Albany, NY – Today, State Senator Diane Savino (D-Staten Island) and Assemblywoman Nily Rozic (D,WF-Fresh Meadows) announced passage of their legislation (S6217A/A7899A) that would allow parents to designate a standby guardian in cases of separation, detention, or deportation. The bill passed the Senate and Assembly with bipartisan support.

Assemblywoman Nily Rozic said, “Given the uncertainty and constant fear facing many New York families, expanding the use of Standby Guardianship will allow parents to plan for care for their children in the event of a major life disruption without relinquishing parental rights and ensure a more humane transition for children facing drastic life adjustments. This bill is an unfortunately necessary tool to allow parents to ensure their children’s care and safety in their absence.”

State Senator Diane Savino said, “As reports of children being separated from their parents continue to pour out, including right here in New York, it is especially important that this legislation be enacted. If Washington does not want to act, then it is up to New York and other states to lead the way and ensure that children are protected. This bill provides a way for parents to know that their children are safe and in the hands of someone they trust if a family shattering event occurs. Though it is a situation no parent ever wants to think about, it is an unfortunate necessity for many today.”

Most cases of standby guardianship include conditions under which a parent has been diagnosed with a terminal illness and therefore transfer his or her guardianship over to a specific person. The Savino/Rozic bill broadens current law to include “administrative separation” as a condition under which a parent could transfer guardianship. This includes instances of arrest, detention, incarceration, and deportation.

Deborah Axt, Co-Executive Director of Make the Road New York said, “As immigrant families in New York and across the country face unprecedented horrors, this bill affords parents a small piece of control and peace of mind as they would be able to ensure the care and safety of their children in the face of uncertainty and turmoil. We thank Assemblywoman Nily Rozic for her leadership and steadfast commitment to keeping families together.”

Greta K. Kolcon, President of the Women’s Bar Association of the State of New York (WBASNY) said, “This legislation assures children can be cared for by family members or close friends that they know and trust rather than placing them into foster care. It benefits immigrant families, while at the same time reducing costly reliance on foster care.”

Randye Retkin, Esq, Director, LegalHealth, New York Legal Assistance Group said, “We applaud the State legislature for amending the Standby Guardianship law to support immigrants who live in constant fear about what will happen to their children if they are separated from them because of immigration enforcement. Every day at our legal clinics we have parents asking how they can put a plan in place for their children’s care. This Standby Guardianship law was originally created during the AIDS crisis, and now with this latest immigration crisis, we have a humane tool for immigrant parents to make plans for their children that no parent should have to make.”