BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 900|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  AB 900
          Author:   Levine (D)
          Amended:  6/24/15 in Senate
          Vote:     21  

           SENATE JUDICIARY COMMITTEE:  5-1, 7/14/15
           AYES:  Jackson, Hertzberg, Leno, Monning, Wieckowski
           NOES:  Anderson
           NO VOTE RECORDED:  Moorlach

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 8/27/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza
           NOES:  Bates, Nielsen

           ASSEMBLY FLOOR:  56-23, 6/2/15 - See last page for vote

           SUBJECT:   Juveniles: special immigrant juvenile status


          SOURCE:    Bet Tzedek
                     Immigrant Legal Resource Center

          DIGEST:  This bill authorizes a court to appoint a guardian, or  
          extend a guardianship, for an unmarried individual who is  
          between 18 and 21 years of age in connection with a petition to  
          make the necessary findings regarding special immigrant juvenile  
          status, as specified, with the consent of the proposed ward.

          ANALYSIS: 
          
          Existing law:

          1)Defines, under federal law, a "special immigrant juvenile" as  








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            a person under 21 who is declared a dependent by a juvenile  
            court or committed to the custody of a state agency or a  
            court-appointed individual, whose reunification with one or  
            both of his or her parents is not viable due to abuse,  
            neglect, abandonment, or a similar basis found under state  
            law, and whose return to his or her country of nationality or  
            last habitual residence is not in his or her best interest.   
            (8 U.S.C. Sec. 1101(a)(27)(J).)

          2)Allows, under federal law, such person to obtain Special  
            Immigrant Juvenile Status (SIJS) and, based on that, apply for  
            a visa for lawful permanent residency. (8 U.S.C. Sec.   
            1153(b)(4).)

          3)Allows the court to appoint a guardian of the person, the  
            estate, or both for a child under 18 years of age, taking into  
            consideration the best interest of the proposed ward.  (Prob.  
            Code Sec. 1501 et seq.)

          4)Provides that the superior court, including a juvenile,  
            probate, or family court department or division of the  
            superior court, has jurisdiction to make judicial  
            determinations regarding the custody and care of juveniles  
            within the meaning of the federal Immigration and Nationality  
            Act, and requires the superior court to make an order  
            containing the necessary findings regarding SIJS pursuant to  
            federal law, if there is evidence to support those findings.   
            (Code Civ. Proc. Sec. 155.)

          This bill:

          1)Authorizes, with the consent of the proposed ward, a probate  
            court to establish or extend a guardianship of the person for  
            an unmarried individual, who is at least 18 years of age, but  
            not yet 21, in connection with a petition to make necessary  
            findings regarding SIJS or complete the SIJS application  
            process, as specified. 

          2)Allows the petition for guardianship, or to extend a  
            guardianship, to be filed by a relative, the proposed ward, or  
            any other person.

          3)Provides that a guardianship may not extend beyond the ward  
            reaching 21 years of age. 







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          4)Provides that nothing in the provisions above abrogates any  
            other rights that a ward who is 18 or older may have as an  
            adult under California law, including, but not limited to,  
            decisions regarding the ward's medical treatment, education,  
            or residence, without the ward's express consent. 

          5)Requires the court to terminate a guardianship upon the  
            petition of a ward who is 18 years of age or older.

          6)Defines, for the purposes of the provisions above, the terms  
            "child," "minor," and "ward" to include an unmarried  
            individual who is younger than 21 years of age and who,  
            pursuant to this section, consents to the appointment of a  
            guardian or extension of a guardianship after he or she  
            attains 18 years of age.

          7)Requires the Judicial Council to adopt necessary rules and  
            forms by July 1, 2016.

          Background
          
          Special Immigrant Juvenile Status (SIJS), found in the Federal  
          Immigration and Nationality Act, is a statutory tool enacted  
          over two decades ago to benefit immigrant children consistent  
          with accepted child welfare principles and international norms.   
          SIJS involves both federal and state law.  The federal statute  
          and regulations provide the framework, and the state courts  
          provide the details for each individual situation.  The Los  
          Angeles County Bar Association describes the interplay between  
          state and federal law in a 2012 article as follows: 

            First, a juvenile court must establish the child's  
            eligibility for immigration relief. Without the court's  
            findings, the child cannot apply for SIJS. A "juvenile  
            court," for SIJS purposes, is "a court located in the  
            United States having jurisdiction under State law to make  
            judicial determinations about the custody and care of  
            juveniles." This broad definition encompasses many  
            California courts--those that handle dependency and  
            delinquency proceedings as well as those that hear  
            guardianships, adoptions, and even family law cases. What  
            matters is the jurisdiction of California courts, not the  
            labels they use for themselves. 







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            Second, the juvenile court must have either 1) declared  
            the child dependent on the court, 2) legally committed the  
            child to, or placed the child under the custody of, an  
            agency or department of a state, or 3) legally committed  
            the child to, or placed the child under the custody of, an  
            individual or entity appointed by the court. Juvenile  
            court dependents ? meet this requirement. So too do ?  
            wards when the court vests their "care, custody and  
            control" in the probation department. A child whose  
            custody is placed with a guardian, including an  
            institutional guardian, or with a prospective adoptive  
            parent also meets this requirement. (Jackson, Special  
            Status Seekers: Through the underused SIJS process,  
            immigrant juveniles may obtain legal status, 34 (Feb.  
            2014) Los Angeles Lawyer 20, 22.)

          The court must additionally determine that reunification with  
          one or more of the child's parents is not viable due to abuse,  
          neglect, abandonment, or a similar basis under state law.   
          "Under California law, children have met this requirement when,  
          for example, their parents are deceased; their parents'  
          identities are unknown; their parents have sexually, physically,  
          or emotionally harmed them; or their parents have not provided  
          appropriate care, support, or protection. By definition,  
          SIJS-eligible children have suffered the lack of a stable and  
          safe two-parent household." (Id.) Additionally, the court must  
          find that it is not in the child's best interest, as determined  
          by state law, to return to the child's or his or her parent's  
          country of nationality. 

          Last year, in AB 873 (Budget and Fiscal Review, Chapter 685,  
          Statutes of 2014), the Legislature specifically provided that  
          superior courts can make the findings necessary for a child to  
          be eligible for SIJS.  That new law states that the superior  
          court (including a juvenile, probate, or family court) has  
          jurisdiction to make judicial determinations regarding the  
          custody and care of juveniles within the meaning of the federal  
          Immigration and Nationality Act, and requires the court to make  
          an order containing the necessary findings for SIJS, if there is  
          evidence to support them.  (Code Civ. Proc. Sec. 155.)  Thus, a  
          child in California today, who is under 18, may have the  
          necessary SIJS findings made in a juvenile court as part of a  
          dependency or delinquency proceeding, in family court as part of  







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          a custody proceeding, or in probate court as part of a  
          guardianship proceeding.  Nonminor dependents, or youths between  
          the ages of 18 and 21 under the jurisdiction of the dependency  
          court, may also qualify for SIJS status if a court makes the  
          appropriate findings.  However, for youths over 18 who are not  
          dependents of the juvenile court, there is currently no state  
          court proceeding under which the requisite findings can be made.  
           

          This bill, seeking to ensure that the courts have the ability to  
          make the findings required for all eligible youths to qualify  
          for SIJS, allows a court to extend or approve a guardianship for  
          a youth between 18 and 21 years of age. 

          Comments
          
          As stated by the author: 

             The purpose of this bill is two-fold. First, this bill  
             will provide immigrant youth a better opportunity to  
             adjust to life in California by allowing them to have an  
             adult guardian present in their lives. Second, this bill  
             will increase access to immigration relief through Special  
             Immigrant Juvenile Status (SIJS). Under federal  
             immigration law, children who cannot be reunified with one  
             or both parents because of abuse, neglect or abandonment  
             and who are unmarried and under the age of 21 may obtain  
             immigration relief through SIJS.

          FISCAL EFFECT:   Appropriation:    No          Fiscal Com.:  
          YesLocal:        No            

          According to the Senate Appropriations Committee:

           Guardianship hearings:  Potentially significant increase in  
            trial court costs in the hundreds of thousands of dollars  
            (General Fund*) for new guardianship hearings. For every 500  
            to 1,000 hearings conducted, costs would range from $500,000  
            to $1 million.
           Forms/rules:  One-time minor costs (General Fund*) for the  
            Judicial Council to establish rules and necessary forms.
           Medi-Cal benefits:  Potentially significant ongoing increase  
            in Medi-Cal program costs (Federal Fund/General Fund) for  
            guardianships established for individuals aged 19 and 20, who  







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            would otherwise not be eligible for benefits (the 2015 Budget  
            Act provides for full scope Medi-Cal for undocumented  
            immigrant youth up to age 19). According to the federal Office  
            of Refugee Resettlement, youth with pending applications for  
            SIJS as well as those approved for SIJS, are considered  
            lawfully present and eligible for medical benefits.
           CFAP benefits:  Potentially significant increase in California  
            Food Assistance Program (CFAP) benefits. For every 500 to  
            1,000 individuals, costs are estimated at $0.9 million to $1.8  
            million (General Fund) annually for food benefits and  
            administrative workload.
           CalWORKs eligibility:  Potential eligibility for the CalWORKs  
            program, if all other eligibility criteria are met. While  
            federal means-tested public benefits are not available for a  
            period of five years beginning with the date of entry with  
            status as a qualified non-citizen, CalWORKs continues to allow  
            immigrants meeting the eligibility criteria to receive  
            benefits through a state-only funded program. 
           Federal benefits:  Potential eligibility for Section 8 housing  
            and federal financial aid for college for SIJS guardianships  
            established pursuant to this measure.

          *Trial Court Trust Fund


          SUPPORT:   (Verified8/28/15)


          Bet Tzedek (co-source)
          Immigrant Legal Resource Center (co-source)
          American Immigration Lawyers Association
          Asian Americans Advancing Justice - Asian Law Caucus
          Asian Pacific Islander Legal Outreach
          Association of Pro Bono Counsel
          Bay Area Industrial Areas Foundation
          California Immigrant Policy Center 
          California Rural Legal Assistance Foundation
          Catholic Charities of the East Bay
          Catholic Legal Immigration Network
          Canal Alliance
          Central American Resource Center
          Centro Legal de la Raza
          Dolores Street Community Services
          Immigrant Rights Clinic







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          University of California, Irvine School of Law
          Immigration Center for Women and Children
          Kids in Need of Defense
          Larkin Street Legal Services
          Lawyers' Committee for Civil Rights of the San Francisco Bay  
          Area
          Legal Advocates for Children and Youth
          Legal Aid Society of San Mateo County
          Legal Services for Children
          Legal Services for Prisoners with Children
          Los Angeles Center for Law and Justice
          Loyola Immigrant Justice Clinic, Loyola Law School
          National Center for Youth Law
          Pangea Legal Services 
          Public Counsel's Children's Rights Project
          San Diego Volunteer Lawyer Program
          San Francisco International High School
          Social Justice Collaborative
          Youth Law Center

          OPPOSITION:  (Verified  8/28/15)

          None received

          ASSEMBLY FLOOR:  56-23, 6/2/15
          AYES:  Alejo, Baker, Bloom, Bonilla, Bonta, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper,  
            Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Lackey,  
            Levine, Lopez, Low, McCarty, Medina, Mullin, Nazarian,  
            O'Donnell, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams,  
            Wood, Atkins
          NOES:  Achadjian, Travis Allen, Bigelow, Brough, Dahle, Beth  
            Gaines, Gallagher, Grove, Harper, Jones, Kim, Linder,  
            Maienschein, Mathis, Mayes, Melendez, Obernolte, Olsen,  
            Patterson, Steinorth, Wagner, Waldron, Wilk
          NO VOTE RECORDED:  Chávez

          Prepared by:Nichole Rapier / JUD. / (916) 651-4113
          8/30/15 19:10:43









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