S 8854

                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
                                   8854
                             I N  S E N A T E
                              January 9, 2026
                                ___________
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 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
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
   Section 1.  Subdivision (a) of section 661 of the family court act, as
 amended by chapter 404 of the laws  of  2008,  is  amended  to  read  as
 follows:
   (a) Guardianship of the person of a minor or infant.  1. When making a
 determination  regarding  the  guardianship  of the person of a minor or
 infant, the provisions of the  surrogate's  court  procedure  act  shall
 apply to the extent they are applicable to guardianship of the person of
 a  minor  or  infant and do not conflict with the specific provisions of
 this act. For purposes of appointment of a guardian of the person pursu-
 ant to this part, the terms infant or minor shall include a  person  who
 is  less  than  twenty-one  years old who consents to the appointment or
 continuation of a guardian after the age of eighteen.
   2. NOTWITHSTANDING PARAGRAPH ONE OF  THIS  SUBDIVISION  OR  ANY  OTHER
 PROVISION  OF LAW TO THE CONTRARY, WHEN MAKING A DETERMINATION REGARDING
 THE GUARDIANSHIP OF THE PERSON OF A MINOR OR INFANT,  THE  FAMILY  COURT
 SHALL  HAVE  JURISDICTION  WHEN  EXTRAORDINARY  CIRCUMSTANCES EXIST THAT
 PREVENT REUNIFICATION OF THE MINOR OR INFANT WITH ONE OR  BOTH  PARENTS.
 FOR  THE PURPOSES OF THIS PARAGRAPH, "EXTRAORDINARY CIRCUMSTANCES" SHALL
 INCLUDE, BUT NOT BE LIMITED TO,  THE  DEPORTATION,  REMOVAL,  OR  FORCED
 DEPARTURE  OF A PARENT FROM THE UNITED STATES, OR OTHER CIRCUMSTANCES OF
 COMPARABLE SEVERITY BEYOND THE CONTROL OF THE MINOR OR INFANT.
   (I) THE OFFICE OF COURT ADMINISTRATION SHALL REVISE ANY SPECIAL  FIND-
 INGS  ORDER  OR  FORM  USED BY THE FAMILY COURT IN PROCEEDINGS INVOLVING
 FINDINGS RELATED TO THE CARE, CUSTODY, GUARDIANSHIP, OR  BEST  INTERESTS
 OF  A MINOR OR INFANT, INCLUDING BUT NOT LIMITED TO FINDINGS MADE PURSU-
 ANT TO FEDERAL IMMIGRATION LAW, TO INCLUDE:
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14348-01-6
 S. 8854                             2
   (A) A SPECIFIC OPTION ALLOWING THE COURT TO INDICATE  THAT  REUNIFICA-
 TION WITH ONE OR BOTH PARENTS IS NOT VIABLE DUE TO EXTRAORDINARY CIRCUM-
 STANCES; AND
   (B) NON-EXHAUSTIVE EXAMPLES OF SUCH EXTRAORDINARY CIRCUMSTANCES, WHICH
 SHALL  INCLUDE,  BUT NOT BE LIMITED TO, PARENTAL DEPORTATION OR REMOVAL,
 PROLONGED INVOLUNTARY SEPARATION DUE  TO  IMMIGRATION  ENFORCEMENT,  AND
 OTHER COMPARABLE CIRCUMSTANCES AS DETERMINED BY THE COURT.
   (II) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO LIMIT THE AUTHOR-
 ITY  OF THE FAMILY COURT TO MAKE FINDINGS OF ABUSE, NEGLECT, OR ABANDON-
 MENT, NOR SHALL THIS PARAGRAPH REQUIRE A FINDING OF ABUSE,  NEGLECT,  OR
 ABANDONMENT, WHERE EXTRAORDINARY CIRCUMSTANCES ARE FOUND TO EXIST.
   § 2. This act shall take effect immediately.