California Legislature—2015–16 Regular Session

Assembly BillNo. 900


Introduced by Assembly Member Levine

February 26, 2015


An act to amend Section 155 of the Code of Civil Procedure, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

AB 900, as introduced, Levine. Juveniles: special immigrant juvenile status.

Existing federal law, the Immigration and Nationality Act, establishes a procedure for classification of certain aliens as special immigrants who have been declared dependent on a juvenile court, and authorizes those aliens to apply for an adjustment of status to that of a lawful permanent resident within the United States. Under federal regulations, an alien is eligible for special immigrant juvenile status if he or she is under 21 years of age. Existing state law provides that the juvenile, probate, and family divisions of the superior court have jurisdiction to make judicial determinations regarding the custody and care of juveniles within the meaning of the federal Immigration and Nationality Act. Existing law also requires the court, upon request, to make the necessary findings regarding special immigrant juvenile status if there is evidence to support those findings, as specified.

This bill would make technical, nonsubstantive changes to these provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 155 of the Code of Civil Procedure is
2amended to read:

3

155.  

(a) A superior court has jurisdiction under California law
4to make judicial determinations regarding the custody and care of
5begin delete childrenend deletebegin insert a childend insert within the meaning of the federal Immigration
6and Nationality Act (8 U.S.C. Sec. 1101(a)(27)(J) and 8 C.F.R.
7Sec. 204.11), which includes, but is not limited to, the juvenile,
8probate, and family court divisions of the superior court. These
9courts may make the findings necessary to enable a child to petition
10the United States Citizenship and Immigration Service for
11classification as a special immigrant juvenile pursuant to Section
121101(a)(27)(J) of Title 8 of the United States Code.

13(b) (1) If an order is requested from the superior court making
14the necessary findings regarding special immigrant juvenile status
15pursuant to Section 1101(a)(27)(J) of Title 8 of the United States
16Code, and there is evidence to support those findings, which may
17consist of, but is not limited to, a declaration by the child who is
18the subject of the petition, the court shall issue the order, which
19shall include all of the following findings:

20(A) The child was either of the following:

21(i) Declared a dependent of the court.

22(ii) Legally committed to, or placed under the custody of, a state
23agency or department, or an individual or entity appointed by the
24court. The court shall indicate the date on which the dependency,
25commitment, or custody was ordered.

26(B) begin deleteThat reunification end deletebegin insertReunification end insertof the child with one or
27both of the child’s parents was determined not to be viable because
28of abuse, neglect, abandonment, or a similar basis pursuant to
29California law. The court shall indicate the date on which
30reunification was determined not to be viable.

31(C) begin deleteThat it end deletebegin insertIt end insertis not in the best interest of the child to be returned
32to the child’s, or his or her parent’s, previous country of nationality
33or country of last habitual residence.

34(2) If requested by a party, the court may make additional
35findings that are supported by evidence.

36(c) In any judicial proceedings in response to a request that the
37superior court make the findings necessary to support a petition
38for classification as a special immigrant juvenile, information
P3    1regarding the child’s immigration status that is not otherwise
2protected by state confidentiality laws shall remain confidential
3and shall be available for inspection only by the court, the child
4who is the subject of the proceeding, the parties, the attorneys for
5the parties, the child’s counsel, and the child’s guardian.

6(d) In any judicial proceedings in response to a request that the
7superior court make the findings necessary to support a petition
8for classification as a special immigrant juvenile, records of the
9proceedings that are not otherwise protected by state confidentiality
10laws may be sealed using the procedure set forth in California
11Rules of Court 2.550 and 2.551.

12(e) The Judicial Council shall adopt any rules and forms needed
13to implement this section.



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