New York S 8854: Prevents the financial exploitation of older and vulnerable adults

Bill Text

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S08854 Summary:

BILL NOS08854A

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SAME ASNo Same As

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SPONSORRAMOS

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COSPNSRGOUNARDES, HARCKHAM, MAYER, MYRIE, SCARCELLA-SPANTON

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MLTSPNSR

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Amd §661, Fam Ct Act

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Grants 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.

Go to top S08854 Actions:

BILL NOS08854A

&nbsp

01/09/2026REFERRED TO CHILDREN AND FAMILIES

05/01/2026AMEND AND RECOMMIT TO CHILDREN AND FAMILIES

05/01/2026PRINT NUMBER 8854A

Go to topS08854 Committee&nbspVotes:

Go to topS08854 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS08854 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8854--A

 IN SENATE

 January 9, 2026
 ___________

 Introduced by Sens. RAMOS, GOUNARDES, HARCKHAM, MAYER, SCARCELLA-SPANTON
 -- read twice and ordered printed, and when printed to be committed to
 the Committee on Children and Families -- committee discharged, bill
 amended, ordered reprinted as amended and recommitted to said commit-
 tee

 AN ACT to amend the family court act, in relation to the jurisdiction of
 the family court to determine guardianship of minors and infants when
 there are extraordinary circumstances, including parental deportation

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision (a) of section 661 of the family court act, as
 2 amended by chapter 404 of the laws of 2008, is amended to read as
 3 follows:
 4 (a) Guardianship of the person of a minor or infant. 1. When making a
 5 determination regarding the guardianship of the person of a minor or
 6 infant, the provisions of the surrogate's court procedure act shall
 7 apply to the extent they are applicable to guardianship of the person of
 8 a minor or infant and do not conflict with the specific provisions of
 9 this act. For purposes of appointment of a guardian of the person pursu-
 10 ant to this part, the terms infant or minor shall include a person who
 11 is less than twenty-one years old who consents to the appointment or
 12 continuation of a guardian after the age of eighteen.
 13 2. Notwithstanding paragraph one of this subdivision or any other
 14 provision of law to the contrary, when making a determination regarding
 15 the guardianship of the person of a minor or infant, the family court
 16 shall have jurisdiction when extraordinary circumstances exist that
 17 prevent reunification of the minor or infant with one or both parents.
 18 For the purposes of this paragraph, "extraordinary circumstances" shall
 19 include, but not be limited to, the deportation, removal, or forced
 20 departure of a parent from the United States, or other circumstances of
 21 comparable severity beyond the control of the minor or infant.
 22 (i) The office of court administration shall revise any special find-
 23 ings order or form used by the family court in proceedings involving
 24 findings related to the care, custody, guardianship, or best interests

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14348-02-6

 S. 8854--A 2

 1 of a minor or infant, including but not limited to findings made pursu-
 2 ant to federal immigration law, to include:
 3 (A) A specific option allowing the court to indicate that reunifica-
 4 tion with one or both parents is not viable due to extraordinary circum-
 5 stances; and
 6 (B) Non-exhaustive examples of such extraordinary circumstances, which
 7 shall include, but not be limited to, parental deportation or removal,
 8 prolonged involuntary separation due to immigration enforcement, and
 9 other comparable circumstances as determined by the court.
 10 (ii) Nothing in this paragraph shall be construed to limit the author-
 11 ity of the family court to make findings of abuse, neglect, or abandon-
 12 ment, nor shall