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New York · 2025-2026 General Assembly
A10098Grants the family court jurisdiction to determine guardianship of minors and infants when there are extraordinary circumstances, including deportation, removal, or forced departure of a parent from the United States; requires the office of court administration to revise certain orders or forms used by the family court to comply with such provisions; provides that the court may, but need not, find abuse, neglect, or abandonment where extraordinary circumstances are found to exist.
Expands family court jurisdiction and special findings orders to cover parental deportation or removal as 'extraordinary circumstances' that make reunification non-viable, enabling more immigration-related guardianship cases without requiring abuse/neglect findings.
when making a determination regarding the guardianship of the person of a minor or infant, the family court shall have jurisdiction when extraordinary circumstances exist that prevent reunification of the minor or infant with one or both parents. For the purposes of this paragraph, "extraordinary circumstances" shall include, but not be limited to, the deportation, removal, or forced departure of a parent from the United States
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Immigration enforcementotherAI label
=No change to immigration enforcementmodel confidence 70%
Requires revised court forms to include options for findings that reunification is not viable due to extraordinary circumstances like parental deportation, prolonged involuntary separation due to immigration enforcement, or comparable circumstances, facilitating immigration-related special findings.
The office of court administration shall revise any special findings order or form used by the family court in proceedings involving findings related to the care, custody, guardianship, or best interests of a minor or infant, including but not limited to findings made pursuant to federal immigration law, to include: (A) A specific option allowing the court to indicate that reunification with one or both parents is not viable due to extraordinary circumstances; and (B) Non-exhaustive examples of such extraordinary circumstances, which shall include, but not be limited to, parental deportation
Why the model tagged it this way: The bill addresses immigration enforcement by expanding family court jurisdiction and mandating form revisions specifically for cases involving parental deportation, removal, or immigration enforcement-related separation as extraordinary circumstances preventing reunification, without mandating abuse/neglect findings; this facilitates special findings often used in immigration proceedings but does not directly expand or restrict state/local enforcement actions like cooperation with ICE or sanctuary policies.
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