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LAS Calls on Governor Hochul to Enact the Preserving Family Bonds Act

The Legal Aid Society is calling on Governor Kathy Hochul to enact the Preserving Family Bonds Act, legislation that would provide Family Court judges with discretion to order continued contact between children and their families of origin after a parent’s rights are involuntarily terminated when it is in the child’s best interest to do so.

Most children placed in foster care have significant ties to their biological families. A growing body of research shows that retaining contact with biological family members may be in the child’s best interest. Even when a biological parent is unable to care for their child, post-termination contact can allow the child to retain a beneficial relationship with their family.

The Act is consistent with the federal government’s latest guidance regarding state efforts to obtain permanency for children in foster care which placed significant emphasis on the importance of maintaining children’s ties to their families and communities of origin.

“A legal termination of parental rights does not cut off a child’s emotional connection to family, and research shows that nurturing those bonds actually helps ensure the stability of an adoptive family,” said Dawne Mitchell, Chief Attorney of The Legal Aid Society’s Juvenile Rights Practice. “The Preserving Family Bonds Act will give Family Court judges the discretion to order ongoing contact after a termination of parental rights when it is in the child’s best interest.”

“We thank Assembly Member Joyner and Senator Brisport for sponsoring this important bill and the other members of the Legislature for passing it,” she continued. “We urge Governor Hochul to sign the Preserving Family Bonds Act without delay.”