Bill Text: TX SB1403 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the jurisdiction of a court to hear and determine issues regarding a child seeking special immigrant juvenile status.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-14 - Referred to State Affairs [SB1403 Detail]
Download: Texas-2019-SB1403-Introduced.html
86R6220 MCK-D | ||
By: Rodríguez | S.B. No. 1403 |
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relating to the jurisdiction of a court to hear and determine issues | ||
regarding a child seeking special immigrant juvenile status. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 24, Government Code, is | ||
amended by adding Section 24.0105 to read as follows: | ||
Sec. 24.0105. JURISDICTION REGARDING SPECIAL IMMIGRANT | ||
JUVENILE STATUS. (a) In this section: | ||
(1) "Abandonment" means leaving a child at a location | ||
without providing for the child's reasonable and necessary care or | ||
supervision. | ||
(2) "Abuse" has the meaning assigned by Section | ||
261.001, Family Code. | ||
(3) "Child" means an unmarried person who is younger | ||
than 21 years of age. | ||
(4) "Dependent on the court" means a child who does not | ||
have available a parent or guardian to provide custody and care of | ||
the child due to abuse, neglect, abandonment, or similar treatment | ||
by at least one parent of the child. | ||
(5) "Neglect" has the meaning assigned by Section | ||
261.001, Family Code. | ||
(b) A district court may hear and determine issues and make | ||
findings relating to a child seeking special immigrant juvenile | ||
status as defined by Section 1101(a)(27)(J) of the federal | ||
Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.). | ||
(c) In a suit under Title 3, 4, or 5, Family Code, a child | ||
who is a party to the suit may file a petition or motion asking the | ||
court to make the findings described by Subsection (d) to enable the | ||
child to apply for special immigrant juvenile status with the | ||
United States Citizenship and Immigration Services. | ||
(d) The court, on presentation of proper evidence, | ||
including a declaration by the child who is the subject of the | ||
petition or motion, shall render an order declaring that: | ||
(1) the child is dependent on the court or has been | ||
legally committed to, or placed under the custody of, a state agency | ||
or person appointed by the court; | ||
(2) reunification of the child with one or both of the | ||
child's parents is not viable due to abuse, neglect, or | ||
abandonment, or similar treatment under the laws of this state; and | ||
(3) it is not in the child's best interest to be | ||
returned to the child's or the parent's previous country of | ||
nationality or country of last habitual residence. | ||
(e) The court shall include in the order the date on which: | ||
(1) the child's dependency, commitment, or custody is | ||
ordered; and | ||
(2) the court determines that reunification of the | ||
child with one or both of the child's parents is not viable. | ||
(f) A district court may not: | ||
(1) make any additional findings regarding: | ||
(A) the child's asserted, purported, or | ||
perceived motivation in seeking special immigrant juvenile status; | ||
or | ||
(B) the asserted, purported, or perceived | ||
motivation of the person filing the petition or motion on the | ||
child's behalf; or | ||
(2) include or reference any asserted, purported, or | ||
perceived motivation as a part of its findings under this section. | ||
(g) The court shall seal records concerning an order issued | ||
under this section and ensure that the court's records are not open | ||
for inspection by any person except: | ||
(1) the court; | ||
(2) the child who is the subject of the proceeding and | ||
the child's attorney and guardian; and | ||
(3) a party to the proceeding and the party's attorney. | ||
(h) The supreme court may adopt rules necessary to implement | ||
this section. | ||
SECTION 2. This Act takes effect September 1, 2019. |