AB 2224: Special immigrant juvenile status: court orders and guardianship.

Existing federal law establishes a procedure for providing certain immigrants with the classification of special immigrant juvenile status (SIJS) and authorizes those persons to apply for an adjustment of status to that of a lawful permanent resident within the United States. Under federal law, SIJS criteria include, among other things, that the immigrants reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis found under state law, and for whom it would not be in their best interest to be returned to their or their parents previous country of nationality or country of last habitual residence. Under existing state law, a superior court has jurisdiction to make the factual findings necessary to enable a child to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile under those federal provisions.

If a court grants an order that includes the determinations regarding SIJS, and the person who requested the determinations has submitted a request for expedited processing accompanied by a properly conformed proposed order, the bill would require the court to provide the person who requested the determinations with a certified copy of the order within 3 court days of the date of the hearing at which the determinations were made, or the date the proposed order was submitted, whichever is later.

Existing law authorizes the probate court to appoint a guardian of the person of an unmarried individual who is 18 years of age or older, but who has not yet attained 21 years of age, in connection with a petition to make the necessary findings regarding SIJS, as specified, if the proposed ward consents. Existing law authorizes the petition for guardianship to be filed by a parent, relative, or any other person on behalf of the proposed ward, or by the proposed ward.

This bill would authorize a court to appoint a parent as the guardian of the person of their unmarried child who is 18 years of age or older, but who has not yet attained 21 years of age, under those provisions. The bill would also make technical and conforming changes to related provisions.