BILL ANALYSIS Ó AB 900 Page 1 ASSEMBLY THIRD READING AB 900 (Levine) As Amended April 23, 2015 Majority vote -------------------------------------------------------------------- |Committee |Votes |Ayes |Noes | |----------------+------+----------------------+---------------------| |Judiciary |7-3 |Mark Stone, Alejo, |Wagner, Gallagher, | | | |Chau, Chiu, Cristina |Maienschein | | | |Garcia, Holden, | | | | |O'Donnell | | | | | | | |----------------+------+----------------------+---------------------| |Appropriations |12-4 |Gomez, Bonta, |Bigelow, Gallagher, | | | |Calderon, Daly, |Jones, Wagner | | | |Eggman, Eduardo | | | | |Garcia, Gordon, | | | | |Holden, Quirk, | | | | |Rendon, Weber, Wood | | -------------------------------------------------------------------- SUMMARY: Allows for guardianships for youth from ages 18 until 21 who may qualify for federal Special Immigrant Juvenile Status (SIJS). Specifically, this bill: 1)Allows, with the consent of the proposed ward, a probate court to establish a guardianship of the person for an unmarried individual, who is at least 18 years of age, but not yet 21, in AB 900 Page 2 connection with a petition to make necessary findings regarding SIJS, as specified. Allows the petition for guardianship to be filed by a relative, the proposed ward or any other person. 2)Allows, with the consent, or at the request, of the ward, a court to extend a guardianship of the person beyond 18 years of age in order to allow the ward to complete the application process with United States Citizenship and Immigration Services for classification as a special immigrant juvenile, as specified. Provides that the petition for guardianship may be filed by a relative, the ward or any other person. Prevents the guardianship from extending beyond the ward reaching 21 years of age. 3)Provides that nothing in 1) or 2), above, abrogates any other rights a ward who is 18 or older may have as an adult under California law. Notwithstanding statutes allowing a guardian to fix the residence of a ward or consent to medical treatment on behalf of a ward, provides that a ward who is 18 years or older retains all legal decision making authority as an adult. 4)Provides that a court may terminate the guardianship of a ward who is 18 or older if the ward requests termination. 5)Requires Judicial Council to adopt necessary rules and forms by July 1, 2016. EXISTING LAW: 1)Allows a the court to appoint a guardian of the person, the estate, or both for a child under 18, taking into consideration the best interest of the proposed ward. 2)Under federal law, defines a "special immigrant juvenile" as a AB 900 Page 3 person under 21 who is declared a dependent by a juvenile court or committed to the custody of a state agency or a court-appointed individual, whose reunification with one or both of his or her parents is not viable due to abuse, neglect, abandonment, or a similar basis found under state law, and whose return to his or her country of nationality or last habitual residence is not in his or her best interest. Allows such person to obtain SIJS and, based on that, apply for a visa for lawful permanent residency. 3)Provides that the superior court, including a juvenile, probate, or family court department or division of the superior court, has jurisdiction to make judicial determinations regarding the custody and care of juveniles within the meaning of the federal Immigration and Nationality Act. Requires the superior court to make an order containing the necessary findings regarding SIJS pursuant to federal law, if there is evidence to support those findings. FISCAL EFFECT: According to the Assembly Appropriations, potential significant costs to the courts for additional guardianship procedures. The average cost of court time for each such procedure is estimated at around $1,000 for the judicial officer and support staff. The number of additional guardianship cases as a result of this bill is unknown, but information from the author's office estimates that, based on the total number of unaccompanied immigrant children released to sponsors in California last year (5,800), up to 1,000 could be impacted by this bill, resulting in court costs of $1 million. The total number of such children released to sponsors thus far this year is on pace to be only one half of last year's total, so ongoing impacts to the courts could be significantly less. COMMENTS: This bill is designed to better align state and federal law in order to protect vulnerable, unaccompanied immigrant youth ages 18 to 21. Federal law allows youth up to 21 years of age to AB 900 Page 4 qualify for SIJS and, thus, be eligible to remain lawfully in the United States. To qualify, a state juvenile court must first make certain findings. However, California law today only has a process to make those findings for youth up to 18 years of age, unless the youth is a non-minor dependent in the foster care system. This bill creates that missing process, and allows for custodial assistance from a caring adult, for youth 18 to 21 by allowing for the establishment and extension of guardianships until 21 for immigrant youth seeking SIJS. Special Immigrant Juvenile Status. "Special Immigrant Juvenile Status" is a federal immigration classification that may help undocumented, vulnerable children and youth remain in the United States. Under the Trafficking Victims Protection Reauthorization Act of 2008, Public Law No. 110-457, any unmarried person under age 21 who has been abused, neglected or abandoned by a parent may seek classification as a Special Immigrant Juvenile and then immediately apply for lawful permanent resident status. To be eligible for SIJS, a state juvenile court must first make specified findings. This Bill Extends Guardianship Proceedings Until 21 for Youth in Need of the Special Immigrant Juvenile Status Finding. This bill allows probate courts to establish guardianships for youth who are at least 18, but less than 21, and to extend existing guardianships up to 21, if done in connection with a petition to make the necessary SIJS findings. Thus, this bill allows for the necessary state court finding to help these youth become legal residents of California. However, this bill does much more for this very vulnerable population. As the bill's legislative findings make clear, these guardianships connect immigrant youth who have been abused, neglected or abandoned with a caring adult "as they adjust to a new cultural context, language, and education system, and recover from the trauma of abuse, neglect or abandonment. These custodial arrangements promote permanency and the long-term well-being of immigrant children present in the United States who have experienced abuse, neglect, or AB 900 Page 5 abandonment." Bill Makes Clear That These 18 to 21 Year Old Youth Retain Their Legal Rights as Adults Under California Law. All of the regular guardianship rules and statutes apply to these new over 18 guardianships, with several key exceptions, all recognizing that the youth subject to them are now adults, with distinct legal rights. Like guardianships for children, guardianships for those over 18 begin with notice to specified relatives and, unless waived by the court, an investigation of the proposed guardianship by a court investigator, probation officer, or domestic relations investigator, along with recommendations of the appropriateness of the guardianship. The court may appoint a guardian if it appears to the court to be "necessary or convenient," the same standard that applies to those under 18. However, because youth 18 and older are legally adults, this bill rightly proposes to treat non-minor wards different than minor wards. First, the guardianship can only be established for a youth 18 or over, or extended for a youth who has reached 18, with the youth's consent. No non-minor will be forced into a guardianship, just like no non-minor can be forced to remain in dependency after age 18. Second, the court may terminate a guardianship if a ward 18 and over requests termination. This ensures that the non-minor ward remains in a guardianship only if he or she so desires. Finally, this bill states that wards 18 and over retain their legal rights as adults under California law. Analysis Prepared by: Leora Gershenzon / JUD. / (916) 319-2334 FN: 0000558 AB 900 Page 6