
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 40
10 Co-sponsors
3 Multi-sponsors
History
- Referred to children and families
- Delivered to senate
- Passed assembly
- Ordered to third reading cal.31
- Returned to assembly
- Died in senate
- Referred to children and families
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.167
- Reported
- Referred to children and families
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Support Reuniting Separated Families
In Senate Committee · Children And Families · Sponsor Kevin S. Parker
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
339
2017-2018 Regular Sessions
IN ASSEMBLY
January 5, 2017
Introduced by M. of A. KIM, MOSLEY, JAFFEE, SEPULVEDA, CRESPO, MOYA, STECK, FAHY, FRIEND, ROZIC -- Multi-Sponsored by -- M. of A. ABBATE, COOK, PERRY -- read once and referred to the Committee on Children and Families
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 Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "New York State Reuniting Families Act."
§ 2. Clause (D) of subparagraph (i) of paragraph (l) of subdivision 3 of section 384-b of the social services law, as amended by chapter 113 of the laws of 2010, is amended to read as follows:
(D) the parent or parents are incarcerated, involved in immigration removal proceedings, including detention or deportation, or participating in a residential substance abuse treatment program, or the prior incarceration, involvement in immigration removal proceedings, including detention or deportation, or participation of a parent or parents in a residential substance abuse treatment program is a significant factor in why the child has been in foster care for fifteen of the last twenty-two months, provided that the parent maintains a meaningful role in the child's life based on the criteria set forth in subparagraph (v) of this paragraph and the agency has not documented a reason why it would otherwise be appropriate to file a petition pursuant to this section.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05196-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.