BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 900 (Levine) - Juveniles: special immigrant juvenile status
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|Version: June 24, 2015 |Policy Vote: JUD. 5 - 1 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 17, 2015 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 900 would authorize a probate court to appoint a
guardian, or extend a guardianship, for an unmarried individual
who is between 18 and 21 years of age in connection with a
petition for special immigrant juvenile status (SIJS), as
specified.
Fiscal
Impact:
Guardianship hearings : Potentially significant increase in
trial court costs in the hundreds of thousands of dollars
(General Fund*) for new guardianship hearings. For every 500
to 1,000 hearings conducted, costs would range from $500,000
to $1 million.
Forms/rules : One-time minor costs (General Fund*) for the
Judicial Council to establish rules and necessary forms.
Medi-Cal benefits : Potentially significant ongoing increase
in Medi-Cal program costs (Federal Fund/General Fund) for
guardianships established for individuals aged 19 and 20, who
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would otherwise not be eligible for benefits (the 2015 Budget
Act provides for full scope Medi-Cal for undocumented
immigrant youth up to age 19). According to the federal Office
of Refugee Resettlement, youth with pending applications for
SIJS as well as those approved for SIJS, are considered
lawfully present and eligible for medical benefits.
CFAP benefits : Potentially significant increase in California
Food Assistance Program (CFAP) benefits. For every 500 to
1,000 individuals, costs are estimated at $0.9 million to $1.8
million (General Fund) annually for food benefits and
administrative workload.
CalWORKs eligibility : Potential eligibility for the CalWORKs
program, if all other eligibility criteria are met. While
federal means-tested public benefits are not available for a
period of five years beginning with the date of entry with
status as a qualified non-citizen, CalWORKs continues to allow
immigrants meeting the eligibility criteria to receive
benefits through a state-only funded program.
Federal benefits : Potential eligibility for Section 8 housing
and federal financial aid for college for SIJS guardianships
established pursuant to this measure.
*Trial Court Trust Fund
Background: Federal law pursuant to the Immigration and Nationality Act,
establishes Special Immigrant Juvenile Status (SIJS), in order
to help foreign children in the United States who have been
abused, abandoned, or neglected, to provide a path to lawful
permanent residency. SIJS involves both federal and state law.
As described by the American Bar Association, "The process for
obtaining SIJS relief involves a unique two-tiered system in
which a state juvenile or family court must first make factual
findings related to the child's familial situation and best
interests. Federal immigration officials then use the state
court's predicate findings to determine eligibility for
immigration relief. Congress delegated the first phase of the
process to state courts in order to benefit from state expertise
in fact finding on family and juvenile issues, and to provide
for the safety and welfare of abused, abandoned, and neglected
children. In serving this role, state courts act within their
usual function of ensuring the safety, well-being, and
appropriate custody of children."
Pursuant to SB 873 (Chapter 685/2014), the Human Services budget
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trailer bill, the Legislature specifically provided that
superior courts can make the findings necessary for a child to
be eligible for SIJS. As a result, a child under the age of 18
may have the necessary SIJS findings made in a juvenile court as
part of a dependency or delinquency proceeding, in family court
as part of a custody proceeding, or in probate court as part of
a guardianship proceeding. Nonminor dependents, or youth between
the ages of 18 and 21 under the jurisdiction of the dependency
court, may also qualify for SIJS status if a court makes the
appropriate findings. However, for youth over the age of 18 who
are not dependents of the juvenile court, there is currently no
state court proceeding under which the requisite findings can be
made. This bill seeks to address this issue, and would provide
state courts with the authority to approve or extend a
guardianship for a youth between 18 and 21 years of age.
Proposed Law:
This bill would authorize, with the consent of the proposed
ward, a probate court to establish or extend a guardianship of
the person for an unmarried individual, who is at least 18 years
of age, but not yet 21, in connection with a petition to make
necessary findings regarding SIJS or complete the SIJS
application process, as specified. Specifically, this bill:
Allows a petition for guardianship, or to extend a
guardianship, to be filed by a relative, the proposed ward,
or any other person.
Provides that a guardianship may not extend beyond the
ward reaching 21 years of age.
Provides that nothing in the provisions above abrogates
any other rights that a ward who is 18 years of age or
older may have as an adult under California law, including,
but not limited to, decisions regarding the ward's medical
treatment, education, or residence, without the ward's
express consent.
Requires the court to terminate a guardianship upon the
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petition of a ward who is 18 years of age or older.
Defines, for the purposes of the provisions above, the
terms "child," "minor," and "ward" to include an unmarried
individual who is younger than 21 years of age and who,
pursuant to this section, consents to the appointment of a
guardian or extension of a guardianship after he or she
attains 18 years of age.
Requires the Judicial Council to adopt necessary rules
and forms by July 1, 2016.
Includes numerous uncodified legislative findings and
declarations.
Prior
Legislation: SB 873 (Committee on Budget and Fiscal Review)
Chapter 685/2014, the Human Services budget trailer bill,
provides that the superior court, including the juvenile,
probate, or family court 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. The bill 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.
Staff
Comments: The Judicial Council has indicated that by extending
the availability of guardianships to individuals between the
ages of 18 and 21 years, this bill creates a new workload on the
courts. According to data from the federal Office of Refugee
Resettlement, 5,831 unaccompanied minors were released to
sponsors in Federal Fiscal Year (FFY) 2014, and 1,945
unaccompanied minors have been released to sponsors in FFY 2015
through July 2, 2015.While the exact number of youth who are
between the ages of 18 and 21 years who would file a petition,
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or for whom a petition would be filed, for guardianship under
the provisions of this bill is unknown, for each 500 to 1,000
petitions filed, costs to the courts are estimated at $500,000
to $1 million annually based on a time study indicating
approximately 1 hour and 45 minutes spent per case.
A significant benefit of applying for SIJS is obtaining lawful
permanent resident status. A lawful permanent resident has the
right to live and work permanently in the United States and to
travel in and out of the country. While public benefits for
permanent residents have been drastically curtailed since 1996,
permanent residents are still eligible for specified benefits
initially and more as time goes on. In particular, according to
the federal Office of Refugee Resettlement, youth with pending
applications for SIJS as well as those approved for SIJS, are
considered lawfully present and eligible for medical benefits
(Medi-Cal). Additionally, lawful permanent residents would be
eligible for food benefits under the California Food Assistance
Program (CFAP), potentially eligible for the CalWORKs program if
all other eligibility requirements are met, and potentially
eligible for federal financial aid for housing and higher
education.
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