BILL NUMBER: AB 900 AMENDED
BILL TEXT
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 Section 1600 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, 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.
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 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 continue
extend a guardianship of the person of a ward beyond 18 years
of age, as specified, if the ward so requests or consents.
This The bill would also provide that
a guardianship of the person terminates after the ward attains
majority unless the ward consents to the continuation of
to, or requests the extension of, the
guardianship of the person until he or she is 21 years of age, as
specified.
Vote: majority. Appropriation: no. Fiscal committee: 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.
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. When 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. 2. 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 older than 18 years of age and younger than
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 older than 18 years of age and younger than
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) With At the request of, or with
the consent of of, the ward, the
court may continue the extend an existing
guardianship of the person for the ward beyond
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 continue 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 abrogate any other rights that a person
who has attained 18 years of age may have as an adult under state
law. Notwithstanding Sections 2352 and 2353, a ward who has attained
18 years of age retains all of his or her legal decisionmaking
authority as an adult.
(c) Notwithstanding Section 6500 of the Family Code, for
(d) 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
who, pursuant to this section, consents to the
appointment of a guardian or continuation
extension of a guardianship after he or she attains 18 years of
age pursuant to this section. age.
(d)
(e) The Judicial Council shall
shall, by July 1, 2016, adopt any rules and forms needed to
implement this section.
SEC. 3. 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
unless, pursuant to Section 1510.1, the ward requests
the extension of, or consents to the continuation of
extension of, the guardianship of the person
until the ward attains 21 years of age pursuant to Section
1510.1. 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 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. the
guardianship, or in the case of a guardianship of a ward
who is 18 years of age or older, if the ward requests that the
guardianship be terminated. 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.