Bill Text: NY A02583 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides for supports and services for unaccompanied minors with no lawful immigration status including legal representation.

Spectrum: Partisan Bill (Democrat 38-0)

Status: (Introduced - Dead) 2022-05-06 - print number 2583a [A02583 Detail]

Download: New_York-2021-A02583-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2583

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 19, 2021
                                       ___________

        Introduced  by  M. of A. HEVESI, EPSTEIN, AUBRY, REYES, ROZIC, WILLIAMS,
          CRUZ, RAMOS, J. RIVERA, WALKER, NIOU, WEPRIN, SIMON, DE LA ROSA, PRET-
          LOW, COLTON, GOTTFRIED, FRONTUS, DICKENS, BARRON,  JEAN-PIERRE,  FAHY,
          SAYEGH, L. ROSENTHAL, FERNANDEZ, GLICK, PICHARDO, PAULIN, RODRIGUEZ --
          read once and referred to the Committee on Social Services

        AN  ACT  to  amend  the  social services law, the executive law, and the
          public health law, in relation to providing for supports and  services
          for unaccompanied minors with no lawful immigration status

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

     1    Section 1. Section 2 of the social services law is amended by adding a
     2  new subdivision 39 to read as follows:
     3    39. "Unaccompanied minor" shall mean a child who, prior to release  to
     4  a New York resident sponsor, was in the custody of the federal office of
     5  refugee resettlement and:
     6    (a) has no lawful immigration status in the United States;
     7    (b)  had  not attained eighteen years of age prior to being taken into
     8  federal custody; and
     9    (c) was not accompanied by a parent or legal guardian  upon  entry  to
    10  the  United  States or was accompanied by a parent or legal guardian but
    11  subsequently separated from that parent or legal guardian upon entry  to
    12  the United States.
    13    §  2.  Article 5 of the social services law is amended by adding a new
    14  title 12-A to read as follows:
    15                                  TITLE 12-A
    16               SUPPORTS AND SERVICES FOR UNACCOMPANIED MINORS
    17  Section 370-c. Supports and services for unaccompanied minors.
    18          370-d. Informational materials.
    19    § 370-c. Supports and services for unaccompanied minors. 1.   Unaccom-
    20  panied  minors,  as  defined under section two of this chapter, shall be
    21  eligible for a range of appropriate services and supports,  which  shall

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01531-01-1
        A. 2583                             2

     1  be beneficial to the health, safety, and well-being of such minors. Such
     2  services  shall  include,  but not be limited to:  health and behavioral
     3  health services covered  under  paragraph  (k)  of  subdivision  two  of
     4  section  twenty-five hundred eleven of the public health law; individual
     5  counseling sessions with social workers; legal services  provided  under
     6  section  three  hundred ninety-four of this chapter, which shall include
     7  culturally and linguistically appropriate services  provided  by  attor-
     8  neys,  interpreters, and other support staff for representation in state
     9  court proceedings, federal  immigration  proceedings,  and  any  appeals
    10  arising from such proceedings; language services; employment assistance;
    11  bilingual  support  groups;  and  assistance with educational rights and
    12  enrollment in public schools. Such support and  services  shall  not  be
    13  deemed  public benefits that would affect an unaccompanied minor's immi-
    14  gration status under 8 USC 1182, as amended, and any regulations promul-
    15  gated thereunder.
    16    2. Such services and supports shall be identified  by  an  immigration
    17  services liaison under section ninety-four-b of the executive law, which
    18  shall,  to the extent practicable, connect each unaccompanied minor with
    19  resources in order to access such supports and  services  identified  in
    20  subdivision  one of this section. The immigration services liaison shall
    21  connect with unaccompanied minors prior to release to a  sponsor  deter-
    22  mined  to  be appropriate by the federal office of refugee resettlement,
    23  to the extent practicable, but no later than upon referral  pursuant  to
    24  section  three  hundred  seventy-four-g or three hundred ninety-three of
    25  this chapter.
    26    3. Any individual or program providing such services and  supports  or
    27  otherwise  providing  assistance to the unaccompanied minor shall ensure
    28  they receive trauma informed training as well  as  training  on  how  to
    29  identify  and  appropriately  react to unaccompanied minors who may have
    30  experienced adverse childhood experiences. In  addition,  any  services,
    31  supports  or  assistance  shall  be  provided  in a culturally competent
    32  manner.
    33    § 370-d. Informational materials. 1. The office of children and family
    34  services, in consultation with the  office  of  mental  health  and  the
    35  office  for  new  Americans,  shall  develop informational materials for
    36  authorized agencies, as defined in paragraph (a) of subdivision  ten  of
    37  section  three hundred seventy-one of this chapter and out of state care
    38  providers. Such informational materials shall include  contact  informa-
    39  tion for immigration services liaisons, as well as a general description
    40  of  the  benefits unaccompanied minors as defined in section two of this
    41  chapter are eligible for, pursuant to subdivision one of  section  three
    42  hundred seventy-c of this title.
    43    2.  The informational materials shall be made available in English and
    44  the six most common non-English languages  spoken  by  individuals  with
    45  limited-English  proficiency  in  the state of New York, based on United
    46  States census data, and shall be published on the office of children and
    47  family services, the office of mental health  and  the  office  for  new
    48  Americans' websites.
    49    § 3. The social services law is amended by adding a new section 394 to
    50  read as follows:
    51    §  394. Legal representation of unaccompanied minors. 1. An unaccompa-
    52  nied minor, as defined in section two of this chapter, or minor  in  the
    53  custody  of the federal office of refugee resettlement while in the care
    54  of an authorized agency, as defined in paragraph (a) of subdivision  ten
    55  of  section three hundred seventy-one of this article, who is present in
    56  this state and against whom an immigration proceeding may be or has been
        A. 2583                             3

     1  commenced shall be entitled to representation  by  counsel  through  the
     2  completion of such proceeding, including appeals and/or obtaining status
     3  and  other  related assistance, pursuant to section ninety-four-d of the
     4  executive law, including interpretation or translation services pursuant
     5  to subdivision five of this section.
     6    2.  Representation  and related assistance provided in accordance with
     7  this section shall be a state charge, pursuant to section  ninety-four-d
     8  of the executive law.
     9    3.  (a)  Upon  receipt from a federal immigration authority of a civil
    10  immigration detainer, or a request for  transfer,  notification,  inter-
    11  view,  interrogation  or  other  request, an authorized agency, or agent
    12  thereof, shall provide to the child, who is the subject of such detainer
    13  or request, such child's sponsor, if sponsored, and such  child's  coun-
    14  sel, if represented:
    15    (i) notification of such detainer or request;
    16    (ii) a copy of such detainer or request;
    17    (iii)  notice regarding such child's right to counsel pursuant to this
    18  section if such child is without counsel at the time of such detainer or
    19  request; and
    20    (iv) information as to whether or not such agency  intends  to  comply
    21  with such detainer or request.
    22    (b)  If  such child is under the age of five at the time such detainer
    23  or request is received, such information required pursuant to  paragraph
    24  (a)  of this subdivision shall only be provided to such child's sponsor,
    25  if sponsored, and such child's counsel, if represented.
    26    4. Notwithstanding the provisions of subdivision one of this  section,
    27  a  child  in  the  care of an authorized agency may request to be inter-
    28  viewed by a federal law enforcement agency or an agent thereof only with
    29  written authorization by such child's counsel,  provided  that  if  such
    30  child  is  not  represented  and is entitled to counsel pursuant to this
    31  section, he or she shall be  notified  of  such  right  and  provided  a
    32  reasonable opportunity to obtain such counsel before any such interview.
    33    5.  In addition to any other right to the assistance of interpretation
    34  or translation services, any foreign-born child, or child not proficient
    35  in the English language, to  whom  inquiry  is  made  pursuant  to  this
    36  section  shall  be entitled to the assistance of a neutral and qualified
    37  interpreter or translator, as the case may  be,  with  respect  to  such
    38  inquiry, provided at no cost or expense to such child.
    39    6.  This  section shall supersede conflicting local laws, rules, poli-
    40  cies, procedures and practices, except to the extent that the provisions
    41  of any such local law, rule, policy or any such  procedure  or  practice
    42  may  provide  any additional or greater right or protection.  Nothing in
    43  this section shall prohibit any authorized agency from cooperating  with
    44  a  federal  immigration authority to the extent required by federal law.
    45  Nothing in this section shall be interpreted or applied so as to  create
    46  any power, duty or obligation in conflict with federal law.
    47    §  4.  Paragraphs  (m) and (n) of subdivision 5 of section 94-b of the
    48  executive law, as added by chapter 206 of the laws of 2014, are  amended
    49  and a new paragraph (o) is added to read as follows:
    50    (m)  Encourage  and  assist  local  governments  in the development of
    51  activities to enhance civic engagement among immigrants and in immigrant
    52  communities; [and]
    53    (n) Beginning in two thousand fifteen, by June fifteenth of each year,
    54  produce a report to the governor, the speaker of the assembly,  and  the
    55  temporary  president  of  the  senate  describing  the activities of the
    56  office, including but not limited to, summarizing calls received through
        A. 2583                             4

     1  the hotline and website, information on ESOL training services  provided
     2  by the office, the number of immigrants assisted through the opportunity
     3  centers,  or an estimation thereof, the status of any workforce develop-
     4  ment programs, and any other relevant information[.]; and
     5    (o)  Establish an immigration services liaison to assist unaccompanied
     6  minors as defined in section two of the social services law, in order to
     7  access appropriate supports and services for such minors. The office may
     8  work in conjunction with the office of temporary and disability  assist-
     9  ance,  the  office  of  children  and  family services and the office of
    10  mental health in order to effectuate their duties under this provision.
    11    § 5. The social services law is amended by adding a new section  374-g
    12  to read as follows:
    13    §  374-g.  Unaccompanied  minors  released by authorized agencies.  1.
    14  Every authorized agency as defined in paragraph (a) of  subdivision  ten
    15  of  section  three  hundred  seventy-one of this title, that releases an
    16  unaccompanied minor, as defined in section two of this chapter,  in  New
    17  York  to  a sponsor that is a New York resident, and deemed to be appro-
    18  priate by the federal office of refugee resettlement, shall provide  the
    19  unaccompanied  minor  and  their  sponsor  with: (a) direct referrals to
    20  immigration services liaisons under section ninety-four-b of the  execu-
    21  tive  law;  (b) informational materials developed by the office of chil-
    22  dren and family services,  informing  them  of  available  supports  and
    23  services  the  unaccompanied minor is eligible for upon release into New
    24  York as defined in section three hundred seventy-c of this chapter;  and
    25  (c)  notification  of  such minor's right to counsel under section three
    26  hundred ninety-four of this title.
    27    2. Such informational materials shall be provided to both the unaccom-
    28  panied minor and the sponsor, unless such unaccompanied minor  is  under
    29  the  age  of  five,  in  which  case such informational materials may be
    30  provided solely to the sponsor.
    31    § 6. The social services law is amended by adding a new section 393 to
    32  read as follows:
    33    § 393. Unaccompanied minors released by out of state  care  providers.
    34  1.  Every  out  of  state  care  provider that releases an unaccompanied
    35  minor, as defined in section two of this chapter, in New York to a spon-
    36  sor that is a New York resident, and deemed to  be  appropriate  by  the
    37  federal  office of refugee resettlement, shall provide the unaccompanied
    38  minor and their sponsor with: (a) direct  referrals  to  an  immigration
    39  services  liaison  under section ninety-four-b of the executive law; (b)
    40  informational materials developed by the office of children  and  family
    41  services, informing them of available supports and services the unaccom-
    42  panied  minor  is  eligible for upon release into New York as defined in
    43  section three hundred seventy-c of this chapter; and (c) notification of
    44  such minor's right to counsel under section three hundred ninety-four of
    45  this title.
    46    2. Such informational materials shall be provided to both the unaccom-
    47  panied minor and the sponsor, unless such unaccompanied minor  is  under
    48  the  age  of  five,  in  which  case such informational materials may be
    49  provided solely to the sponsor.
    50    § 7. Subdivision 2 of section 2511 of the public health law is amended
    51  by adding a new paragraph (k) to read as follows:
    52    (k) Where an applicant for a subsidy payment pursuant  to  subdivision
    53  three  of  this  section is an unaccompanied minor as defined in section
    54  two of the social services law, such unaccompanied minor shall be eligi-
    55  ble for such subsidy.
        A. 2583                             5

     1    § 8. Subdivision 7 of section  2510  of  the  public  health  law,  as
     2  amended  by  chapter  428  of  the  laws  of 2013, is amended to read as
     3  follows:
     4    7.  "Covered  health care services" means: the services of physicians,
     5  optometrists, nurses, nurse practitioners, midwives  and  other  related
     6  professional  personnel  which  are  provided  on  an  outpatient basis,
     7  including routine well-child visits; diagnosis and treatment of  illness
     8  and injury; inpatient health care services; laboratory tests; diagnostic
     9  x-rays;  prescription  and  non-prescription  drugs  and durable medical
    10  equipment; radiation  therapy;  chemotherapy;  hemodialysis;  outpatient
    11  blood  clotting  factor  products  and  other  treatments  and  services
    12  furnished in connection with the care  of  hemophilia  and  other  blood
    13  clotting   protein   deficiencies;   emergency  room  services;  hospice
    14  services; emergency,  preventive  and  routine  dental  care,  including
    15  medically necessary orthodontia but excluding cosmetic surgery; emergen-
    16  cy, preventive and routine vision care, including eyeglasses; speech and
    17  hearing  services;  and, inpatient and outpatient mental health, alcohol
    18  and substance abuse services as defined by the commissioner in consulta-
    19  tion with the superintendent.  For unaccompanied minors, as such term is
    20  defined by section two of the social services law, covered  health  care
    21  services shall also include: (a) children's mental health rehabilitation
    22  services  including,  but  not  limited  to, those added to the Medicaid
    23  state plan in January of two thousand nineteen, other  licensed  practi-
    24  tioner  services,  community psychiatric support and treatment services,
    25  and  psychosocial  rehabilitation  services,  assuming  such  children's
    26  mental health rehabilitation services are provided by individuals acting
    27  within their lawful scope of practice as established under the education
    28  law;  and  (b)  trauma informed care that includes the identification of
    29  and appropriate reaction and treatment to adverse childhood experiences.
    30  "Covered health care services" shall not include drugs,  procedures  and
    31  supplies  for the treatment of erectile dysfunction when provided to, or
    32  prescribed for use by, a person who is required to  register  as  a  sex
    33  offender  pursuant to article six-C of the correction law, provided that
    34  any denial of coverage of  such  drugs,  procedures  or  supplies  shall
    35  provide  the  patient with the means of obtaining additional information
    36  concerning both the denial and the means of challenging such denial.
    37    § 9. The executive law is amended by adding a new section 94-d to read
    38  as follows:
    39    § 94-d. Representation for unaccompanied minors. 1. The office for new
    40  Americans, in consultation with the office of court  administration  and
    41  indigent legal services, shall be responsible for facilitating access to
    42  representation  and  related  assistance  in immigration-related matters
    43  provided pursuant to section three hundred  ninety-four  of  the  social
    44  services  law.  Any services provided shall be compensated in accordance
    45  with this section. The office may enter into an agreement with  a  legal
    46  aid society or other not-for-profit organization with appropriate exper-
    47  tise  and  experience  in immigration-related matters for the society or
    48  organization to provide such representation and  related  services.  The
    49  agreement  shall be in a form approved by the director of the office for
    50  new Americans and shall provide a general plan for a program of services
    51  to be provided by such society or organization.
    52    2. All expenses for services provided under this section  shall  be  a
    53  state charge to be paid out of funds appropriated to the office for that
    54  purpose.  Counsel  utilized  hereunder  shall receive compensation at an
    55  hourly rate for time expended in court and for time reasonably  expended
    56  out  of  court,  and  shall  receive  payment  for  expenses  reasonably
        A. 2583                             6

     1  incurred. The director of the office for new Americans  shall  establish
     2  rules  and  regulations regarding reasonable compensation and reimburse-
     3  ment for other services provided. No counsel or other  service  provider
     4  utilized  pursuant  to  this  section  shall  seek or accept any fee for
     5  representing such person.
     6    § 10. Severability. If any clause,  sentence,  paragraph,  section  or
     7  part  of  this act shall be adjudged by any court of competent jurisdic-
     8  tion to be invalid and after exhaustion of all further judicial  review,
     9  the judgment shall not affect, impair or invalidate the remainder there-
    10  of,  but  shall  be  confined  in its operation to the clause, sentence,
    11  paragraph, section or part of this act directly involved in the  contro-
    12  versy in which the judgment shall have been rendered.
    13    §  11.  This  act  shall  take  effect immediately; provided, however,
    14  sections one, two, four, five, six, seven, eight, and nine of  this  act
    15  shall take effect on the sixtieth day after it shall have become a law.