Bill > S04260

This bill allows unaccompanied children in federal placements (such as shelters or foster care facilities for non-citizen children) to petition the family court for an order of dependency, even if the events or circumstances related to their need for care occurred outside the United States. The bill creates a new Article 10-D in the Family Court Act that defines a "dependent child" as an under-18 child in a federal placement with no parent or legal guardian in the United States capable of providing for their essential needs. The family court will have exclusive jurisdiction over these petitions and can issue orders to ensure the child's safety and well-being, while recognizing that the child remains in federal custody. The bill also ensures that such children will be appointed legal representation if independent counsel is not available. The court can make special findings about why the child cannot be reunited with their parents and can maintain jurisdiction until the child turns 18, with the possibility of extending jurisdiction to age 21 if the child consents. Importantly, the bill provides a legal mechanism for vulnerable unaccompanied children to seek formal dependency status and support through the New York family court system.

Education

https://www.nysenate.gov/legislation/bills/2025/S4260