BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 900


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          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  








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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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