BILL ANALYSIS Ó
AB 900
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ASSEMBLY THIRD READING
AB
900 (Levine)
As Amended April 23, 2015
Majority vote
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|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 | |
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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
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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
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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
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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
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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
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