Bill Text: NY A07815 | 2019-2020 | General Assembly | Amended


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

Spectrum: Partisan Bill (Democrat 37-0)

Status: (Engrossed) 2019-06-20 - REFERRED TO RULES [A07815 Detail]

Download: New_York-2019-A07815-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         7815--B

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 23, 2019
                                       ___________

        Introduced  by  M.  of A. HEVESI, JAFFEE, EPSTEIN, AUBRY, LIFTON, REYES,
          ROZIC, ORTIZ, WILLIAMS, CRUZ, RAMOS,  RIVERA,  WALKER,  NIOU,  WEPRIN,
          CRESPO, SIMON, DE LA ROSA, PRETLOW, MOSLEY, ARROYO, COLTON, GOTTFRIED,
          SIMOTAS,  FRONTUS,  DICKENS, BARRON, BLAKE, JEAN-PIERRE, FAHY, SAYEGH,
          L. ROSENTHAL, FERNANDEZ -- Multi-Sponsored by -- M. of A. DenDEKKER --
          read once and referred to the Committee on Social Services -- reported
          and  referred  to  the  Committee  on  Ways  and  Means  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  -- again reported from said committee with amend-
          ments, ordered reprinted as amended and recommitted to said committee

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11723-08-9

        A. 7815--B                          2

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

        A. 7815--B                          3

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

        A. 7815--B                          4

     1    (m) Encourage and assist  local  governments  in  the  development  of
     2  activities to enhance civic engagement among immigrants and in immigrant
     3  communities; [and]
     4    (n) Beginning in two thousand fifteen, by June fifteenth of each year,
     5  produce  a  report to the governor, the speaker of the assembly, and the
     6  temporary president of the  senate  describing  the  activities  of  the
     7  office, including but not limited to, summarizing calls received through
     8  the  hotline and website, information on ESOL training services provided
     9  by the office, the number of immigrants assisted through the opportunity
    10  centers, or an estimation thereof, the status of any workforce  develop-
    11  ment programs, and any other relevant information[.]; and
    12    (o)  Establish an immigration services liaison to assist unaccompanied
    13  minors as defined in section two of the social services law, in order to
    14  access appropriate supports and services for such minors. The office may
    15  work in conjunction with the office of temporary and disability  assist-
    16  ance,  the  office  of  children  and  family services and the office of
    17  mental health in order to effectuate their duties under this provision.
    18    § 5. The social services law is amended by adding a new section  374-g
    19  to read as follows:
    20    §  374-g.  Unaccompanied  minors  released by authorized agencies.  1.
    21  Every authorized agency as defined in paragraph (a) of  subdivision  ten
    22  of  section  three  hundred  seventy-one of this title, that releases an
    23  unaccompanied minor, as defined in section two of this chapter,  in  New
    24  York  to  a sponsor that is a New York resident, and deemed to be appro-
    25  priate by the federal office of refugee resettlement, shall provide  the
    26  unaccompanied  minor  and  their  sponsor  with: (a) direct referrals to
    27  immigration services liaisons under section ninety-four-b of the  execu-
    28  tive  law;  (b) informational materials developed by the office of chil-
    29  dren and family services,  informing  them  of  available  supports  and
    30  services  the  unaccompanied minor is eligible for upon release into New
    31  York as defined in section three hundred seventy-c of this chapter;  and
    32  (c)  notification  of  such minor's right to counsel under section three
    33  hundred ninety-four of this title.
    34    2. Such informational materials shall be provided to both the unaccom-
    35  panied minor and the sponsor, unless such unaccompanied minor  is  under
    36  the  age  of  five,  in  which  case such informational materials may be
    37  provided solely to the sponsor.
    38    § 6. The social services law is amended by adding a new section 393 to
    39  read as follows:
    40    § 393. Unaccompanied minors released by out of state  care  providers.
    41  1.  Every  out  of  state  care  provider that releases an unaccompanied
    42  minor, as defined in section two of this chapter, in New York to a spon-
    43  sor that is a New York resident, and deemed to  be  appropriate  by  the
    44  federal  office of refugee resettlement, shall provide the unaccompanied
    45  minor and their sponsor with: (a) direct  referrals  to  an  immigration
    46  services  liaison  under section ninety-four-b of the executive law; (b)
    47  informational materials developed by the office of children  and  family
    48  services, informing them of available supports and services the unaccom-
    49  panied  minor  is  eligible for upon release into New York as defined in
    50  section three hundred seventy-c of this chapter; and (c) notification of
    51  such minor's right to counsel under section three hundred ninety-four of
    52  this title.
    53    2. Such informational materials shall be provided to both the unaccom-
    54  panied minor and the sponsor, unless such unaccompanied minor  is  under
    55  the  age  of  five,  in  which  case such informational materials may be
    56  provided solely to the sponsor.

        A. 7815--B                          5

     1    § 7. Subdivision 2 of section 2511 of the public health law is amended
     2  by adding a new paragraph (k) to read as follows:
     3    (k)  Where  an applicant for a subsidy payment pursuant to subdivision
     4  three of this section is an unaccompanied minor as  defined  in  section
     5  two of the social services law, such unaccompanied minor shall be eligi-
     6  ble for such subsidy.
     7    §  8.  Subdivision  7  of  section  2510  of the public health law, as
     8  amended by chapter 428 of the laws  of  2013,  is  amended  to  read  as
     9  follows:
    10    7.  "Covered  health care services" means: the services of physicians,
    11  optometrists, nurses, nurse practitioners, midwives  and  other  related
    12  professional  personnel  which  are  provided  on  an  outpatient basis,
    13  including routine well-child visits; diagnosis and treatment of  illness
    14  and injury; inpatient health care services; laboratory tests; diagnostic
    15  x-rays;  prescription  and  non-prescription  drugs  and durable medical
    16  equipment; radiation  therapy;  chemotherapy;  hemodialysis;  outpatient
    17  blood  clotting  factor  products  and  other  treatments  and  services
    18  furnished in connection with the care  of  hemophilia  and  other  blood
    19  clotting   protein   deficiencies;   emergency  room  services;  hospice
    20  services; emergency,  preventive  and  routine  dental  care,  including
    21  medically necessary orthodontia but excluding cosmetic surgery; emergen-
    22  cy, preventive and routine vision care, including eyeglasses; speech and
    23  hearing  services;  and, inpatient and outpatient mental health, alcohol
    24  and substance abuse services as defined by the commissioner in consulta-
    25  tion with the superintendent.  For unaccompanied minors, as such term is
    26  defined by section two of the social services law, covered  health  care
    27  services shall also include: (a) children's mental health rehabilitation
    28  services  including,  but  not  limited  to, those added to the Medicaid
    29  state plan in January of two thousand nineteen, other  licensed  practi-
    30  tioner  services,  community psychiatric support and treatment services,
    31  and  psychosocial  rehabilitation  services,  assuming  such  children's
    32  mental health rehabilitation services are provided by individuals acting
    33  within their lawful scope of practice as established under the education
    34  law;  and  (b)  trauma informed care that includes the identification of
    35  and appropriate reaction and treatment to adverse childhood experiences.
    36  "Covered health care services" shall not include drugs,  procedures  and
    37  supplies  for the treatment of erectile dysfunction when provided to, or
    38  prescribed for use by, a person who is required to  register  as  a  sex
    39  offender  pursuant to article six-C of the correction law, provided that
    40  any denial of coverage of  such  drugs,  procedures  or  supplies  shall
    41  provide  the  patient with the means of obtaining additional information
    42  concerning both the denial and the means of challenging such denial.
    43    § 9. The executive law is amended by adding a new section 94-c to read
    44  as follows:
    45    § 94-c. Representation for unaccompanied minors. 1. The office for new
    46  Americans, in consultation with the office of court  administration  and
    47  indigent legal services, shall be responsible for facilitating access to
    48  representation  and  related  assistance  in immigration-related matters
    49  provided pursuant to section three hundred  ninety-four  of  the  social
    50  services  law.  Any services provided shall be compensated in accordance
    51  with this section. The office may enter into an agreement with  a  legal
    52  aid society or other not-for-profit organization with appropriate exper-
    53  tise  and  experience  in immigration-related matters for the society or
    54  organization to provide such representation and  related  services.  The
    55  agreement  shall be in a form approved by the director of the office for

        A. 7815--B                          6

     1  new Americans and shall provide a general plan for a program of services
     2  to be provided by such society or organization.
     3    2.  All  expenses  for services provided under this section shall be a
     4  state charge to be paid out of funds appropriated to the office for that
     5  purpose. Counsel utilized hereunder shall  receive  compensation  at  an
     6  hourly  rate for time expended in court and for time reasonably expended
     7  out  of  court,  and  shall  receive  payment  for  expenses  reasonably
     8  incurred.  The  director of the office for new Americans shall establish
     9  rules and regulations regarding reasonable compensation  and  reimburse-
    10  ment  for  other services provided. No counsel or other service provider
    11  utilized pursuant to this section shall  seek  or  accept  any  fee  for
    12  representing such person.
    13    §  10.  Severability.  If  any clause, sentence, paragraph, section or
    14  part of this act shall be adjudged by any court of  competent  jurisdic-
    15  tion  to be invalid and after exhaustion of all further judicial review,
    16  the judgment shall not affect, impair or invalidate the remainder there-
    17  of, but shall be confined in its  operation  to  the  clause,  sentence,
    18  paragraph,  section or part of this act directly involved in the contro-
    19  versy in which the judgment shall have been rendered.
    20    § 11. This act  shall  take  effect  immediately;  provided,  however,
    21  sections  one,  two, four, five, six, seven, eight, and nine of this act
    22  shall take effect on the sixtieth day after it shall have become a law.
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