BILL NUMBER: AB 900	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 26, 2015

   An act to amend Section 155 of the Code of Civil Procedure,
relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 900, as introduced, 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.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  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
 children   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)  That reunification   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)  That it   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.