Provides that no person shall be precluded from being deemed a "prospective relative guardian" based on whether such person's relationship with the child was established before or after such child's placement into foster care.
Summary
This bill amends New York’s social services law and family court act to broaden who may qualify as a “prospective relative guardian” for purposes of kinship guardianship assistance and related foster care proceedings. Under the bill, a person caring for a child as a fully certified or approved foster parent for at least six consecutive months may qualify if they are related to the child by blood, marriage, or adoption; related to a half-sibling who is also being cared for by the same guardian; or are an adult with a positive relationship to the child, such as a step-parent, godparent, neighbor, or family friend.
The bill also makes clear that a person is not excluded from this status simply because the relationship with the child was formed after the child entered foster care. However, if the relationship was established after foster placement, the person cannot be deemed a prospective relative guardian over a parent’s objection unless a court has made certain findings, such as permanent neglect, abandonment, inability to care due to mental illness or intellectual disability, or severe and repeated abuse. The bill further bars recognition of such a guardian over the objection of a child age 14 or older.
Impact
The bill would amend section 458-a of the Social Services Law and section 1028-a of the Family Court Act, expanding the statutory definition used to determine eligibility for kinship guardianship assistance payments and related family court relief. It would make it easier for nontraditional caregivers with established positive relationships to be treated as prospective relative guardians, while preserving court oversight and limiting the effect of the change where a parent or older child objects. The measure would affect foster parents, kinship caregivers, children in foster care, parents, and family court decision-making.
Sentiment
The available materials show no recorded committee debate or votes, so there is no documented public sentiment in the provided record. Based on the bill text and caption, the measure appears intended to support permanency options for children in foster care by recognizing a broader range of caregivers, suggesting a generally child- and family-supportive policy approach. Because no transcripts or vote history are provided, there is no evidence here of formal opposition or support.
Contention
The main point of contention built into the bill is the expansion of “prospective relative guardian” to include adults whose relationship to the child may have formed after foster care placement, including step-parents, godparents, neighbors, and family friends. That expansion is limited by safeguards protecting parental rights and the preferences of children age 14 or older, which suggests likely tension between promoting permanency for children and preserving the rights of parents and older youth. The bill specifically requires a court finding before overriding a parent’s objection in post-placement relationship cases, indicating that the scope of that exception is a central issue.
Same As
Provides that no person shall be precluded from being deemed a "prospective relative guardian" based on whether such person's relationship with the child was established before or after such child's placement into foster care.
Provides that no person shall be precluded from being deemed a "prospective relative guardian" based on whether such person's relationship with the child was established before or after such child's placement into foster care.
Out-of-home placement plan requirements modified to include early childhood education and child care programs, and agencies and guardians ad litem required to provide information on early childhood education and child care programs for children in foster care.
Provides that transportation shall be provided to all children attending grades kindergarten through twelve who live within a fifteen mile radius of the school they legally attend; provides that such transportation may also be provided for such students to before-and/or-after-school child care locations.
Provides that transportation shall be provided to all children attending grades kindergarten through twelve who live within a fifteen mile radius of the school they legally attend; provides that such transportation may also be provided for such students to before-and/or-after-school child care locations.