Amended in Assembly April 23, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 900

Introduced by Assembly Member Levine

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(Coauthor: Assembly Member Alejo)

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(Coauthor: Senator Hall)

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February 26, 2015

An act to amend begin delete Section 1600 end delete begin insert Sections 1490, 1600, and 1601 end insert 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 begin delete older than 18 years of age and younger than end delete begin insert 18 years of age or older, but who has not yet attained end insert 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 begin delete continue end delete begin insert extend end insert a guardianship of the person of a ward beyond 18 years of age, as specified, if the ward begin insert so requests or end insert consents. begin delete This end delete begin insert The end insert bill would also provide that a guardianship of the person terminates after the ward attains majority unless the ward consents begin delete to the continuation of end delete begin insert to, or requests the extension of, end insert 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:

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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.

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begin insert SECTION 1. end insert   

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(a) The Legislature finds and declares all of the
following:

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(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.

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(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.

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(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.

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(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.

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(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.

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(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.

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(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.

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(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.

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begin insert SEC. 2. end insert   

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begin insert Section 1490 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

1490.  

begin delete When end delete begin insert Except as set forth in Section 1510.1, when end insert 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.

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begin insert SEC. 3. end insert   

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 begin delete older than 18 years of age and younger than end delete begin insert 18
years of age or older, but who has not yet attained end insert 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 begin delete older than 18 years of age and younger than end delete begin insert 18 years of
age or older, but who has not yet attained end insert 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)  begin delete With end delete begin insert At the request of, or with end insert the consent begin delete of end delete begin insert of, end insert the
ward, the court may begin delete continue the end delete begin insert extend an existing end insert guardianship
of the person for begin delete the ward beyond end delete begin insert a ward past end insert 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 begin delete continue end delete begin insert extend end insert the guardianship of
the person for a period of time not to extend beyond the ward
reaching 21 years of age.

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(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.

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(c) Notwithstanding Section 6500 of the Family Code, for

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begin insert (d) end insert begin insert   end insert begin insert For end insert purposes of this part, the terms “child,” “minor,” and
“ward” include an unmarried individual who is younger than 21
years of age and begin delete who end delete begin insert who, pursuant to this section, end insert consents to
the appointment of a guardian or begin delete continuation end delete begin insert extension end insert of a
guardianship after he or she attains 18 years of begin delete age pursuant to this
section. end delete begin insert age. end insert

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(d)

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begin insert (e) end insert  The Judicial Council begin delete shall end delete begin insert shall, by July 1, 2016, end insert adopt any
rules and forms needed to implement this section.

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begin insert SEC. 4. end insert   

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 begin delete unless end delete begin insert unless, pursuant
to Section 1510.1, end insert the ward begin insert requests the extension of, or end insert consents
to the begin delete continuation of end delete begin insert extension of, end insert the guardianship of the person
until the ward attains 21 years of begin delete age pursuant to Section 1510.1. end delete
begin insert age. end insert

(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.

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begin insert SEC. 5. end insert   

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begin insert Section 1601 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

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 begin delete the guardianship. end delete begin insert the end insert begin insert 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. end insert 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.