BILL ANALYSIS Ó
AB 900
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
900 (Levine)
As Amended June 24, 2015
Majority vote
--------------------------------------------------------------------
|ASSEMBLY: | | (June 2, |SENATE: | | (September 2, |
| |56-23 |2015) | |29-11 |2015) |
| | | | | | |
| | | | | | |
--------------------------------------------------------------------
Original Committee Reference: JUD.
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 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
AB 900
Page 2
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, authorizes a
guardian to abrogate any other rights that a ward who is 18 or
older may have as an adult under California law, including,
but not limited to, the right to make decisions regarding the
ward's medical treatment, education or residence, without the
ward's express consent.
4)Requires that a court 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.
The Senate amendments require that a court terminate a
guardianship if requested by a ward who is 18 or older and
clarify that wards 18 and older retain their rights as adults.
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
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
AB 900
Page 3
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 Senate Appropriations
Committee:
1)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.
2)Forms/rules: One-time minor costs (General Fund*) for the
Judicial Council to establish rules and necessary forms.
3)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
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.
AB 900
Page 4
4)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.
5)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.
6)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
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 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
AB 900
Page 5
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 this 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 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.
AB 900
Page 6
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 must 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) 319-2334FN:
0001755