What's happening
The bill adds immigration detention and removal proceedings as factors to consider before terminating parental rights when a child is in foster care.
Why it matters
Acknowledges the impact of immigration status. By listing immigration detention and removal proceedings alongside incarceration and substance abuse treatment, the bill recognizes that parents can be separated from children not because of neglect or unfitness, but due to immigration enforcement actions.
Reduces risk of permanent family separation. The change helps prevent the automatic or premature termination of parental rights for parents caught up in the immigration system, so long as they maintain a meaningful relationship with their child.
Shifts focus to parental involvement, not just physical presence. The law would require agencies and courts to consider whether a parent keeps a meaningful role in their child's life, even if detained or facing removal, rather than simply using the length of foster care as a trigger for termination.
Promotes equity in child welfare decisions. The amendment aims to ensure that immigrant families are not unjustly penalized in the foster care system due to circumstances beyond their control, supporting more consistent and fair outcomes for all families.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Protect Parents in Detention
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Signed chap.125
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.227
- Substituted for A2106A
- Referred to children and families
- Delivered to assembly
- Passed senateVote 56–5
- Advanced to third reading
- 2nd report cal.
- 1st report cal.629
Show 3 earlier actions
- Print number 5024a
- Amend and recommit to children and families
- 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.
Protect Families Facing Detention
Assembly Floor Calendar · Sponsor Ron Kim
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5024--A
2019-2020 Regular Sessions
IN SENATE
April 3, 2019
Introduced by Sens. PARKER, BAILEY, MONTGOMERY, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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, in immigration detention or immigration removal proceedings, or participating in a residential substance abuse treatment program, or the prior incarceration, immigration detention or immigration removal proceedings, 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.
LBD03634-06-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 problems encountered when federal immi- gration 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 384-b of the Social Service law.
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 communities. 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 alterna- tive for child to be placed with relatives. Upon entering the detention system, parents frequently have tremendous difficulty navigating the system in order to visit their children, participate 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 are 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.
Likewise, 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 prematurely and permanently separate the parent and child, resulting in trauma 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
2017-18: S.2201 - REFERRED TO CHILDREN AND FAMILIES 2015-16: S.2516/A2432 - Referred to Children and Families 2013-14: S.4185B/A6377B - Referred to Children and Families
Fiscal implications
Minimal
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.