BILL NUMBER: S8854
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 clarify and expand the jurisdiction of family court to determine
guardianship of minors and infants when extraordinary circumstances
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 is limit-
ed and does not adequately account for situations in which a child
cannot reunify with a parent due to circumstances entirely beyond the
child's control. Particularly, children whose parents have been deported
or forcibly removed from the United States often face significant legal
barriers to establishing stable guardianship arrangements, despite
having caring relatives 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.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPACT:
TBD
 
EFFECTIVE DATE:
Immediately