BILL NUMBER: S8854 Revised 04/01/26
SPONSOR: RAMOS
 
TITLE OF BILL:
An act to amend the family court act, in relation to the jurisdiction of
the family court to determine guardianship of minors and infants when
there are extraordinary circumstances, including parental deportation
 
PURPOSE:
To expand the grounds for dependency findings in family court in deter-
mining guardianship of minors and infants when extraordinary circum-
stances prevent reunification with one or both parents, to include
parental deportation, removal, or forced departure from the United
States
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision a of section 661 of the Family Court Act to
grant family court the power to determine guardianship of a minor or
infant when extraordinary circumstances prevent reunification with a
parent.
Defines extraordinary circumstances to include parental deportation,
removal, or forced departure from the United States.
Directs OCA to revise special findings orders or forms used by the Fami-
ly Court ro reflect these extraordinary circumstances.
 
JUSTIFICATION:
Currently, family court jurisdiction over guardianship matters does not
adequately account for situations in which a child cannot reunify with a
parent due to circumstances entirely beyond the child's control. Partic-
ularly, children whose parents have been deported or forcibly removed
from the United States often face significant legal barriers to estab-
lishing stable guardianship arrangements, despite having caring rela-
tives or other suitable guardians available.
The bill addresses that gap by authorizing Family Court to exercise
jurisdiction in such cases and by providing guidance on what constitutes
extraordinary circumstances. By doing so, this legislation promotes the
best interests of children, ensures continuity of care, and allows
courts to make appropriate guardianship determinations.