Kincare Coalition advocates with Senator Diane Savino

2021

CHAPTER 246
A3496
Hevesi
07/16/21 signed
Amends §371, Social Services Law. Defines the term kinship caregiver.

SENATE RESOLUTION 855 (Stewart-Clark & Mayer)
ASSEMBLY RESOLUTION 448 (Hevesi)
Memorializing Governor Andrew M. Cuomo to proclaim September 2021, as Kinship Care Month in the State of New York
LINK

2020

SENATE RESOLUTION
ASSEMBLY RESOLUTION
Memorializing Governor Andrew M. Cuomo to proclaim September 2020, as Kinship Care Month in the State of New York

2019

CHAPTER 399
S2714
SAVINO
10/23/19 SIGNED
Amends §392, Social Services Law. Provides that when a local social services district is in contact with a relative or non-relative kinship caregiver or a suitable person who the district has approached about being a kinship caregiver, such district shall provide written information to such caregivers or prospective suitable persons; further provides that such information shall include, but not be limited to, information relating to child only grants; information about how to become a kinship foster parent and other options for care; and information on how to contact the department of family assistance kinship programs and any resources funded through or operating in the local social services district for relative and non-relative kinship caregivers, including those that provide supportive services for all relative and non-relative kinship caregivers in the district.

CHAPTER 434
S6405
MONTGOMERY
10/29/19 SIGNED
Amends §1028-a, Family Court Act. Provides that upon the application of a relative to become a foster parent of a child in foster care, the court shall hold a hearing to determine whether the child should be placed with a relative in foster care only if the person is related to the child as described under paragraph (a), (b), or (c) of subdivision three of section four hundred fifty-eight-a of the social services law and if other circumstances are present.

CHAPTER 623
A1239
Jaffee
12/12/19 signed
Amends §657, Family Court Act; amends §2504, Public Health Law. Relates to allowing a person having a lawful order of custody of a child to make medical decisions for such child.

SENATE RESOLUTION 345 (Montgomery)
ASSEMBLY RESOLUTION 76 (Jaffee)
Memorializing Governor Andrew M. Cuomo to proclaim September 2019, as Kinship Care Month in the State of New York
LINK

2018

CHAPTER 79
A7899-A
Rozic
06/27/18 signed chap.79 with Press Release
Amends §1726, Surrogate’s Court Procedure Act. Relates to the appointment of a standby guardian due to administrative separation; defines administrative separation and the process for such appointment.

CHAPTER 80
A7905-A
Jaffee
06/27/18 chap.80 with Press Release
Amends §§5-1551 & 5-1552, General Obligations Law. Provides that a parent of a minor or incapacitated person may designate another person as a person in parental relation to such minor or incapacitated person pursuant to sections twenty-one hundred sixty-four and twenty-five hundred four of the public health law and sections two and thirty-two hundred twelve of the education law for a period not exceeding twelve months; provides that a designation may not be more than twelve months.

SENATE RESOLUTION 3413 (Golden)
ASSEMBLY RESOLUTION 842 (Jaffee)
Memorializing Governor Andrew M. Cuomo to proclaim September 2018, as Kinship Care Month in the State of New York

CONGRESSIONAL RESOLUTION (Wyden)
Designation September 2018 as “National Kinship Care Month”

2018 National Kinship Care Month Resolution

2017

SENATE RESOLUTION 394 (Golden)
ASSEMBLY RESOLUTION 127 (Lupardo)
Memorializing Governor Andrew M. Cuomo to proclaim September 2017, as Kinship Care Month in the State of New York

2016

SENATE RESOLUTION 3102 (Golden)
ASSEMBLY RESOLUTION 968 (Clark)
Memorializing Governor Andrew M. Cuomo to proclaim September 2016, as Kinship Care Month in the State of New York

2015

SENATE RESOLUTION 437 (Golden)
ASSEMBLY RESOLUTION 261 (Clark)
Memorializing Governor Andrew M. Cuomo to proclaim September 2015, as Kinship Care Month in the State of New York

2014

ASSEMBLY RESOLUTION 915 (Clark)
Memorializing Governor Andrew M. Cuomo to proclaim September 2014, as Kinship Care Month in the State of New York

2005

Secured funding for the Kinship Navigator and local “demonstration” projects in the 2006 NY state budget. $250,000 awarded to KN, $750,000 awarded for local kinship demonstration programs.

Funding History

Other Policy Work

Surrogate’s Court Procedure Act § 1726 (Standby Guardian): Added legal custodians and caretakers as persons who may designation or appoint a standby guardian whose powers are valid upon the debilitation, incapacity or death of the principal. Law began to address the fact that in New York State, most non-parents (kin) are awarded legal custody, not guardianship, but legal custodians less statutory authority than guardians.
General Obligations Law. Title 15-A § 1551 ff. (Parental Designation): Beginning in mid-nineties, states (and Washington D. C.) enacted laws creating parental powers of attorney. Some were based upon the Uniform Probate Codes’ model statute. New York’s bill was vetoed by the Governor, and only signed into law after extensive negotiations and the advocacy assistance of AARP NY.
Domestic Relations Law § 72(2) (Grandparent Extraordinary Circumstances): Extraordinary circumstances is a legal term of art referring to circumstances that will provide standing for a non-parent in a custody dispute with a parent. Meant to protect parents, the traditional circumstances are those similar to unfitness; in 1976, New York’s highest court added “an extended disruption of custody”, but failed to define the length of time needed. This law, which only applies to grandparents, established a two-year period of care, with courts not precluded from accepting shorter periods.
Family Court Act § 1017 (Notice and Placement Options): Established mandatory searches for relatives after removals, and required searches for all grandparents, but did not require written information about options. The writing requirement met stiff resistance but luckily the Fostering Connections Act later mandated similar searches and added due diligence and written information requirements.
Social Services Law § 392 (social services departments required to inform about benefits); Advocates have duly noted the low number “child-only” grants reported by the NYS Office of Temporary and Disability Assistance. This law required the county public assistance offices to make available information about the grant and kinship services.
Family Court Act § 657 (Enrollment/Medical—Guardianship, Custody): Mandated that legal custodians and guardians can enroll children in schools and can access health insurance of caregiver. But did not extend medial authority to legal custodians.
Social Services Law § 458-a-f (KinGAP): Enacted kinship guardianship and added requirement that counties collect data on “direct custody” placements (non-foster care) and on kinship guardianship placements.

New York Code of Rules and Regulations (NYCRR) and Agency Directives related to Coalition summits and advocacy:

8 NYCRR 100.2 (y) (3) Section 100.2(y), Determination of student residency and age: established that legal custody or guardianship are not needed to enroll children in school.
18 NYCRR 430.11(c) (4), due diligence in notification: guidance on notice to relatives, including all grandparents.
Office of Temporary and Disability Assistance, OTDA 05-INF-24 (re-issue) (custody and guardianship): Established that counties could not require legal custody or guardianship for non-parents to apply for the child-only grant.
Office of Temporary and Disability Assistance, OTDA 08-INF-16 (good cause): establish circumstances when a non-parent may refuse to cooperate with support collection by county, when applying for the child-only grant. Circumstances are fear of emotional or physical harm by parents to caregivers and/or children.
Office of Temporary and Disability Assistance, OTDA 12-ADM-01 (information to Caregivers): required information on child-only grants be available a local human services offices, as well as information about kinship services.
Office of Children and Family Services, OCFS 14-OCFS-LCM-15 (kinship foster care data adds “certified” relative foster parents): required the Connections database operated by counties to record child welfare data, to include a data entry point for not just relative approved foster care placements, but also for relative certified foster care placements.