BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 900|
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THIRD READING
Bill No: AB 900
Author: Levine (D)
Amended: 6/24/15 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE: 5-1, 7/14/15
AYES: Jackson, Hertzberg, Leno, Monning, Wieckowski
NOES: Anderson
NO VOTE RECORDED: Moorlach
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/27/15
AYES: Lara, Beall, Hill, Leyva, Mendoza
NOES: Bates, Nielsen
ASSEMBLY FLOOR: 56-23, 6/2/15 - See last page for vote
SUBJECT: Juveniles: special immigrant juvenile status
SOURCE: Bet Tzedek
Immigrant Legal Resource Center
DIGEST: This bill authorizes a 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 to
make the necessary findings regarding special immigrant juvenile
status, as specified, with the consent of the proposed ward.
ANALYSIS:
Existing law:
1)Defines, under federal law, a "special immigrant juvenile" as
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a 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.
(8 U.S.C. Sec. 1101(a)(27)(J).)
2)Allows, under federal law, such person to obtain Special
Immigrant Juvenile Status (SIJS) and, based on that, apply for
a visa for lawful permanent residency. (8 U.S.C. Sec.
1153(b)(4).)
3)Allows the court to appoint a guardian of the person, the
estate, or both for a child under 18 years of age, taking into
consideration the best interest of the proposed ward. (Prob.
Code Sec. 1501 et seq.)
4)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, and 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.
(Code Civ. Proc. Sec. 155.)
This bill:
1)Authorizes, 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.
2)Allows the petition for guardianship, or to extend a
guardianship, to be filed by a relative, the proposed ward, or
any other person.
3)Provides that a guardianship may not extend beyond the ward
reaching 21 years of age.
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4)Provides that nothing in the provisions above abrogates any
other rights that a ward who is 18 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.
5)Requires the court to terminate a guardianship upon the
petition of a ward who is 18 years of age or older.
6)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.
7)Requires the Judicial Council to adopt necessary rules and
forms by July 1, 2016.
Background
Special Immigrant Juvenile Status (SIJS), found in the Federal
Immigration and Nationality Act, is a statutory tool enacted
over two decades ago to benefit immigrant children consistent
with accepted child welfare principles and international norms.
SIJS involves both federal and state law. The federal statute
and regulations provide the framework, and the state courts
provide the details for each individual situation. The Los
Angeles County Bar Association describes the interplay between
state and federal law in a 2012 article as follows:
First, a juvenile court must establish the child's
eligibility for immigration relief. Without the court's
findings, the child cannot apply for SIJS. A "juvenile
court," for SIJS purposes, is "a court located in the
United States having jurisdiction under State law to make
judicial determinations about the custody and care of
juveniles." This broad definition encompasses many
California courts--those that handle dependency and
delinquency proceedings as well as those that hear
guardianships, adoptions, and even family law cases. What
matters is the jurisdiction of California courts, not the
labels they use for themselves.
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Second, the juvenile court must have either 1) declared
the child dependent on the court, 2) legally committed the
child to, or placed the child under the custody of, an
agency or department of a state, or 3) legally committed
the child to, or placed the child under the custody of, an
individual or entity appointed by the court. Juvenile
court dependents ? meet this requirement. So too do ?
wards when the court vests their "care, custody and
control" in the probation department. A child whose
custody is placed with a guardian, including an
institutional guardian, or with a prospective adoptive
parent also meets this requirement. (Jackson, Special
Status Seekers: Through the underused SIJS process,
immigrant juveniles may obtain legal status, 34 (Feb.
2014) Los Angeles Lawyer 20, 22.)
The court must additionally determine that reunification with
one or more of the child's parents is not viable due to abuse,
neglect, abandonment, or a similar basis under state law.
"Under California law, children have met this requirement when,
for example, their parents are deceased; their parents'
identities are unknown; their parents have sexually, physically,
or emotionally harmed them; or their parents have not provided
appropriate care, support, or protection. By definition,
SIJS-eligible children have suffered the lack of a stable and
safe two-parent household." (Id.) Additionally, the court must
find that it is not in the child's best interest, as determined
by state law, to return to the child's or his or her parent's
country of nationality.
Last year, in AB 873 (Budget and Fiscal Review, Chapter 685,
Statutes of 2014), the Legislature specifically provided that
superior courts can make the findings necessary for a child to
be eligible for SIJS. That new law states that the superior
court (including a juvenile, probate, or family court) has
jurisdiction to make judicial determinations regarding the
custody and care of juveniles within the meaning of the federal
Immigration and Nationality Act, and requires the court to make
an order containing the necessary findings for SIJS, if there is
evidence to support them. (Code Civ. Proc. Sec. 155.) Thus, a
child in California today, who is under 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
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a custody proceeding, or in probate court as part of a
guardianship proceeding. Nonminor dependents, or youths 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 youths over 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, seeking to ensure that the courts have the ability to
make the findings required for all eligible youths to qualify
for SIJS, allows a court to extend or approve a guardianship for
a youth between 18 and 21 years of age.
Comments
As stated by the author:
The purpose of this bill is two-fold. First, this bill
will provide immigrant youth a better opportunity to
adjust to life in California by allowing them to have an
adult guardian present in their lives. Second, this bill
will increase access to immigration relief through Special
Immigrant Juvenile Status (SIJS). Under federal
immigration law, children who cannot be reunified with one
or both parents because of abuse, neglect or abandonment
and who are unmarried and under the age of 21 may obtain
immigration relief through SIJS.
FISCAL EFFECT: Appropriation: No Fiscal Com.:
YesLocal: No
According to the Senate Appropriations Committee:
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
SUPPORT: (Verified8/28/15)
Bet Tzedek (co-source)
Immigrant Legal Resource Center (co-source)
American Immigration Lawyers Association
Asian Americans Advancing Justice - Asian Law Caucus
Asian Pacific Islander Legal Outreach
Association of Pro Bono Counsel
Bay Area Industrial Areas Foundation
California Immigrant Policy Center
California Rural Legal Assistance Foundation
Catholic Charities of the East Bay
Catholic Legal Immigration Network
Canal Alliance
Central American Resource Center
Centro Legal de la Raza
Dolores Street Community Services
Immigrant Rights Clinic
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University of California, Irvine School of Law
Immigration Center for Women and Children
Kids in Need of Defense
Larkin Street Legal Services
Lawyers' Committee for Civil Rights of the San Francisco Bay
Area
Legal Advocates for Children and Youth
Legal Aid Society of San Mateo County
Legal Services for Children
Legal Services for Prisoners with Children
Los Angeles Center for Law and Justice
Loyola Immigrant Justice Clinic, Loyola Law School
National Center for Youth Law
Pangea Legal Services
Public Counsel's Children's Rights Project
San Diego Volunteer Lawyer Program
San Francisco International High School
Social Justice Collaborative
Youth Law Center
OPPOSITION: (Verified 8/28/15)
None received
ASSEMBLY FLOOR: 56-23, 6/2/15
AYES: Alejo, Baker, Bloom, Bonilla, Bonta, Brown, Burke,
Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper,
Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia,
Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,
Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Lackey,
Levine, Lopez, Low, McCarty, Medina, Mullin, Nazarian,
O'Donnell, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,
Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams,
Wood, Atkins
NOES: Achadjian, Travis Allen, Bigelow, Brough, Dahle, Beth
Gaines, Gallagher, Grove, Harper, Jones, Kim, Linder,
Maienschein, Mathis, Mayes, Melendez, Obernolte, Olsen,
Patterson, Steinorth, Wagner, Waldron, Wilk
NO VOTE RECORDED: Chávez
Prepared by:Nichole Rapier / JUD. / (916) 651-4113
8/30/15 19:10:43
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