Bill > A06189

This bill establishes a new process within the Family Court Act allowing unaccompanied children in federal placements to petition the court for orders of dependency, ensuring they receive proper care. A "federal placement" refers to any facility or program in New York that shelters or provides foster care to non-citizen children under a federal contract or authorization, such as from the U.S. Department of Health and Human Services Office of Refugee Resettlement. The bill defines a "dependent child" to include these children who are under eighteen, residing in a federal placement, and have no parent or legal guardian in the United States able to provide for their essential needs. The Family Court will have exclusive jurisdiction over these petitions, and proceedings can be initiated in the county where the child is placed or domiciled. The bill also clarifies that statements in the petition can be based on information and belief and can concern events outside of New York or the United States, and it ensures that an attorney will be appointed to represent these children if independent legal representation is not available. The court can issue orders to ensure the child's safety and well-being, recognizing their federal custody but not altering it without federal consent. The court will maintain jurisdiction to address motions for "special findings," which are determinations that reunification with parents is not viable due to abuse, neglect, or abandonment, and that returning the child to their country of origin is not in their best interest.

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https://www.nysenate.gov/legislation/bills/2025/A6189