Bill Text: NY S00803 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides for supports and services for unaccompanied minors with no lawful immigration status including legal representation.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CHILDREN AND FAMILIES [S00803 Detail]
Download: New_York-2021-S00803-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 803 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sens. BIAGGI, BENJAMIN, HOYLMAN, RIVERA -- read twice and ordered printed, and when printed to be committed 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 22 be beneficial to the health, safety, and well-being of such minors. Such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01531-01-1S. 803 2 1 services shall include, but not be limited to: health and behavioral 2 health services covered under paragraph (k) of subdivision two of 3 section twenty-five hundred eleven of the public health law; individual 4 counseling sessions with social workers; legal services provided under 5 section three hundred ninety-four of this chapter, which shall include 6 culturally and linguistically appropriate services provided by attor- 7 neys, interpreters, and other support staff for representation in state 8 court proceedings, federal immigration proceedings, and any appeals 9 arising from such proceedings; language services; employment assistance; 10 bilingual support groups; and assistance with educational rights and 11 enrollment in public schools. Such support and services shall not be 12 deemed public benefits that would affect an unaccompanied minor's immi- 13 gration status under 8 USC 1182, as amended, and any regulations promul- 14 gated thereunder. 15 2. Such services and supports shall be identified by an immigration 16 services liaison under section ninety-four-b of the executive law, which 17 shall, to the extent practicable, connect each unaccompanied minor with 18 resources in order to access such supports and services identified in 19 subdivision one of this section. The immigration services liaison shall 20 connect with unaccompanied minors prior to release to a sponsor deter- 21 mined to be appropriate by the federal office of refugee resettlement, 22 to the extent practicable, but no later than upon referral pursuant to 23 section three hundred seventy-four-g or three hundred ninety-three of 24 this chapter. 25 3. Any individual or program providing such services and supports or 26 otherwise providing assistance to the unaccompanied minor shall ensure 27 they receive trauma informed training as well as training on how to 28 identify and appropriately react to unaccompanied minors who may have 29 experienced adverse childhood experiences. In addition, any services, 30 supports or assistance shall be provided in a culturally competent 31 manner. 32 § 370-d. Informational materials. 1. The office of children and family 33 services, in consultation with the office of mental health and the 34 office for new Americans, shall develop informational materials for 35 authorized agencies, as defined in paragraph (a) of subdivision ten of 36 section three hundred seventy-one of this chapter and out of state care 37 providers. Such informational materials shall include contact informa- 38 tion for immigration services liaisons, as well as a general description 39 of the benefits unaccompanied minors as defined in section two of this 40 chapter are eligible for, pursuant to subdivision one of section three 41 hundred seventy-c of this title. 42 2. The informational materials shall be made available in English and 43 the six most common non-English languages spoken by individuals with 44 limited-English proficiency in the state of New York, based on United 45 States census data, and shall be published on the office of children and 46 family services, the office of mental health and the office for new 47 Americans' websites. 48 § 3. The social services law is amended by adding a new section 394 to 49 read as follows: 50 § 394. Legal representation of unaccompanied minors. 1. An unaccompa- 51 nied minor, as defined in section two of this chapter, or minor in the 52 custody of the federal office of refugee resettlement while in the care 53 of an authorized agency, as defined in paragraph (a) of subdivision ten 54 of section three hundred seventy-one of this article, who is present in 55 this state and against whom an immigration proceeding may be or has been 56 commenced shall be entitled to representation by counsel through theS. 803 3 1 completion of such proceeding, including appeals and/or obtaining status 2 and other related assistance, pursuant to section ninety-four-d of the 3 executive law, including interpretation or translation services pursuant 4 to subdivision five of this section. 5 2. Representation and related assistance provided in accordance with 6 this section shall be a state charge, pursuant to section ninety-four-d 7 of the executive law. 8 3. (a) Upon receipt from a federal immigration authority of a civil 9 immigration detainer, or a request for transfer, notification, inter- 10 view, interrogation or other request, an authorized agency, or agent 11 thereof, shall provide to the child, who is the subject of such detainer 12 or request, such child's sponsor, if sponsored, and such child's coun- 13 sel, if represented: 14 (i) notification of such detainer or request; 15 (ii) a copy of such detainer or request; 16 (iii) notice regarding such child's right to counsel pursuant to this 17 section if such child is without counsel at the time of such detainer or 18 request; and 19 (iv) information as to whether or not such agency intends to comply 20 with such detainer or request. 21 (b) If such child is under the age of five at the time such detainer 22 or request is received, such information required pursuant to paragraph 23 (a) of this subdivision shall only be provided to such child's sponsor, 24 if sponsored, and such child's counsel, if represented. 25 4. Notwithstanding the provisions of subdivision one of this section, 26 a child in the care of an authorized agency may request to be inter- 27 viewed by a federal law enforcement agency or an agent thereof only with 28 written authorization by such child's counsel, provided that if such 29 child is not represented and is entitled to counsel pursuant to this 30 section, he or she shall be notified of such right and provided a 31 reasonable opportunity to obtain such counsel before any such interview. 32 5. In addition to any other right to the assistance of interpretation 33 or translation services, any foreign-born child, or child not proficient 34 in the English language, to whom inquiry is made pursuant to this 35 section shall be entitled to the assistance of a neutral and qualified 36 interpreter or translator, as the case may be, with respect to such 37 inquiry, provided at no cost or expense to such child. 38 6. This section shall supersede conflicting local laws, rules, poli- 39 cies, procedures and practices, except to the extent that the provisions 40 of any such local law, rule, policy or any such procedure or practice 41 may provide any additional or greater right or protection. Nothing in 42 this section shall prohibit any authorized agency from cooperating with 43 a federal immigration authority to the extent required by federal law. 44 Nothing in this section shall be interpreted or applied so as to create 45 any power, duty or obligation in conflict with federal law. 46 § 4. Paragraphs (m) and (n) of subdivision 5 of section 94-b of the 47 executive law, as added by chapter 206 of the laws of 2014, are amended 48 and a new paragraph (o) is added to read as follows: 49 (m) Encourage and assist local governments in the development of 50 activities to enhance civic engagement among immigrants and in immigrant 51 communities; [and] 52 (n) Beginning in two thousand fifteen, by June fifteenth of each year, 53 produce a report to the governor, the speaker of the assembly, and the 54 temporary president of the senate describing the activities of the 55 office, including but not limited to, summarizing calls received through 56 the hotline and website, information on ESOL training services providedS. 803 4 1 by the office, the number of immigrants assisted through the opportunity 2 centers, or an estimation thereof, the status of any workforce develop- 3 ment programs, and any other relevant information[.]; and 4 (o) Establish an immigration services liaison to assist unaccompanied 5 minors as defined in section two of the social services law, in order to 6 access appropriate supports and services for such minors. The office may 7 work in conjunction with the office of temporary and disability assist- 8 ance, the office of children and family services and the office of 9 mental health in order to effectuate their duties under this provision. 10 § 5. The social services law is amended by adding a new section 374-g 11 to read as follows: 12 § 374-g. Unaccompanied minors released by authorized agencies. 1. 13 Every authorized agency as defined in paragraph (a) of subdivision ten 14 of section three hundred seventy-one of this title, that releases an 15 unaccompanied minor, as defined in section two of this chapter, in New 16 York to a sponsor that is a New York resident, and deemed to be appro- 17 priate by the federal office of refugee resettlement, shall provide the 18 unaccompanied minor and their sponsor with: (a) direct referrals to 19 immigration services liaisons under section ninety-four-b of the execu- 20 tive law; (b) informational materials developed by the office of chil- 21 dren and family services, informing them of available supports and 22 services the unaccompanied minor is eligible for upon release into New 23 York as defined in section three hundred seventy-c of this chapter; and 24 (c) notification of such minor's right to counsel under section three 25 hundred ninety-four of this title. 26 2. Such informational materials shall be provided to both the unaccom- 27 panied minor and the sponsor, unless such unaccompanied minor is under 28 the age of five, in which case such informational materials may be 29 provided solely to the sponsor. 30 § 6. The social services law is amended by adding a new section 393 to 31 read as follows: 32 § 393. Unaccompanied minors released by out of state care providers. 33 1. Every out of state care provider that releases an unaccompanied 34 minor, as defined in section two of this chapter, in New York to a spon- 35 sor that is a New York resident, and deemed to be appropriate by the 36 federal office of refugee resettlement, shall provide the unaccompanied 37 minor and their sponsor with: (a) direct referrals to an immigration 38 services liaison under section ninety-four-b of the executive law; (b) 39 informational materials developed by the office of children and family 40 services, informing them of available supports and services the unaccom- 41 panied minor is eligible for upon release into New York as defined in 42 section three hundred seventy-c of this chapter; and (c) notification of 43 such minor's right to counsel under section three hundred ninety-four of 44 this title. 45 2. Such informational materials shall be provided to both the unaccom- 46 panied minor and the sponsor, unless such unaccompanied minor is under 47 the age of five, in which case such informational materials may be 48 provided solely to the sponsor. 49 § 7. Subdivision 2 of section 2511 of the public health law is amended 50 by adding a new paragraph (k) to read as follows: 51 (k) Where an applicant for a subsidy payment pursuant to subdivision 52 three of this section is an unaccompanied minor as defined in section 53 two of the social services law, such unaccompanied minor shall be eligi- 54 ble for such subsidy.S. 803 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 reasonablyS. 803 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.
