AB 1261: Immigration: immigrant youth: access to legal counsel.

Existing law, subject to available funding, requires the State Department of Social Services to contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied undocumented minors who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state or are residing with a family member or other sponsor. Existing law requires contracts awarded pursuant to the above-described provision to be executed with qualified nonprofit legal services organizations that meet certain requirements, including having experience representing individuals in removal proceedings and asylum applications.

This bill would, subject to available funding, provide legal counsel to immigrant youth in the State of California. The bill would define immigrant youth. The bill would require the department to allocate funding for these purposes, and would require the department to consider whether federal funding has been made available and dispersed to organizations or relevant projects in the state in determining the amount and allocation of contracts awarded. The bill would require the department to contract with qualified nonprofit legal services organizations that meet the above-described requirements or an office of the public defender that meets certain requirements. The bill would also authorize the department to fund social work services contracted by qualified nonprofit legal services organizations to assist immigrant youth.