Relates to allowing unaccompanied children in custody to petition the family court

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

• Democratic5

Shown in neutral colors by design; Agora is non-partisan.

◆ The sponsor's argument

Why Jabari Brisport says this is needed

New York guarantees all children the right to education, healthcare, shelter and essential services to support them in reaching their full potential. Yet many of the most vulnerable children in the state - unac- companied immigrant children who are in placements contracted by the federal Office of Refugee Resettlement (ORR) - are unable to access the services they need, due to a gap in the New York Family Court Act. Immi- grant children and youth who are in the United States without a parent or guardian to care for them may be placed in New York State foster care placements, may reside with an adult who assumes responsibility for them, or may remain in ORR placements. Those who are in foster care or placed under the guardianship of another adult may qualify for Special Immigrant Juvenile Status (SIJS), which provides them with a pathway to stability and access to services, support, work authorization, higher education opportunities, protection from forcible removal from the United States, as well as a legal pathway for citizenship. Because chil- dren who are placed with ORR are not under the jurisdiction of the Fami- ly Court, they are not eligible to apply for SIJS, even if they can satisfy all of the other eligibility requirements. This bill will extend New York Family Court jurisdiction in a narrow way by adding new sections to New York law, to align state and federal legal protections for unaccompanied children. This will allow for certain unaccompanied children in federal placements to be eligible to apply for SIJS. Passage of this bill will bring New York in step with several states which allow unaccompanied immigrant children in ORR placements to self-petition juvenile courts for findings of dependency, including Arizona, California, Colorado, Texas and Virginia. Immigrant children and youth are a vibrant and vital part of New York's cultural fabric. The Access to Family Court Act would ensure that unac- companied children placed in New York federal placements and shelters without parents or legal guardians can have timely access to work authorization, access to higher education, and a legal pathway to citi- zenship.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.