Bill Text: NY A07815 | 2019-2020 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: (Engrossed - Dead) 2020-01-08 - ordered to third reading cal.290 [A07815 Detail]
Download: New_York-2019-A07815-Amended.html
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: (Engrossed - Dead) 2020-01-08 - ordered to third reading cal.290 [A07815 Detail]
Download: New_York-2019-A07815-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7815--A 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 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11723-06-9A. 7815--A 2 1 370-d. Informational materials. 2 § 370-c. Supports and services for unaccompanied minors. 1. Unaccom- 3 panied minors, as defined under section two of this chapter, shall be 4 eligible for a range of appropriate services and supports, which shall 5 be beneficial to the health, safety, and well-being of such minors. Such 6 services shall include, but not be limited to: public assistance bene- 7 fits covered under paragraph (h) of subdivision one of section one 8 hundred fifty-eight of this chapter; health and behavioral health 9 services covered under paragraph (k) of subdivision two of section twen- 10 ty-five hundred eleven of the public health law; individual counseling 11 sessions with social workers; legal services provided under section 12 three hundred ninety-four of this chapter, which shall include 13 culturally and linguistically appropriate services provided by attor- 14 neys, interpreters, and other support staff for representation in state 15 court proceedings, federal immigration proceedings, and any appeals 16 arising from such proceedings; language services; employment assistance; 17 bilingual support groups; and assistance with educational rights and 18 enrollment in public schools. Such support and services shall not be 19 deemed public benefits that would affect an unaccompanied minor's immi- 20 gration status under 8 USC 1182, as amended, and any regulations promul- 21 gated thereunder. 22 2. Such services and supports shall be identified by an immigration 23 services liaison under section ninety-four-b of the executive law, which 24 shall, to the extent practicable, connect each unaccompanied minor with 25 resources in order to access such supports and services identified in 26 subdivision one of this section. The immigration services liaison shall 27 connect with unaccompanied minors prior to release to a sponsor deter- 28 mined to be appropriate by the federal office of refugee resettlement, 29 to the extent practicable, but no later than upon referral pursuant to 30 section three hundred seventy-four-g or three hundred ninety-three of 31 this chapter. 32 3. Any individual or program providing such services and supports or 33 otherwise providing assistance to the unaccompanied minor shall ensure 34 they receive trauma informed training as well as training on how to 35 identify and appropriately react to unaccompanied minors who may have 36 experienced adverse childhood experiences. In addition, any services, 37 supports or assistance shall be provided in a culturally competent 38 manner. 39 § 370-d. Informational materials. 1. The office of temporary and disa- 40 bility assistance, in consultation with the office of children and fami- 41 ly services, the office of mental health and the office for new Ameri- 42 cans, shall develop informational materials for authorized agencies, as 43 defined in paragraph (a) of subdivision ten of section three hundred 44 seventy-one of this chapter and out of state foster care agencies. Such 45 informational materials shall include contact information for immi- 46 gration services liaisons, as well as a general description of the bene- 47 fits unaccompanied minors as defined in section two of this chapter are 48 eligible for, pursuant to subdivision one of section three hundred 49 seventy-c of this title. 50 2. The informational materials shall be made available in English and 51 the six most common non-English languages spoken by individuals with 52 limited-English proficiency in the state of New York, based on United 53 States census data, and shall be published on the office of temporary 54 and disability assistance, office of children and family services, the 55 office of mental health and the office for new Americans' websites.A. 7815--A 3 1 § 3. The social services law is amended by adding a new section 394 to 2 read as follows: 3 § 394. Legal representation of unaccompanied minors. 1. An unaccompa- 4 nied minor, as defined in section two of this chapter, or minor in the 5 custody of the federal office of refugee resettlement while in the care 6 of an authorized agency, as defined in paragraph (a) of subdivision ten 7 of section three hundred seventy-one of this article, who is present in 8 this state and against whom an immigration proceeding may be or has been 9 commenced shall be entitled to representation by counsel through the 10 completion of such proceeding, including appeals and/or obtaining status 11 and other related assistance, pursuant to section ninety-four-c of the 12 executive law, including interpretation or translation services pursuant 13 to subdivision five of this section. 14 2. Representation and related assistance provided in accordance with 15 this section shall be a state charge, pursuant to section ninety-four-c 16 of the executive law. 17 3. (a) Upon receipt from a federal immigration authority of a civil 18 immigration detainer, or a request for transfer, notification, inter- 19 view, interrogation or other request, an authorized agency, or agent 20 thereof, shall provide to the child, who is the subject of such detainer 21 or request, such child's sponsor, if sponsored, and such child's coun- 22 sel, if represented: 23 (i) notification of such detainer or request; 24 (ii) a copy of such detainer or request; 25 (iii) notice regarding such child's right to counsel pursuant to this 26 section if such child is without counsel at the time of such detainer or 27 request; and 28 (iv) information as to whether or not such agency intends to comply 29 with such detainer or request. 30 (b) If such child is under the age of five at the time such detainer 31 or request is received, such information required pursuant to paragraph 32 (a) of this subdivision shall only be provided to such child's sponsor, 33 if sponsored, and such child's counsel, if represented. 34 4. Notwithstanding the provisions of subdivision one of this section, 35 a child in the care of an authorized agency may request to be inter- 36 viewed by a federal law enforcement agency or an agent thereof only with 37 written authorization by such child's counsel, provided that if such 38 child is not represented and is entitled to counsel pursuant to this 39 section, he or she shall be notified of such right and provided a 40 reasonable opportunity to obtain such counsel before any such interview. 41 5. In addition to any other right to the assistance of interpretation 42 or translation services, any foreign-born child, or child not proficient 43 in the English language, to whom inquiry is made pursuant to this 44 section shall be entitled to the assistance of a neutral and qualified 45 interpreter or translator, as the case may be, with respect to such 46 inquiry, provided at no cost or expense to such child. 47 6. This section shall supersede conflicting local laws, rules, poli- 48 cies, procedures and practices, except to the extent that the provisions 49 of any such local law, rule, policy or any such procedure or practice 50 may provide any additional or greater right or protection. Nothing in 51 this section shall prohibit any authorized agency from cooperating with 52 a federal immigration authority to the extent required by federal law. 53 Nothing in this section shall be interpreted or applied so as to create 54 any power, duty or obligation in conflict with federal law.A. 7815--A 4 1 § 4. Paragraphs (m) and (n) of subdivision 5 of section 94-b of the 2 executive law, as added by chapter 206 of the laws of 2014, are amended 3 and a new paragraph (o) is added to read as follows: 4 (m) Encourage and assist local governments in the development of 5 activities to enhance civic engagement among immigrants and in immigrant 6 communities; [and] 7 (n) Beginning in two thousand fifteen, by June fifteenth of each year, 8 produce a report to the governor, the speaker of the assembly, and the 9 temporary president of the senate describing the activities of the 10 office, including but not limited to, summarizing calls received through 11 the hotline and website, information on ESOL training services provided 12 by the office, the number of immigrants assisted through the opportunity 13 centers, or an estimation thereof, the status of any workforce develop- 14 ment programs, and any other relevant information[.]; and 15 (o) Establish an immigration services liaison to assist unaccompanied 16 minors as defined in section two of the social services law, in order to 17 access appropriate supports and services for such minors. The office may 18 work in conjunction with the office of temporary and disability assist- 19 ance, the office of children and family services and the office of 20 mental health in order to effectuate their duties under this provision. 21 § 5. The social services law is amended by adding a new section 374-g 22 to read as follows: 23 § 374-g. Unaccompanied minors released by authorized agencies. 1. 24 Every authorized agency as defined in paragraph (a) of subdivision ten 25 of section three hundred seventy-one of this title, that releases an 26 unaccompanied minor, as defined in section two of this chapter, in New 27 York to a sponsor that is a New York resident, and deemed to be appro- 28 priate by the federal office of refugee resettlement, shall provide the 29 unaccompanied minor and their sponsor with: (a) direct referrals to 30 immigration services liaisons under section ninety-four-b of the execu- 31 tive law; (b) informational materials developed by the office of tempo- 32 rary and disability assistance, informing them of available supports and 33 services the unaccompanied minor is eligible for upon release into New 34 York as defined in section three hundred seventy-c of this chapter; and 35 (c) notification of such minor's right to counsel under section three 36 hundred ninety-four of this title. 37 2. Such informational materials shall be provided to both the unaccom- 38 panied minor and the sponsor, unless such unaccompanied minor is under 39 the age of five, in which case such informational materials may be 40 provided solely to the sponsor. 41 § 6. The social services law is amended by adding a new section 393 to 42 read as follows: 43 § 393. Unaccompanied minors released by out of state care providers. 44 1. Every out of state care provider that releases an unaccompanied 45 minor, as defined in section two of this chapter, in New York to a spon- 46 sor that is a New York resident, and deemed to be appropriate by the 47 federal office of refugee resettlement, shall provide the unaccompanied 48 minor and their sponsor with: (a) direct referrals to an immigration 49 services liaison under section ninety-four-b of the executive law; (b) 50 informational materials developed by the office for temporary and disa- 51 bility assistance, informing them of available supports and services the 52 unaccompanied minor is eligible for upon release into New York as 53 defined in section three hundred seventy-c of this chapter; and (c) 54 notification of such minor's right to counsel under section three 55 hundred ninety-four of this title.A. 7815--A 5 1 2. Such informational materials shall be provided to both the unaccom- 2 panied minor and the sponsor, unless such unaccompanied minor is under 3 the age of five, in which case such informational materials may be 4 provided solely to the sponsor. 5 § 7. Subparagraphs (i) and (ii) of paragraph (c) of subdivision 1 of 6 section 122 of the social services law, as amended by chapter 214 of the 7 laws of 1998, are amended and a new subparagraph (iii) is added to read 8 as follows: 9 (i) a qualified alien who entered the United States less than five 10 years earlier or for less than five years has had a status within the 11 meaning of the term "qualified alien" as defined in section 431 of the 12 federal personal responsibility and work opportunity reconciliation act 13 of 1996 (8 U.S. Code 1641), as amended, if such entry occurred on or 14 after the twenty-second day of August, nineteen hundred ninety-six; 15 [and] 16 (ii) an alien whose status is not within the meaning of the term 17 "qualified alien" as defined in section 431 of the federal personal 18 responsibility and work opportunity reconciliation act of 1996 (8 U.S. 19 Code 1641), as amended, but who is otherwise permanently residing in the 20 United States under color of law[.]; and 21 (iii) an unaccompanied minor under section two of this chapter. 22 § 8. Paragraph (g) of subdivision 1 of section 158 of the social 23 services law, as added by section 44 of part B of chapter 436 of the 24 laws of 1997, is amended and a new paragraph (h) is added to read as 25 follows: 26 (g) is a qualified alien who is ineligible to receive assistance fund- 27 ed under the temporary assistance for needy families block grant solely 28 because of section four hundred three of the federal personal responsi- 29 bility and work opportunity reconciliation act of 1996 (P.L. 104-193) 30 or is an alien who is permanently residing under color of law but is not 31 a qualified alien[.], or 32 (h) is an unaccompanied minor under section two of this chapter. 33 § 9. Subdivision 2 of section 2511 of the public health law is amended 34 by adding a new paragraph (k) to read as follows: 35 (k) Where an applicant for a subsidy payment pursuant to subdivision 36 three of this section is an unaccompanied minor as defined in section 37 two of the social services law, such unaccompanied minor shall be eligi- 38 ble for such subsidy. 39 § 10. Subdivision 7 of section 2510 of the public health law, as 40 amended by chapter 428 of the laws of 2013, is amended to read as 41 follows: 42 7. "Covered health care services" means: the services of physicians, 43 optometrists, nurses, nurse practitioners, midwives and other related 44 professional personnel which are provided on an outpatient basis, 45 including routine well-child visits; diagnosis and treatment of illness 46 and injury; inpatient health care services; laboratory tests; diagnostic 47 x-rays; prescription and non-prescription drugs and durable medical 48 equipment; radiation therapy; chemotherapy; hemodialysis; outpatient 49 blood clotting factor products and other treatments and services 50 furnished in connection with the care of hemophilia and other blood 51 clotting protein deficiencies; emergency room services; hospice 52 services; emergency, preventive and routine dental care, including 53 medically necessary orthodontia but excluding cosmetic surgery; emergen- 54 cy, preventive and routine vision care, including eyeglasses; speech and 55 hearing services; and, inpatient and outpatient mental health, alcohol 56 and substance abuse services as defined by the commissioner in consulta-A. 7815--A 6 1 tion with the superintendent. For unaccompanied minors, as such term is 2 defined by section two of the social services law, covered health care 3 services shall also include: (a) children's mental health rehabilitation 4 services including, but not limited to, those added to the Medicaid 5 state plan in January of two thousand nineteen, other licensed practi- 6 tioner services, community psychiatric support and treatment services, 7 and psychosocial rehabilitation services, assuming such children's 8 mental health rehabilitation services are provided by individuals acting 9 within their lawful scope of practice as established under the education 10 law; and (b) trauma informed care that includes the identification of 11 and appropriate reaction and treatment to adverse childhood experiences. 12 "Covered health care services" shall not include drugs, procedures and 13 supplies for the treatment of erectile dysfunction when provided to, or 14 prescribed for use by, a person who is required to register as a sex 15 offender pursuant to article six-C of the correction law, provided that 16 any denial of coverage of such drugs, procedures or supplies shall 17 provide the patient with the means of obtaining additional information 18 concerning both the denial and the means of challenging such denial. 19 § 11. The executive law is amended by adding a new section 94-c to 20 read as follows: 21 § 94-c. Representation for unaccompanied minors. 1. The office for new 22 Americans, in consultation with the office of court administration and 23 indigent legal services, shall be responsible for facilitating access to 24 representation and related assistance in immigration-related matters 25 provided pursuant to section three hundred ninety-four of the social 26 services law. Any services provided shall be compensated in accordance 27 with this section. The office may enter into an agreement with a legal 28 aid society or other not-for-profit organization with appropriate exper- 29 tise and experience in immigration-related matters for the society or 30 organization to provide such representation and related services. The 31 agreement shall be in a form approved by the director of the office for 32 new Americans and shall provide a general plan for a program of services 33 to be provided by such society or organization. 34 2. All expenses for services provided under this section shall be a 35 state charge to be paid out of funds appropriated to the office for that 36 purpose. Counsel utilized hereunder shall receive compensation at an 37 hourly rate for time expended in court and for time reasonably expended 38 out of court, and shall receive payment for expenses reasonably 39 incurred. The director of the office for new Americans shall establish 40 rules and regulations regarding reasonable compensation and reimburse- 41 ment for other services provided. No counsel or other service provider 42 utilized pursuant to this section shall seek or accept any fee for 43 representing such person. 44 § 12. Severability. If any clause, sentence, paragraph, section or 45 part of this act shall be adjudged by any court of competent jurisdic- 46 tion to be invalid and after exhaustion of all further judicial review, 47 the judgment shall not affect, impair or invalidate the remainder there- 48 of, but shall be confined in its operation to the clause, sentence, 49 paragraph, section or part of this act directly involved in the contro- 50 versy in which the judgment shall have been rendered. 51 § 13. This act shall take effect immediately; provided, however, 52 sections one, two, four, five, six, seven, eight, nine, ten and eleven 53 of this act shall take effect on the sixtieth day after it shall have 54 become a law.
