BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 900


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          900 (Levine)


          As Amended  June 24, 2015


          Majority vote


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          |ASSEMBLY:  |      | (June 2,      |SENATE: |      | (September 2,   |
          |           |56-23 |2015)          |        |29-11 |2015)            |
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          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  








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            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  








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            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.










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          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  








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          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.  









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          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