AB 1412

Bill Subjects

Abstract

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 they are under 21 years of age. Existing state law provides that the superior court, including, but not limited to, the juvenile, probate, and family court divisions of the superior court, have jurisdiction to make judicial determinations regarding the custody and care of juveniles within the meaning of those provisions 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, as specified. This bill would establish a procedure to be used by the family court division of the superior court in making those determinations and findings when a petition to do so is filed independently of any other action or filed as part of a family law proceeding. The bill would, among other things, authorize a hearing, trial, and records pertaining to these petitions to be confidential, provided that there is no filing fee for any papers related to these petitions, and require hearings on these petitions to have priority over all other matters. The bill would make the denial of a petition filed under these provisions subject to appellate review as an emergency application for a writ of mandate. The bill would also authorize the probate division of the superior court to use these procedures when a petition to make the judicial determinations and factual findings is filed in a probate proceeding. The bill would require the Judicial Council, by July 1, 2020, to promulgate forms and instructions for filing a petition pursuant to these provisions and modify existing forms, instructions, or rules of court to conform with these provisions. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.