S 8204 New York Senate · 2025 Regular Session

Relates to the definition of the term prospective relative guardian

Summary
Provides that no person shall be precluded from being deemed a "prospective relative guardian" based on whether such person's relationship with the child was established before or after such child's placement into foster care.
Bill status in committee 1 of 4 stages cleared
Introduction
May 2025
Committee Review
Floor Vote
Governor
Introduced May 21, 2025 Last action Jun 5, 2026
Maddy AI version diff · 1 comparison

What changed between versions

S8204 S8204A · 3 edits
MINOR
The bill amends the definition of a 'prospective relative guardian' by adding specific restrictions. While it initially removes a blanket rule allowing relatives to become guardians regardless of when they met the child, it immediately reinstates that rule with two major exceptions. The changes matter because they prevent relatives from becoming guardians if the child's parents object, unless the parents have been legally found to have permanently neglected, abandoned, or severely abused the child. Additionally, the bill adds a new protection ensuring that children aged 14 or older can object to a relative becoming their guardian.
Scope change
The bill narrows the scope of who can be deemed a prospective relative guardian by introducing parental objection rights and child consent requirements, while simultaneously creating a narrow pathway to override these objections in cases of severe parental neglect or abuse.
ELIGIBILITY

Removed the absolute rule that allowed relatives to become guardians regardless of when they met the child, replacing it with a conditional rule.

REQUIREMENT

Added a requirement that relatives who met the child after foster care placement cannot become guardians if a parent objects, unless a court finds the parent permanently neglected, abandoned, or severely abused the child.

Added a new requirement that children aged 14 or older can object to a relative becoming their guardian.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
7
Key actions
1
Committee
3
Amendments
1
Jun 5, 2026
Committee
COMMITTED TO RULES
upper
Apr 28, 2026
Upper · Passed
AMENDED ON THIRD READING 8204A
upper
Jan 7, 2026
Committee
REFERRED TO CHILDREN AND FAMILIES
upper
May 21, 2025
Committee
REFERRED TO CHILDREN AND FAMILIES
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Jabari Brisport
Jabari Brisport
DDemocratic/Working Families
NY
25