Skip to main content

Senate bill · S8204 (2025-26)

Relates to the definition of the term prospective relative guardian

New York State Senate

Same as A6941, the matching bill in the Assembly.

Latest action Jun 5, 2026

Sponsor: Jabari Brisport (State Senator, District 25, Democratic/Working Families)

Follow

Following needs an Agora account. You will sign in first, then come back to this page.

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 20, 2026. About our data

Summary

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 from NY Open Legislation. How we handle summaries

Amends the Social Services Law.

Purpose, from the sponsor's memo

This bill seeks to amend the Social Services Law and the Family Court Act to expand the definition of "prospective relative guardian" to include foster parents who develop a significant and positive relation- ship with a child after placements into foster care, removing the current requirement that the relationship predate the child's entry into care.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Out of committee and scheduled for a vote by the full chamber.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Children and Families · New York State Assembly

Also referred to Children And Families · New York State Senate.

Your position on this bill

Choose the position closest to yours. You'll sign in or create an account to save it.

Cosponsors

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

Read on NY Senate (opens in a new tab)
  • Democratic1

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

The sponsor's argument

Why Jabari Brisport says this is needed

Each year, approximately five hundred youth age out of the New York foster care system without a permanent connection to a family. The current legal framework limits kinship guardianship to adults who had an established relationship with the child before foster care placement, disregarding the strong emotional bonds that may form between a child and their foster parent after placement. Existing law already recognizes the importance of these relationships. Social Services Law 383 grants foster parents who have cared for a child continuously for twelve months the right to intervene in custody proceedings after the termination of parental rights. Similarly, in Matter of Tabitha T.S.M., Matter of Kadi W. v ACS-Kings, and Matter of Destiny 0., the courts upheld that a child's best interest may be served by remaining with a long-term foster parent rather than being returned to a non-parent relative. This bill builds on the existing legal framework to provide foster chil- dren with more permanency options by allowing foster parents and others, under appropriate circumstances, to qualify as kinship guardians without requiring a pre-existing relationship. This change would: *Increase permanency outcomes for children in foster care, particularly older youth and children with special needs, who may otherwise remain in foster care until they age out of the system. *Allow sibling groups to be placed together under KinGAP arrangements, rather than facing separation due to rigid pre-placement relationship requirements. *Provide birth parents with an additional permanency option before termination of parental rights, allowing for guardianshiptelacements that maintain connections between children and their biological family- lies. Data from the National Foster Youth Institute highlights the urgency of this reform. More than 23,000 children age out of the U.S. foster care system each year. Studies show that youth who age out without a perma- nent family face significantly increased risks of homelessness, incar- ceration, and substance abuse. In New York, the average foster care stay is 22.7 months, with 30% of children remaining in care for more than two years. Expanding kinship. Definitions would help reduce unnecessary delays in securing stable, long-term placements. This legislation aligns with the state's ongoing efforts to reduce reli- ance on Another Planned Permanent Living Arrangement (APPLA) and promote stable, permanent placements for children in care.

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.

Recorded votes

  • Vote: Committee vote · Children And Families

    Senate Children And FamiliesApr 21, 2026Result: passed

    (7) (0) (0) (0)

Full history

  1. Jun 5, 2026

    In committee

    COMMITTED TO RULES

    NY Senate

  2. Apr 28, 2026

    Amended

    AMENDED ON THIRD READING 8204A

    NY Senate

  3. Apr 27, 2026

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  4. Apr 22, 2026

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

  5. Apr 21, 2026

    1ST Report CAL.727

    1ST REPORT CAL.727

    NY Senate

Show full history (4 earlier events)
  1. Jan 7, 2026

    Referred to committee

    REFERRED TO CHILDREN AND FAMILIES

    NY Senate

  2. Jan 7, 2026

    Referred to committee

    REFERRED TO CHILDREN AND FAMILIES

    NY Assembly

  3. May 21, 2025

    Referred to committee

    REFERRED TO CHILDREN AND FAMILIES

    NY Senate

  4. Mar 18, 2025

    Referred to committee

    REFERRED TO CHILDREN AND FAMILIES

    NY Assembly

Read the record