California State Legislature
|Bill Title||Guardianships: special immigrant juvenile status.|
|Hispanic Sponsors||CA Assemb. Lorena Gonzalez Fletcher (D-CA-080)|
|NHCSL Task Force||
|Primary Issue Area||Law|
Administrative law and government organization
|Session||2017-2018 Regular Session|
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. Existing law 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 authorizes the 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 special immigrant juvenile status, as specified, if the proposed ward consents. Existing law authorizes the petition for guardianship to be filed by a relative or any other person on behalf of the proposed ward, or by the proposed ward. This bill would clarify that a parent is authorized to file a petition for guardianship of the proposed ward under those provisions.
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