Bill > A06941

This bill modifies the definition of a "prospective relative guardian" in New York state law to expand who can be considered for kinship guardianship assistance payments. The bill clarifies that a person's relationship with a child can be established either before or after the child's placement in foster care, removing previous restrictions. A prospective relative guardian can now include blood relatives, people related to half-siblings, or adults with a positive relationship with the child, such as step-parents, godparents, neighbors, or family friends. However, the bill includes important limitations: if the relationship was established after foster care placement, the person cannot be deemed a guardian over a parent's objection unless a court has found the parent has permanently neglected, abandoned, or is unable to care for the child due to mental illness or repeated abuse. Additionally, a person cannot be deemed a guardian if a child aged 14 or older objects. These changes aim to provide more flexibility in identifying potential guardians for children in the foster care system while still protecting the rights of parents and older children.

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https://www.nysenate.gov/legislation/bills/2025/A6941