S8854 • 2025

Grants the family court jurisdiction to determine guardianship of minors and infants when there are extraordinary circumstances, including parental deportation

Children

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Jessica Ramos
Last action: 2026-05-01
Official status: In Senate Committee
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Grants the family court jurisdiction to determine guardianship of minors and infants when there are extraordinary circumstances, including parental deportation

Grants the family court jurisdiction to determine guardianship of minors and infants when there are extraordinary circumstances, including parental deportation Grants the family court jurisdiction to determine guardianship of minors and infants when there are extraordinary circumstances, including deportation, removal, or forced departure of a parent from the United States; requires the office of court administration to revise certain orders or forms used by the family court to comply with such provisions; provides that the court may, but need not, find abuse, neglect, or abandonment where extraordinary circumstances are found to exist.

What This Bill Does

Grants the family court jurisdiction to determine guardianship of minors and infants when there are extraordinary circumstances, including parental deportation Grants the family court jurisdiction to determine guardianship of minors and infants when there are extraordinary circumstances, including deportation, removal, or forced departure of a parent from the United States; requires the office of court administration to revise certain orders or forms used by the family court to comply with such provisions; provides that the court may, but need not, find abuse, neglect, or abandonment where extraordinary circumstances are found to exist.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

2026-05-01 Senate
AMEND AND RECOMMIT TO CHILDREN AND FAMILIES
2026-05-01 Senate
PRINT NUMBER 8854A
2026-01-09 Senate
REFERRED TO CHILDREN AND FAMILIES

Official Summary Text

Grants the family court jurisdiction to determine guardianship of minors and infants when there are extraordinary circumstances, including parental deportation
Grants the family court jurisdiction to determine guardianship of minors and infants when there are extraordinary circumstances, including deportation, removal, or forced departure of a parent from the United States; requires the office of court administration to revise certain orders or forms used by the family court to comply with such provisions; provides that the court may, but need not, find abuse, neglect, or abandonment where extraordinary circumstances are found to exist.

Current Bill Text

Read the full stored bill text

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:

     1    Section 1.  Subdivision (a) of section 661 of the family court act, as
     2  amended by chapter 404 of the laws  of  2008,  is  amended  to  read  as
     3  follows:
     4    (a) Guardianship of the person of a minor or infant.  1. When making a
     5  determination  regarding  the  guardianship  of the person of a minor or
     6  infant, the provisions of the  surrogate's  court  procedure  act  shall
     7  apply to the extent they are applicable to guardianship of the person of
     8  a  minor  or  infant and do not conflict with the specific provisions of
     9  this act. For purposes of appointment of a guardian of the person pursu-
    10  ant to this part, the terms infant or minor shall include a  person  who
    11  is  less  than  twenty-one  years old who consents to the appointment or
    12  continuation of a guardian after the age of eighteen.
    13    2. NOTWITHSTANDING PARAGRAPH ONE OF  THIS  SUBDIVISION  OR  ANY  OTHER
    14  PROVISION  OF LAW TO THE CONTRARY, WHEN MAKING A DETERMINATION REGARDING
    15  THE GUARDIANSHIP OF THE PERSON OF A MINOR OR INFANT,  THE  FAMILY  COURT
    16  SHALL  HAVE  JURISDICTION  WHEN  EXTRAORDINARY  CIRCUMSTANCES EXIST THAT
    17  PREVENT REUNIFICATION OF THE MINOR OR INFANT WITH ONE OR  BOTH  PARENTS.
    18  FOR  THE PURPOSES OF THIS PARAGRAPH, "EXTRAORDINARY CIRCUMSTANCES" SHALL
    19  INCLUDE, BUT NOT BE LIMITED TO,  THE  DEPORTATION,  REMOVAL,  OR  FORCED
    20  DEPARTURE  OF A PARENT FROM THE UNITED STATES, OR OTHER CIRCUMSTANCES OF
    21  COMPARABLE SEVERITY BEYOND THE CONTROL OF THE MINOR OR INFANT.
    22    (I) THE OFFICE OF COURT ADMINISTRATION SHALL REVISE ANY SPECIAL  FIND-
    23  INGS  ORDER  OR  FORM  USED BY THE FAMILY COURT IN PROCEEDINGS INVOLVING
    24  FINDINGS RELATED TO THE CARE, CUSTODY, GUARDIANSHIP, OR  BEST  INTERESTS
    25  OF  A MINOR OR INFANT, INCLUDING BUT NOT LIMITED TO FINDINGS MADE PURSU-
    26  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

     1    (A) A SPECIFIC OPTION ALLOWING THE COURT TO INDICATE  THAT  REUNIFICA-
     2  TION WITH ONE OR BOTH PARENTS IS NOT VIABLE DUE TO EXTRAORDINARY CIRCUM-
     3  STANCES; AND
     4    (B) NON-EXHAUSTIVE EXAMPLES OF SUCH EXTRAORDINARY CIRCUMSTANCES, WHICH
     5  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, PARENTAL DEPORTATION OR REMOVAL,
     6  PROLONGED INVOLUNTARY SEPARATION DUE  TO  IMMIGRATION  ENFORCEMENT,  AND
     7  OTHER COMPARABLE CIRCUMSTANCES AS DETERMINED BY THE COURT.
     8    (II) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO LIMIT THE AUTHOR-
     9  ITY  OF THE FAMILY COURT TO MAKE FINDINGS OF ABUSE, NEGLECT, OR ABANDON-
    10  MENT, NOR SHALL THIS PARAGRAPH REQUIRE A FINDING OF ABUSE,  NEGLECT,  OR
    11  ABANDONMENT, WHERE EXTRAORDINARY CIRCUMSTANCES ARE FOUND TO EXIST.
    12    § 2. This act shall take effect immediately.