Bill Text: CA AB900 | 2015-2016 | Regular Session | Chaptered
Bill Title: Juveniles: special immigrant juvenile status.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2015-10-09 - Chaptered by Secretary of State - Chapter 694, Statutes of 2015. [AB900 Detail]
Download: California-2015-AB900-Chaptered.html
BILL NUMBER: AB 900 CHAPTERED
BILL TEXT
CHAPTER 694
FILED WITH SECRETARY OF STATE OCTOBER 9, 2015
APPROVED BY GOVERNOR OCTOBER 9, 2015
PASSED THE SENATE SEPTEMBER 2, 2015
PASSED THE ASSEMBLY SEPTEMBER 4, 2015
AMENDED IN SENATE JUNE 24, 2015
AMENDED IN ASSEMBLY APRIL 23, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Levine
(Coauthor: Assembly Member Alejo)
(Coauthor: Senator Hall)
FEBRUARY 26, 2015
An act to amend Sections 1490, 1600, and 1601 of, and to add
Section 1510.1 to, the Probate Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 900, Levine. Juveniles: special immigrant juvenile status.
Existing federal law, the Immigration and Nationality Act,
establishes a procedure for classification of certain aliens as
special immigrants who have been declared dependent on a juvenile
court, and authorizes those aliens to apply for an adjustment of
status to that of a lawful permanent resident within the United
States. Under federal regulations, an alien is eligible for special
immigrant juvenile status if he or she is under 21 years of age.
Existing state law provides that the juvenile, probate, and family
divisions of the superior court have jurisdiction to make judicial
determinations regarding the custody and care of juveniles within the
meaning of the federal Immigration and Nationality Act. Existing law
also requires the court, upon request, to make the necessary
findings regarding special immigrant juvenile status if there is
evidence to support those findings, as specified.
Existing law also establishes the jurisdiction of the probate
court. Existing law regulates the establishment and termination of
guardianships in probate court, and specifies that a guardian has the
care, custody, and control of a ward.
Existing law provides that a relative or other person on behalf of
a minor, or a minor if he or she is 12 years of age or older, may
file a petition for the appointment of a guardian of the person or
estate of the minor. Existing law also provides that a guardianship
of the person or estate terminates when the ward attains majority or
dies, or is adopted or emancipated, as specified.
This bill would authorize a court to appoint a guardian of the
person of an unmarried individual who is 18 years of age or older,
but who has not yet attained 21 years of age in connection with a
petition to make the necessary findings regarding special immigrant
juvenile status, as specified, if the proposed ward consents. This
bill would also authorize a court to extend a guardianship of the
person of a ward beyond 18 years of age, as specified, if the ward so
requests or consents. The bill would also provide that a
guardianship of the person terminates after the ward attains majority
unless the ward consents to, or requests the extension of, the
guardianship of the person until he or she is 21 years of age, as
specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) California law grants the superior courts jurisdiction to make
judicial determinations regarding the custody and care of children
within the meaning of the federal Immigration and Nationality Act,
including the juvenile, probate, and family court divisions of the
superior court. These courts are empowered to make the findings
necessary for a child to petition the United States Citizenship and
Immigration Services for classification as a special immigrant
juvenile under federal law.
(2) Special immigrant juvenile status, under the federal
Immigration and Nationality Act, offers interim relief from
deportation to undocumented immigrant children under 21 years of age,
if a state juvenile court has made specific findings.
(3) The findings necessary for a child to petition for
classification as a special immigrant juvenile include, among others,
a finding that reunification with one or both parents is not viable
due to abuse, neglect, abandonment, or a similar basis under state
law, and a finding that it is not in the child's best interest to be
returned to his or her country of origin.
(4) Despite recent changes to law that eliminate ambiguity
regarding the jurisdiction of superior courts to make the findings
necessary to petition for special immigrant juvenile status,
misalignment between state and federal law continues to exist.
(5) Federal law allows a person under 21 years of age, who
otherwise meets the requirements for special immigrant juvenile
status, to file for relief as a special immigrant juvenile. In
California, however, individuals who are between 18 and 21 years of
age have largely been unable to obtain the findings from the superior
court necessary to seek special immigrant juvenile status and the
relief that it was intended to afford them, solely because probate
courts cannot take jurisdiction of individuals 18 years of age or
older by establishing a guardianship of the person. This is true
despite the fact that many unaccompanied immigrant youth between 18
and 21 years of age face circumstances identical to those faced by
their younger counterparts.
(6) Given the recent influx of unaccompanied immigrant children
arriving to the United States, many of whom have been released to
family members and other adults in California and have experienced
parental abuse, neglect, or abandonment, it is necessary to provide
an avenue for these unaccompanied children to petition the probate
courts to have a guardian of the person appointed beyond reaching 18
years of age. This is particularly necessary in light of the
vulnerability of this class of unaccompanied youth, and their need
for a custodial relationship with a responsible 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.
(7) Guardianships of the person may be necessary and convenient
for these individuals between 18 and 21 years of age, although a
youth for whom a guardian has been appointed retains the rights that
an adult may have under California law.
(b) It is the intent of the Legislature to give the probate court
jurisdiction to appoint a guardian for a person between 18 and 21
years of age in connection with a special immigrant juvenile status
petition. It is further the intent of the Legislature to provide an
avenue for a person between 18 and 21 years of age to have a guardian
of the person appointed beyond 18 years of age in conjunction with a
request for the findings necessary to enable the person to petition
the United States Citizenship and Immigration Services for
classification as a special immigrant juvenile.
SEC. 2. Section 1490 of the Probate Code is amended to read:
1490. Except as set forth in Section 1510.1, when used in any
statute of this state with reference to an adult or to the person of
a married minor, "guardian" means the conservator of that adult or
the conservator of the person in case of the married minor.
SEC. 3. Section 1510.1 is added to the Probate Code, to read:
1510.1. (a) (1) With the consent of the proposed ward, the court
may appoint a guardian of the person for an unmarried individual who
is 18 years of age or older, but who has not yet attained 21 years of
age in connection with a petition to make the necessary findings
regarding special immigrant juvenile status pursuant to subdivision
(b) of Section 155 of the Code of Civil Procedure.
(2) A petition for guardianship of the person of a proposed ward
who is 18 years of age or older, but who has not yet attained 21
years of age may be filed by a relative or any other person on behalf
of the proposed ward, or the proposed ward.
(b) (1) At the request of, or with the consent of, the ward, the
court may extend an existing guardianship of the person for a ward
past 18 years of age, for purposes of allowing the ward to complete
the application process with the United States Citizenship and
Immigration Services for classification as a special immigrant
juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of the United
States Code.
(2) A relative or any other person on behalf of a ward, or the
ward, may file a petition to extend the guardianship of the person
for a period of time not to extend beyond the ward reaching 21 years
of age.
(c) This section does not authorize the guardian to abrogate any
of the rights that a person who has attained 18 years of age may have
as an adult under state law, including, but not limited to,
decisions regarding the ward's medical treatment, education, or
residence, without the ward's express consent.
(d) For purposes of this division, the terms "child," "minor," and
"ward" 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.
(e) The Judicial Council shall, by July 1, 2016, adopt any rules
and forms needed to implement this section.
SEC. 4. Section 1600 of the Probate Code is amended to read:
1600. (a) A guardianship of the person or estate or both
terminates when the ward attains majority unless, pursuant to Section
1510.1, the ward requests the extension of, or consents to the
extension of, the guardianship of the person until the ward attains
21 years of age.
(b) A guardianship of the person terminates upon the death of the
ward, the adoption of the ward, or upon the emancipation of the ward
under Section 7002 of the Family Code.
SEC. 5. Section 1601 of the Probate Code is amended to read:
1601. Upon petition of the guardian, a parent, the minor ward,
or, in the case of an Indian child custody proceeding, an Indian
custodian or the ward's tribe, the court may make an order
terminating the guardianship if the court determines that it is in
the ward's best interest to terminate the guardianship. Upon petition
of a ward who is 18 years of age or older, the court shall make an
order terminating the guardianship. Notice of the hearing on the
petition shall be given for the period and in the manner provided in
Chapter 3 (commencing with Section 1460) of Part 1.
