Bill Text: TX HB496 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to authorizing a suit to declare that certain young people have been abused, neglected, or abandoned and extending the jurisdiction of certain courts making such a declaration.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-04-29 - Left pending in committee [HB496 Detail]
Download: Texas-2013-HB496-Introduced.html
| 83R1604 MCK-F | ||
| By: Hernandez Luna | H.B. No. 496 | |
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| relating to authorizing a suit to declare that certain young people | ||
| have been abused, neglected, or abandoned and extending the | ||
| jurisdiction of certain courts making such a declaration. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 2, Family Code, is amended by adding | ||
| Subtitle D to read as follows: | ||
| SUBTITLE D. SPECIAL DECLARATORY ACTIONS | ||
| CHAPTER 46. SPECIAL IMMIGRANT STATUS | ||
| Sec. 46.001. DEFINITION. In this chapter, "young adult" | ||
| means a person who is at least 18 years of age and younger than 21 | ||
| years of age. | ||
| Sec. 46.002. PETITION FOR COURT DECLARATION. A young adult | ||
| who is not a citizen or permanent resident of the United States may | ||
| file a suit requesting the court to declare that the young adult has | ||
| been abused, neglected, or abandoned and otherwise meets the | ||
| requirements for special immigrant status as defined by 8 U.S.C. | ||
| Section 1101(a)(27)(J). The suit may be filed in a court that has | ||
| family law jurisdiction. | ||
| Sec. 46.003. COURT ORDER. The court, on presentation of | ||
| proper evidence, shall render an order declaring that: | ||
| (1) the young adult is court-dependent; | ||
| (2) reunification with one or both of the young adult's | ||
| parents is not viable due to abuse, neglect, or abandonment, as | ||
| defined by state or federal law; and | ||
| (3) it is not in the young adult's best interest to be | ||
| returned to the young adult's or the parent's previous country of | ||
| origin or country of last habitual residence. | ||
| Sec. 46.004. EXTENDED JURISDICTION. A court that renders | ||
| an order under this chapter may retain jurisdiction over the young | ||
| adult until the earliest of: | ||
| (1) the young adult's 21st birthday; | ||
| (2) the date the young adult is granted lawful | ||
| permanent resident status; | ||
| (3) the date an appeal of the denial of an application | ||
| for permanent residency based on a petition for special immigrant | ||
| status is denied; or | ||
| (4) if an appeal described by Subdivision (3) is not | ||
| filed, the day after the last day to file an appeal of the denial of | ||
| an application for permanent residency based on a petition for | ||
| special immigrant status. | ||
| Sec. 46.005. EXPIRATION. This subtitle expires August 31, | ||
| 2019. | ||
| SECTION 2. Chapter 51, Family Code, is amended by adding | ||
| Section 51.0413 to read as follows: | ||
| Sec. 51.0413. EXTENDED JURISDICTION. (a) The court | ||
| retains jurisdiction over a person with respect to issues relating | ||
| to the person's special immigrant status if an application seeking | ||
| special immigrant status as defined by 8 U.S.C. Section | ||
| 1101(a)(27)(J) has been filed with the appropriate federal | ||
| authority on behalf of the person. | ||
| (b) The court retains jurisdiction under this section until | ||
| the earliest of: | ||
| (1) the person's 21st birthday; | ||
| (2) the date the person is granted lawful permanent | ||
| resident status; | ||
| (3) the date an appeal of the denial of an application | ||
| for permanent residency based on a petition for special immigrant | ||
| status is denied; or | ||
| (4) if an appeal described by Subdivision (3) is not | ||
| filed, the day after the last day to file an appeal of the denial of | ||
| an application for permanent residency based on a petition for | ||
| special immigrant status. | ||
| (c) This section expires August 31, 2019. | ||
| SECTION 3. Subchapter A, Chapter 155, Family Code, is | ||
| amended by adding Section 155.006 to read as follows: | ||
| Sec. 155.006. EXTENDED JURISDICTION. (a) If an | ||
| application seeking special immigrant status as defined by 8 U.S.C. | ||
| Section 1101(a)(27)(J) has been filed with the appropriate federal | ||
| authority on behalf of a child over whom the court has continuing, | ||
| exclusive jurisdiction, the court may extend the court's | ||
| jurisdiction over the child after the child's 18th birthday until | ||
| the earliest of: | ||
| (1) the child's 21st birthday; | ||
| (2) the date the child is granted lawful permanent | ||
| resident status; | ||
| (3) the date an appeal of the denial of an application | ||
| for permanent residency based on a petition for special immigrant | ||
| status is denied; or | ||
| (4) if an appeal described by Subdivision (3) is not | ||
| filed, the day after the last day to file an appeal of the denial of | ||
| an application for permanent residency based on a petition for | ||
| special immigrant status. | ||
| (b) The court's jurisdiction under this section is limited | ||
| to issues relating to the child's special immigrant status. | ||
| (c) This section expires August 31, 2019. | ||
| SECTION 4. Subchapter A, Chapter 262, Family Code, is | ||
| amended by adding Section 262.0021 to read as follows: | ||
| Sec. 262.0021. EXTENDED JURISDICTION. (a) If an | ||
| application seeking special immigrant status as defined by 8 U.S.C. | ||
| Section 1101(a)(27)(J) has been filed with the appropriate federal | ||
| authority on behalf of a child over whom the court has jurisdiction | ||
| under this subtitle, the court may extend the court's jurisdiction | ||
| over the child after the child's 18th birthday until the earliest | ||
| of: | ||
| (1) the child's 21st birthday; | ||
| (2) the date the child is granted lawful permanent | ||
| resident status; | ||
| (3) the date an appeal of the denial of an application | ||
| for permanent residency based on a petition for special immigrant | ||
| status is denied; or | ||
| (4) if an appeal described by Subdivision (3) is not | ||
| filed, the day after the last day to file an appeal of the denial of | ||
| an application for permanent residency based on a petition for | ||
| special immigrant status. | ||
| (b) The court's jurisdiction under this section is limited | ||
| to issues relating to the child's special immigrant status. | ||
| (c) This section expires August 31, 2019. | ||
| SECTION 5. Subchapter C, Chapter 72, Government Code, is | ||
| amended by adding Section 72.031 to read as follows: | ||
| Sec. 72.031. COLLECTION OF DATA RELATING TO SPECIAL | ||
| IMMIGRANT STATUS. (a) In this section, "young adult" has the | ||
| meaning assigned by Section 46.001, Family Code. | ||
| (b) The office shall track the number of cases in which a | ||
| young adult has requested a court order relating to the young | ||
| adult's special immigrant status. | ||
| (c) The office shall develop a form to be used to report | ||
| information under Subsection (b). The office shall make the form | ||
| available on the office's Internet website. The form must include | ||
| the following information for each case: | ||
| (1) the date the petition in a declaratory action | ||
| under Chapter 46, Family Code, or a motion requesting a court order | ||
| described by Subsection (b) is filed and the date the court order is | ||
| signed; | ||
| (2) the county in which a petition or motion described | ||
| by Subdivision (1) is filed; | ||
| (3) the age of the young adult on the date the petition | ||
| or motion described by Subdivision (1) is filed; | ||
| (4) the young adult's country of origin, if known; and | ||
| (5) whether the young adult is receiving services from | ||
| the Department of Family and Protective Services. | ||
| (d) The office may not collect any personally identifiable | ||
| information relating to the young adult, including the young | ||
| adult's name, the young adult's address, or the case number of the | ||
| declaratory action. | ||
| (e) The attorney representing a young adult in a case | ||
| described by Subsection (b) shall complete the form and file the | ||
| form with the clerk of the court. On receipt of a completed form, | ||
| the clerk shall stamp the form with the date the form was received | ||
| and send the form to the office. | ||
| (f) This section expires August 31, 2019. | ||
| SECTION 6. A proceeding commenced as a result of a petition | ||
| filed before August 31, 2019, under Chapter 46, Family Code, as | ||
| added by this Act, or a motion requesting a court order relating to | ||
| a young adult's special immigrant status filed under the | ||
| jurisdiction created by Section 51.0413, 155.006, or 262.0021, | ||
| Family Code, as added by this Act, before that date shall continue | ||
| under the law as it existed on the date the petition or motion was | ||
| filed, and that law continues in effect for that purpose. | ||
| SECTION 7. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2013. | ||
