Grants the family court jurisdiction to determine guardianship of minors and infants when there are extraordinary circumstances, including parental deportation
Summary
Grants the family court jurisdiction to determine guardianship of minors and infants when there are extraordinary circumstances, including deportation, removal, or forced departure of a parent from the United States; requires the office of court administration to revise certain orders or forms used by the family court to comply with such provisions; provides that the court may, but need not, find abuse, neglect, or abandonment where extraordinary circumstances are found to exist.
Bill status
in committee
1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 9, 2026
Last action May 1, 2026
Maddy AI version diff · 1 comparison
What changed between versions
S8854
→
S8854A
·
3 edits
MINOR
This bill was amended to add two new sections that allow parents deported or removed from the United States to petition the family court to modify guardianship orders once they return to New York. The changes clarify that a parent's return constitutes a 'substantial change of circumstances,' ensuring they can regain custody without needing to prove abuse or neglect.
Scope change
The bill's scope expanded from merely updating court forms to include a specific legal mechanism for parents returning from deportation to seek custody modifications.
ELIGIBILITY
Added eligibility for parents who were deported or removed to petition for modifying existing guardianship orders upon their return to New York.
REQUIREMENT
Established that a parent's return to the state after deportation automatically counts as a substantial change of circumstances required to modify a court order.
Specified that petitions for modification can be filed in the county where the original order was issued or where the child currently lives.
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
3
Key actions
2
Committee
1
Amendments
2
May 1, 2026
Upper · Passed
PRINT NUMBER 8854A
upper
May 1, 2026
Upper · Passed
AMEND AND RECOMMIT TO CHILDREN AND FAMILIES
upper
Jan 9, 2026
Committee
REFERRED TO CHILDREN AND FAMILIES
upper
1 primary · 5 co-sponsors
Sponsors
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