BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 900| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 900 Page 2 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. AB 900 Page 3 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. AB 900 Page 4 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 AB 900 Page 5 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 AB 900 Page 6 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 AB 900 Page 7 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 AB 900 Page 8 **** END ****