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New York · 2025-2026 General Assembly
S08854Grants 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 to grant guardianship based on parental deportation or immigration enforcement as an extraordinary circumstance, and requires court forms to include options for findings that reunification is not viable due to such circumstances, allowing more state court actions in
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
Why the model tagged it this way: The bill addresses immigration-enforcement by expanding family court powers to handle guardianship cases triggered by parental deportation/removal (an immigration enforcement outcome), requiring forms for immigration-related findings, and providing a pathway for modification upon return; this facilitates state intervention in response to federal enforcement but does not change enforcement itself, fitting the sanctuary-policies subtag as it limits practical effects of enforcement on family unity via court findings without requiring abuse/neglect.
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