BILL NUMBER: AB 900	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 26, 2015

   An act to amend Section  155 of the Code of Civil
Procedure,    1600 of, and to add Section 1510.1 to, the
Probate Code,   relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 900, as amended, 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. 
   This bill would make technical, nonsubstantive changes to these
provisions.  
   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 older than 18 years of age
and younger than 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 continue a guardianship of the person of a
ward beyond 18 years of age, as specified, if the ward consents. This
bill would also provide that a guardianship of the person terminates
after the ward attains majority unless the ward consents to the
continuation of the guardianship of the person until he or she is 21
years of age, as specified. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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 recognizes that superior courts have
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 to enable a child to petition the United
States Citizenship and Immigration Services for classification as a
special immigrant juvenile under federal law.  
   (2) The findings necessary to enable a child to petition for
classification as a special immigrant juvenile include, among other
things, a finding that reunification is not viable with one or both
parents due to abuse, neglect, abandonment, or a similar basis, and
that it is not in the child's best interest to be returned to his or
her country of origin.  
   (3) 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. 

   (4) 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 older than 18 years of age
and younger than 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.  
   (5) 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.  
   (6) Guardianships of the person for persons older than 18 years of
age and younger than 21 years of age may be necessary and convenient
for individuals petitioning the court for a guardianship of the
person in conjunction with a request for the findings necessary to
enable the child to petition United States Citizenship and
Immigration Services for classification as a special immigrant
juvenile.  
   (b) It is the intent of the Legislature to give the probate court
jurisdiction to appoint a guardian over a person older than 18 years
of age and younger than 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 older than 18 years of
age and younger than 21 years of age to petition 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 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 older than 18 years of age and younger than 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 older than 18 years of age and younger than 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) With the consent of the ward, the court may continue the
guardianship of the person for the ward beyond 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 continue the guardianship of the person
for a period of time not to extend beyond the ward reaching 21 years
of age.
   (c) Notwithstanding Section 6500 of the Family Code, for purposes
of this part, the terms "child," "minor," and "ward" include an
unmarried individual who is younger than 21 years of age and who
consents to the appointment of a guardian or continuation of a
guardianship after he or she attains 18 years of age pursuant to this
section.
   (d) The Judicial Council shall adopt any rules and forms needed to
implement this section. 
   SEC. 3.    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  or dies. 
 unless the ward consents to the continuation of the
guardianship of the person until the ward attains 21 years of age
pursuant to Section 1510.1. 
   (b) A guardianship of the person terminates upon the  death of
the ward, the  adoption of the  ward  
ward,  or upon the emancipation of the ward under 
Section7002   Section 7002  of the Family Code.

  SECTION 1.    Section 155 of the Code of Civil
Procedure is amended to read:
   155.  (a) A superior court has jurisdiction under California law
to make judicial determinations regarding the custody and care of a
child within the meaning of the federal Immigration and Nationality
Act (8 U.S.C. Sec. 1101(a)(27)(J) and 8 C.F.R. Sec. 204.11), which
includes, but is not limited to, the juvenile, probate, and family
court divisions of the superior court. These courts may make the
findings necessary to enable a child to petition the United States
Citizenship and Immigration Service for classification as a special
immigrant juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of
the United States Code.
   (b) (1) If an order is requested from the superior court making
the necessary findings regarding special immigrant juvenile status
pursuant to Section 1101(a)(27)(J) of Title 8 of the United States
Code, and there is evidence to support those findings, which may
consist of, but is not limited to, a declaration by the child who is
the subject of the petition, the court shall issue the order, which
shall include all of the following findings:
   (A) The child was either of the following:
   (i) Declared a dependent of the court.
   (ii) Legally committed to, or placed under the custody of, a state
agency or department, or an individual or entity appointed by the
court. The court shall indicate the date on which the dependency,
commitment, or custody was ordered.
   (B) Reunification of the child with one or both of the child's
parents was determined not to be viable because of abuse, neglect,
abandonment, or a similar basis pursuant to California law. The court
shall indicate the date on which reunification was determined not to
be viable.
   (C) It is not in the best interest of the child to be returned to
the child's, or his or her parent's, previous country of nationality
or country of last habitual residence.
   (2) If requested by a party, the court may make additional
findings that are supported by evidence.
   (c) In any judicial proceedings in response to a request that the
superior court make the findings necessary to support a petition for
classification as a special immigrant juvenile, information regarding
the child's immigration status that is not otherwise protected by
state confidentiality laws shall remain confidential and shall be
available for inspection only by the court, the child who is the
subject of the proceeding, the parties, the attorneys for the
parties, the child's counsel, and the child's guardian.
   (d) In any judicial proceedings in response to a request that the
superior court make the findings necessary to support a petition for
classification as a special immigrant juvenile, records of the
proceedings that are not otherwise protected by state confidentiality
laws may be sealed using the procedure set forth in California Rules
of Court 2.550 and 2.551.
   (e) The Judicial Council shall adopt any rules and forms needed to
implement this section.