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