CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1324Introduced by Assembly Member LevineFebruary 22, 2019 An act to amend Sections 13300 and 13301 of, and to add Section 366.06 to, the Welfare and Institutions Code, relating to foster children. LEGISLATIVE COUNSEL'S DIGESTAB 1324, as introduced, Levine. Foster children: immigration counsel.Existing law requires the State Department of Social Services, subject to the availability of funding, to contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied, undocumented minors, as defined, who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state.This bill would additionally require the department, subject to the availability of funding, to contract with nonprofit legal services organizations to provide legal services to children who are undocumented immigrants in foster care and specify the required qualifications for those nonprofit legal services organizations.Existing law requires the status of every dependent child in foster care to be reviewed periodically, as determined by the court, but no less frequently than once every 6 months and requires that a supplemental report be filed as part of that review.The bill would also require social workers to include in any reports to the juvenile court regarding a dependent child who is an undocumented immigrant specified information relating to the minors immigration matter. By imposing additional duties on county social workers, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) Almost all undocumented children in foster care qualify for immigration relief, but that relief is difficult to obtain without an attorney, especially in the current political climate.(2) Children who emancipate from foster care without submitting an application for Special Juvenile Immigrant Status are unable to apply later and will subsequently be unable to work and to successfully transition to adulthood.(3) Section 391 of the Welfare and Institutions Code requires that, prior to terminating dependency jurisdiction over a nonminor, the county welfare department ensure that, when applicable, a nonminor is provided with proof of citizenship or legal residency.(b) It is the intent of the Legislature in enacting this act to create accountability in ensuring that foster children emancipating from foster care have received all immigration relief to which they are entitled. It is further the intent of the Legislature to identify a source of funding to enable counties to provide immigration counsel to all children in foster care.SEC. 2. Section 366.06 is added to the Welfare and Institutions Code, to read:366.06. In all cases in which a minor who is an undocumented immigrant is adjudged a dependent child of the court on the ground that the minor is a person described by Section 300, the social worker shall include in all reports made to the court concerning the child a description of the efforts made to assist the minor with obtaining legal counsel and any immigration relief to which the minor is entitled and the status of any immigration matter concerning the minor.SEC. 3. Section 13300 of the Welfare and Institutions Code is amended to read:13300. (a) (1) Subject to the availability of funding in the act that added this chapter or the annual Budget Act, the department shall contract, as described in Section 13301, 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.(b)(2) Legal services provided in accordance with subdivision (a) paragraph (1) shall be for the sole purpose of providing legal representation to unaccompanied undocumented minors who are in the physical custody of the federal Office of Refugee Resettlement or who are residing with a family member or other sponsor.(b) Subject to the availability of funding in the act that added this subdivision or the annual Budget Act, the department shall contract, as described in Section 13301, with qualified nonprofit legal services organizations to provide legal services to children who are undocumented immigrants in foster care.(c) For purposes of this chapter, the term unaccompanied undocumented minors means unaccompanied alien children as defined in Section 279(g)(2) of Title 6 of the United States Code.(d) For purposes of this chapter, the term legal services includes culturally and linguistically appropriate services provided by attorneys, paralegals, interpreters and other support staff for state court proceedings, federal immigration proceedings, and any appeals arising from those proceedings.SEC. 4. Section 13301 of the Welfare and Institutions Code is amended to read:13301. Contracts awarded pursuant to Section 13300 shall fulfill all of the following:(a) Be (1) With regard to contracts awarded pursuant to subdivision (a) of Section 13300, be executed only with nonprofit legal services organizations that meet all of the following requirements:(1)(A) Have at least three years of experience handling asylum, T-Visa, U-Visa, or special immigrant juvenile status cases and have represented at least 25 individuals in these matters.(2)(B) Have experience in representing individuals in removal proceedings and asylum applications.(3)(C) Have conducted trainings on these issues for practitioners beyond their staff.(4)(D) Have experience guiding and supervising the work of attorneys whom themselves do not regularly participate in this area of the law but nevertheless work pro bono on the types of cases described in paragraph (1).(5)(E) Are accredited by the Board of Immigration Appeals under the United States Department of Justices Executive Office for Immigration Review or meet the requirements to receive funding from the Trust Fund Program administered by the State Bar of California.(2) With regard to contracts awarded pursuant to subdivision (b) of Section 13300, be executed only with nonprofit legal services organizations that meet either of the following requirements:(A) Have at least three years of experience handling special immigrant juvenile status cases and have represented at least 25 individuals in these matters.(B) Have at least three years of experience representing minors in dependency cases and have access to training and technical support on immigration matters.(b) Provide for legal services to unaccompanied undocumented minors on a fee-per-case basis, as determined by the department, which shall include all administrative and supervisory costs and court fees.(c) Require reporting, monitoring, or audits of services provided, as determined by the department.(d) Require contractors with contracts described in subdivision (a) of Section 13300 to coordinate efforts with the federal Office of Refugee Resettlement Legal Access Project in order to respond to and assist or represent unaccompanied undocumented minors who could benefit from the services provided under this chapter.(e) Require contractors to maintain adequate legal malpractice insurance and to indemnify and hold the state harmless from any claims that arise from the legal services provided pursuant to this chapter.SEC. 5. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1324Introduced by Assembly Member LevineFebruary 22, 2019 An act to amend Sections 13300 and 13301 of, and to add Section 366.06 to, the Welfare and Institutions Code, relating to foster children. LEGISLATIVE COUNSEL'S DIGESTAB 1324, as introduced, Levine. Foster children: immigration counsel.Existing law requires the State Department of Social Services, subject to the availability of funding, to contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied, undocumented minors, as defined, who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state.This bill would additionally require the department, subject to the availability of funding, to contract with nonprofit legal services organizations to provide legal services to children who are undocumented immigrants in foster care and specify the required qualifications for those nonprofit legal services organizations.Existing law requires the status of every dependent child in foster care to be reviewed periodically, as determined by the court, but no less frequently than once every 6 months and requires that a supplemental report be filed as part of that review.The bill would also require social workers to include in any reports to the juvenile court regarding a dependent child who is an undocumented immigrant specified information relating to the minors immigration matter. By imposing additional duties on county social workers, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 1324
Introduced by Assembly Member LevineFebruary 22, 2019
Introduced by Assembly Member Levine
February 22, 2019
An act to amend Sections 13300 and 13301 of, and to add Section 366.06 to, the Welfare and Institutions Code, relating to foster children.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1324, as introduced, Levine. Foster children: immigration counsel.
Existing law requires the State Department of Social Services, subject to the availability of funding, to contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied, undocumented minors, as defined, who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state.This bill would additionally require the department, subject to the availability of funding, to contract with nonprofit legal services organizations to provide legal services to children who are undocumented immigrants in foster care and specify the required qualifications for those nonprofit legal services organizations.Existing law requires the status of every dependent child in foster care to be reviewed periodically, as determined by the court, but no less frequently than once every 6 months and requires that a supplemental report be filed as part of that review.The bill would also require social workers to include in any reports to the juvenile court regarding a dependent child who is an undocumented immigrant specified information relating to the minors immigration matter. By imposing additional duties on county social workers, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires the State Department of Social Services, subject to the availability of funding, to contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied, undocumented minors, as defined, who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state.
This bill would additionally require the department, subject to the availability of funding, to contract with nonprofit legal services organizations to provide legal services to children who are undocumented immigrants in foster care and specify the required qualifications for those nonprofit legal services organizations.
Existing law requires the status of every dependent child in foster care to be reviewed periodically, as determined by the court, but no less frequently than once every 6 months and requires that a supplemental report be filed as part of that review.
The bill would also require social workers to include in any reports to the juvenile court regarding a dependent child who is an undocumented immigrant specified information relating to the minors immigration matter. By imposing additional duties on county social workers, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) Almost all undocumented children in foster care qualify for immigration relief, but that relief is difficult to obtain without an attorney, especially in the current political climate.(2) Children who emancipate from foster care without submitting an application for Special Juvenile Immigrant Status are unable to apply later and will subsequently be unable to work and to successfully transition to adulthood.(3) Section 391 of the Welfare and Institutions Code requires that, prior to terminating dependency jurisdiction over a nonminor, the county welfare department ensure that, when applicable, a nonminor is provided with proof of citizenship or legal residency.(b) It is the intent of the Legislature in enacting this act to create accountability in ensuring that foster children emancipating from foster care have received all immigration relief to which they are entitled. It is further the intent of the Legislature to identify a source of funding to enable counties to provide immigration counsel to all children in foster care.SEC. 2. Section 366.06 is added to the Welfare and Institutions Code, to read:366.06. In all cases in which a minor who is an undocumented immigrant is adjudged a dependent child of the court on the ground that the minor is a person described by Section 300, the social worker shall include in all reports made to the court concerning the child a description of the efforts made to assist the minor with obtaining legal counsel and any immigration relief to which the minor is entitled and the status of any immigration matter concerning the minor.SEC. 3. Section 13300 of the Welfare and Institutions Code is amended to read:13300. (a) (1) Subject to the availability of funding in the act that added this chapter or the annual Budget Act, the department shall contract, as described in Section 13301, 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.(b)(2) Legal services provided in accordance with subdivision (a) paragraph (1) shall be for the sole purpose of providing legal representation to unaccompanied undocumented minors who are in the physical custody of the federal Office of Refugee Resettlement or who are residing with a family member or other sponsor.(b) Subject to the availability of funding in the act that added this subdivision or the annual Budget Act, the department shall contract, as described in Section 13301, with qualified nonprofit legal services organizations to provide legal services to children who are undocumented immigrants in foster care.(c) For purposes of this chapter, the term unaccompanied undocumented minors means unaccompanied alien children as defined in Section 279(g)(2) of Title 6 of the United States Code.(d) For purposes of this chapter, the term legal services includes culturally and linguistically appropriate services provided by attorneys, paralegals, interpreters and other support staff for state court proceedings, federal immigration proceedings, and any appeals arising from those proceedings.SEC. 4. Section 13301 of the Welfare and Institutions Code is amended to read:13301. Contracts awarded pursuant to Section 13300 shall fulfill all of the following:(a) Be (1) With regard to contracts awarded pursuant to subdivision (a) of Section 13300, be executed only with nonprofit legal services organizations that meet all of the following requirements:(1)(A) Have at least three years of experience handling asylum, T-Visa, U-Visa, or special immigrant juvenile status cases and have represented at least 25 individuals in these matters.(2)(B) Have experience in representing individuals in removal proceedings and asylum applications.(3)(C) Have conducted trainings on these issues for practitioners beyond their staff.(4)(D) Have experience guiding and supervising the work of attorneys whom themselves do not regularly participate in this area of the law but nevertheless work pro bono on the types of cases described in paragraph (1).(5)(E) Are accredited by the Board of Immigration Appeals under the United States Department of Justices Executive Office for Immigration Review or meet the requirements to receive funding from the Trust Fund Program administered by the State Bar of California.(2) With regard to contracts awarded pursuant to subdivision (b) of Section 13300, be executed only with nonprofit legal services organizations that meet either of the following requirements:(A) Have at least three years of experience handling special immigrant juvenile status cases and have represented at least 25 individuals in these matters.(B) Have at least three years of experience representing minors in dependency cases and have access to training and technical support on immigration matters.(b) Provide for legal services to unaccompanied undocumented minors on a fee-per-case basis, as determined by the department, which shall include all administrative and supervisory costs and court fees.(c) Require reporting, monitoring, or audits of services provided, as determined by the department.(d) Require contractors with contracts described in subdivision (a) of Section 13300 to coordinate efforts with the federal Office of Refugee Resettlement Legal Access Project in order to respond to and assist or represent unaccompanied undocumented minors who could benefit from the services provided under this chapter.(e) Require contractors to maintain adequate legal malpractice insurance and to indemnify and hold the state harmless from any claims that arise from the legal services provided pursuant to this chapter.SEC. 5. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. (a) The Legislature finds and declares all of the following:(1) Almost all undocumented children in foster care qualify for immigration relief, but that relief is difficult to obtain without an attorney, especially in the current political climate.(2) Children who emancipate from foster care without submitting an application for Special Juvenile Immigrant Status are unable to apply later and will subsequently be unable to work and to successfully transition to adulthood.(3) Section 391 of the Welfare and Institutions Code requires that, prior to terminating dependency jurisdiction over a nonminor, the county welfare department ensure that, when applicable, a nonminor is provided with proof of citizenship or legal residency.(b) It is the intent of the Legislature in enacting this act to create accountability in ensuring that foster children emancipating from foster care have received all immigration relief to which they are entitled. It is further the intent of the Legislature to identify a source of funding to enable counties to provide immigration counsel to all children in foster care.
SECTION 1. (a) The Legislature finds and declares all of the following:(1) Almost all undocumented children in foster care qualify for immigration relief, but that relief is difficult to obtain without an attorney, especially in the current political climate.(2) Children who emancipate from foster care without submitting an application for Special Juvenile Immigrant Status are unable to apply later and will subsequently be unable to work and to successfully transition to adulthood.(3) Section 391 of the Welfare and Institutions Code requires that, prior to terminating dependency jurisdiction over a nonminor, the county welfare department ensure that, when applicable, a nonminor is provided with proof of citizenship or legal residency.(b) It is the intent of the Legislature in enacting this act to create accountability in ensuring that foster children emancipating from foster care have received all immigration relief to which they are entitled. It is further the intent of the Legislature to identify a source of funding to enable counties to provide immigration counsel to all children in foster care.
SECTION 1. (a) The Legislature finds and declares all of the following:
### SECTION 1.
(1) Almost all undocumented children in foster care qualify for immigration relief, but that relief is difficult to obtain without an attorney, especially in the current political climate.
(2) Children who emancipate from foster care without submitting an application for Special Juvenile Immigrant Status are unable to apply later and will subsequently be unable to work and to successfully transition to adulthood.
(3) Section 391 of the Welfare and Institutions Code requires that, prior to terminating dependency jurisdiction over a nonminor, the county welfare department ensure that, when applicable, a nonminor is provided with proof of citizenship or legal residency.
(b) It is the intent of the Legislature in enacting this act to create accountability in ensuring that foster children emancipating from foster care have received all immigration relief to which they are entitled. It is further the intent of the Legislature to identify a source of funding to enable counties to provide immigration counsel to all children in foster care.
SEC. 2. Section 366.06 is added to the Welfare and Institutions Code, to read:366.06. In all cases in which a minor who is an undocumented immigrant is adjudged a dependent child of the court on the ground that the minor is a person described by Section 300, the social worker shall include in all reports made to the court concerning the child a description of the efforts made to assist the minor with obtaining legal counsel and any immigration relief to which the minor is entitled and the status of any immigration matter concerning the minor.
SEC. 2. Section 366.06 is added to the Welfare and Institutions Code, to read:
### SEC. 2.
366.06. In all cases in which a minor who is an undocumented immigrant is adjudged a dependent child of the court on the ground that the minor is a person described by Section 300, the social worker shall include in all reports made to the court concerning the child a description of the efforts made to assist the minor with obtaining legal counsel and any immigration relief to which the minor is entitled and the status of any immigration matter concerning the minor.
366.06. In all cases in which a minor who is an undocumented immigrant is adjudged a dependent child of the court on the ground that the minor is a person described by Section 300, the social worker shall include in all reports made to the court concerning the child a description of the efforts made to assist the minor with obtaining legal counsel and any immigration relief to which the minor is entitled and the status of any immigration matter concerning the minor.
366.06. In all cases in which a minor who is an undocumented immigrant is adjudged a dependent child of the court on the ground that the minor is a person described by Section 300, the social worker shall include in all reports made to the court concerning the child a description of the efforts made to assist the minor with obtaining legal counsel and any immigration relief to which the minor is entitled and the status of any immigration matter concerning the minor.
366.06. In all cases in which a minor who is an undocumented immigrant is adjudged a dependent child of the court on the ground that the minor is a person described by Section 300, the social worker shall include in all reports made to the court concerning the child a description of the efforts made to assist the minor with obtaining legal counsel and any immigration relief to which the minor is entitled and the status of any immigration matter concerning the minor.
SEC. 3. Section 13300 of the Welfare and Institutions Code is amended to read:13300. (a) (1) Subject to the availability of funding in the act that added this chapter or the annual Budget Act, the department shall contract, as described in Section 13301, 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.(b)(2) Legal services provided in accordance with subdivision (a) paragraph (1) shall be for the sole purpose of providing legal representation to unaccompanied undocumented minors who are in the physical custody of the federal Office of Refugee Resettlement or who are residing with a family member or other sponsor.(b) Subject to the availability of funding in the act that added this subdivision or the annual Budget Act, the department shall contract, as described in Section 13301, with qualified nonprofit legal services organizations to provide legal services to children who are undocumented immigrants in foster care.(c) For purposes of this chapter, the term unaccompanied undocumented minors means unaccompanied alien children as defined in Section 279(g)(2) of Title 6 of the United States Code.(d) For purposes of this chapter, the term legal services includes culturally and linguistically appropriate services provided by attorneys, paralegals, interpreters and other support staff for state court proceedings, federal immigration proceedings, and any appeals arising from those proceedings.
SEC. 3. Section 13300 of the Welfare and Institutions Code is amended to read:
### SEC. 3.
13300. (a) (1) Subject to the availability of funding in the act that added this chapter or the annual Budget Act, the department shall contract, as described in Section 13301, 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.(b)(2) Legal services provided in accordance with subdivision (a) paragraph (1) shall be for the sole purpose of providing legal representation to unaccompanied undocumented minors who are in the physical custody of the federal Office of Refugee Resettlement or who are residing with a family member or other sponsor.(b) Subject to the availability of funding in the act that added this subdivision or the annual Budget Act, the department shall contract, as described in Section 13301, with qualified nonprofit legal services organizations to provide legal services to children who are undocumented immigrants in foster care.(c) For purposes of this chapter, the term unaccompanied undocumented minors means unaccompanied alien children as defined in Section 279(g)(2) of Title 6 of the United States Code.(d) For purposes of this chapter, the term legal services includes culturally and linguistically appropriate services provided by attorneys, paralegals, interpreters and other support staff for state court proceedings, federal immigration proceedings, and any appeals arising from those proceedings.
13300. (a) (1) Subject to the availability of funding in the act that added this chapter or the annual Budget Act, the department shall contract, as described in Section 13301, 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.(b)(2) Legal services provided in accordance with subdivision (a) paragraph (1) shall be for the sole purpose of providing legal representation to unaccompanied undocumented minors who are in the physical custody of the federal Office of Refugee Resettlement or who are residing with a family member or other sponsor.(b) Subject to the availability of funding in the act that added this subdivision or the annual Budget Act, the department shall contract, as described in Section 13301, with qualified nonprofit legal services organizations to provide legal services to children who are undocumented immigrants in foster care.(c) For purposes of this chapter, the term unaccompanied undocumented minors means unaccompanied alien children as defined in Section 279(g)(2) of Title 6 of the United States Code.(d) For purposes of this chapter, the term legal services includes culturally and linguistically appropriate services provided by attorneys, paralegals, interpreters and other support staff for state court proceedings, federal immigration proceedings, and any appeals arising from those proceedings.
13300. (a) (1) Subject to the availability of funding in the act that added this chapter or the annual Budget Act, the department shall contract, as described in Section 13301, 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.(b)(2) Legal services provided in accordance with subdivision (a) paragraph (1) shall be for the sole purpose of providing legal representation to unaccompanied undocumented minors who are in the physical custody of the federal Office of Refugee Resettlement or who are residing with a family member or other sponsor.(b) Subject to the availability of funding in the act that added this subdivision or the annual Budget Act, the department shall contract, as described in Section 13301, with qualified nonprofit legal services organizations to provide legal services to children who are undocumented immigrants in foster care.(c) For purposes of this chapter, the term unaccompanied undocumented minors means unaccompanied alien children as defined in Section 279(g)(2) of Title 6 of the United States Code.(d) For purposes of this chapter, the term legal services includes culturally and linguistically appropriate services provided by attorneys, paralegals, interpreters and other support staff for state court proceedings, federal immigration proceedings, and any appeals arising from those proceedings.
13300. (a) (1) Subject to the availability of funding in the act that added this chapter or the annual Budget Act, the department shall contract, as described in Section 13301, 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.
(b)
(2) Legal services provided in accordance with subdivision (a) paragraph (1) shall be for the sole purpose of providing legal representation to unaccompanied undocumented minors who are in the physical custody of the federal Office of Refugee Resettlement or who are residing with a family member or other sponsor.
(b) Subject to the availability of funding in the act that added this subdivision or the annual Budget Act, the department shall contract, as described in Section 13301, with qualified nonprofit legal services organizations to provide legal services to children who are undocumented immigrants in foster care.
(c) For purposes of this chapter, the term unaccompanied undocumented minors means unaccompanied alien children as defined in Section 279(g)(2) of Title 6 of the United States Code.
(d) For purposes of this chapter, the term legal services includes culturally and linguistically appropriate services provided by attorneys, paralegals, interpreters and other support staff for state court proceedings, federal immigration proceedings, and any appeals arising from those proceedings.
SEC. 4. Section 13301 of the Welfare and Institutions Code is amended to read:13301. Contracts awarded pursuant to Section 13300 shall fulfill all of the following:(a) Be (1) With regard to contracts awarded pursuant to subdivision (a) of Section 13300, be executed only with nonprofit legal services organizations that meet all of the following requirements:(1)(A) Have at least three years of experience handling asylum, T-Visa, U-Visa, or special immigrant juvenile status cases and have represented at least 25 individuals in these matters.(2)(B) Have experience in representing individuals in removal proceedings and asylum applications.(3)(C) Have conducted trainings on these issues for practitioners beyond their staff.(4)(D) Have experience guiding and supervising the work of attorneys whom themselves do not regularly participate in this area of the law but nevertheless work pro bono on the types of cases described in paragraph (1).(5)(E) Are accredited by the Board of Immigration Appeals under the United States Department of Justices Executive Office for Immigration Review or meet the requirements to receive funding from the Trust Fund Program administered by the State Bar of California.(2) With regard to contracts awarded pursuant to subdivision (b) of Section 13300, be executed only with nonprofit legal services organizations that meet either of the following requirements:(A) Have at least three years of experience handling special immigrant juvenile status cases and have represented at least 25 individuals in these matters.(B) Have at least three years of experience representing minors in dependency cases and have access to training and technical support on immigration matters.(b) Provide for legal services to unaccompanied undocumented minors on a fee-per-case basis, as determined by the department, which shall include all administrative and supervisory costs and court fees.(c) Require reporting, monitoring, or audits of services provided, as determined by the department.(d) Require contractors with contracts described in subdivision (a) of Section 13300 to coordinate efforts with the federal Office of Refugee Resettlement Legal Access Project in order to respond to and assist or represent unaccompanied undocumented minors who could benefit from the services provided under this chapter.(e) Require contractors to maintain adequate legal malpractice insurance and to indemnify and hold the state harmless from any claims that arise from the legal services provided pursuant to this chapter.
SEC. 4. Section 13301 of the Welfare and Institutions Code is amended to read:
### SEC. 4.
13301. Contracts awarded pursuant to Section 13300 shall fulfill all of the following:(a) Be (1) With regard to contracts awarded pursuant to subdivision (a) of Section 13300, be executed only with nonprofit legal services organizations that meet all of the following requirements:(1)(A) Have at least three years of experience handling asylum, T-Visa, U-Visa, or special immigrant juvenile status cases and have represented at least 25 individuals in these matters.(2)(B) Have experience in representing individuals in removal proceedings and asylum applications.(3)(C) Have conducted trainings on these issues for practitioners beyond their staff.(4)(D) Have experience guiding and supervising the work of attorneys whom themselves do not regularly participate in this area of the law but nevertheless work pro bono on the types of cases described in paragraph (1).(5)(E) Are accredited by the Board of Immigration Appeals under the United States Department of Justices Executive Office for Immigration Review or meet the requirements to receive funding from the Trust Fund Program administered by the State Bar of California.(2) With regard to contracts awarded pursuant to subdivision (b) of Section 13300, be executed only with nonprofit legal services organizations that meet either of the following requirements:(A) Have at least three years of experience handling special immigrant juvenile status cases and have represented at least 25 individuals in these matters.(B) Have at least three years of experience representing minors in dependency cases and have access to training and technical support on immigration matters.(b) Provide for legal services to unaccompanied undocumented minors on a fee-per-case basis, as determined by the department, which shall include all administrative and supervisory costs and court fees.(c) Require reporting, monitoring, or audits of services provided, as determined by the department.(d) Require contractors with contracts described in subdivision (a) of Section 13300 to coordinate efforts with the federal Office of Refugee Resettlement Legal Access Project in order to respond to and assist or represent unaccompanied undocumented minors who could benefit from the services provided under this chapter.(e) Require contractors to maintain adequate legal malpractice insurance and to indemnify and hold the state harmless from any claims that arise from the legal services provided pursuant to this chapter.
13301. Contracts awarded pursuant to Section 13300 shall fulfill all of the following:(a) Be (1) With regard to contracts awarded pursuant to subdivision (a) of Section 13300, be executed only with nonprofit legal services organizations that meet all of the following requirements:(1)(A) Have at least three years of experience handling asylum, T-Visa, U-Visa, or special immigrant juvenile status cases and have represented at least 25 individuals in these matters.(2)(B) Have experience in representing individuals in removal proceedings and asylum applications.(3)(C) Have conducted trainings on these issues for practitioners beyond their staff.(4)(D) Have experience guiding and supervising the work of attorneys whom themselves do not regularly participate in this area of the law but nevertheless work pro bono on the types of cases described in paragraph (1).(5)(E) Are accredited by the Board of Immigration Appeals under the United States Department of Justices Executive Office for Immigration Review or meet the requirements to receive funding from the Trust Fund Program administered by the State Bar of California.(2) With regard to contracts awarded pursuant to subdivision (b) of Section 13300, be executed only with nonprofit legal services organizations that meet either of the following requirements:(A) Have at least three years of experience handling special immigrant juvenile status cases and have represented at least 25 individuals in these matters.(B) Have at least three years of experience representing minors in dependency cases and have access to training and technical support on immigration matters.(b) Provide for legal services to unaccompanied undocumented minors on a fee-per-case basis, as determined by the department, which shall include all administrative and supervisory costs and court fees.(c) Require reporting, monitoring, or audits of services provided, as determined by the department.(d) Require contractors with contracts described in subdivision (a) of Section 13300 to coordinate efforts with the federal Office of Refugee Resettlement Legal Access Project in order to respond to and assist or represent unaccompanied undocumented minors who could benefit from the services provided under this chapter.(e) Require contractors to maintain adequate legal malpractice insurance and to indemnify and hold the state harmless from any claims that arise from the legal services provided pursuant to this chapter.
13301. Contracts awarded pursuant to Section 13300 shall fulfill all of the following:(a) Be (1) With regard to contracts awarded pursuant to subdivision (a) of Section 13300, be executed only with nonprofit legal services organizations that meet all of the following requirements:(1)(A) Have at least three years of experience handling asylum, T-Visa, U-Visa, or special immigrant juvenile status cases and have represented at least 25 individuals in these matters.(2)(B) Have experience in representing individuals in removal proceedings and asylum applications.(3)(C) Have conducted trainings on these issues for practitioners beyond their staff.(4)(D) Have experience guiding and supervising the work of attorneys whom themselves do not regularly participate in this area of the law but nevertheless work pro bono on the types of cases described in paragraph (1).(5)(E) Are accredited by the Board of Immigration Appeals under the United States Department of Justices Executive Office for Immigration Review or meet the requirements to receive funding from the Trust Fund Program administered by the State Bar of California.(2) With regard to contracts awarded pursuant to subdivision (b) of Section 13300, be executed only with nonprofit legal services organizations that meet either of the following requirements:(A) Have at least three years of experience handling special immigrant juvenile status cases and have represented at least 25 individuals in these matters.(B) Have at least three years of experience representing minors in dependency cases and have access to training and technical support on immigration matters.(b) Provide for legal services to unaccompanied undocumented minors on a fee-per-case basis, as determined by the department, which shall include all administrative and supervisory costs and court fees.(c) Require reporting, monitoring, or audits of services provided, as determined by the department.(d) Require contractors with contracts described in subdivision (a) of Section 13300 to coordinate efforts with the federal Office of Refugee Resettlement Legal Access Project in order to respond to and assist or represent unaccompanied undocumented minors who could benefit from the services provided under this chapter.(e) Require contractors to maintain adequate legal malpractice insurance and to indemnify and hold the state harmless from any claims that arise from the legal services provided pursuant to this chapter.
13301. Contracts awarded pursuant to Section 13300 shall fulfill all of the following:
(a) Be (1) With regard to contracts awarded pursuant to subdivision (a) of Section 13300, be executed only with nonprofit legal services organizations that meet all of the following requirements:
(1)
(A) Have at least three years of experience handling asylum, T-Visa, U-Visa, or special immigrant juvenile status cases and have represented at least 25 individuals in these matters.
(2)
(B) Have experience in representing individuals in removal proceedings and asylum applications.
(3)
(C) Have conducted trainings on these issues for practitioners beyond their staff.
(4)
(D) Have experience guiding and supervising the work of attorneys whom themselves do not regularly participate in this area of the law but nevertheless work pro bono on the types of cases described in paragraph (1).
(5)
(E) Are accredited by the Board of Immigration Appeals under the United States Department of Justices Executive Office for Immigration Review or meet the requirements to receive funding from the Trust Fund Program administered by the State Bar of California.
(2) With regard to contracts awarded pursuant to subdivision (b) of Section 13300, be executed only with nonprofit legal services organizations that meet either of the following requirements:
(A) Have at least three years of experience handling special immigrant juvenile status cases and have represented at least 25 individuals in these matters.
(B) Have at least three years of experience representing minors in dependency cases and have access to training and technical support on immigration matters.
(b) Provide for legal services to unaccompanied undocumented minors on a fee-per-case basis, as determined by the department, which shall include all administrative and supervisory costs and court fees.
(c) Require reporting, monitoring, or audits of services provided, as determined by the department.
(d) Require contractors with contracts described in subdivision (a) of Section 13300 to coordinate efforts with the federal Office of Refugee Resettlement Legal Access Project in order to respond to and assist or represent unaccompanied undocumented minors who could benefit from the services provided under this chapter.
(e) Require contractors to maintain adequate legal malpractice insurance and to indemnify and hold the state harmless from any claims that arise from the legal services provided pursuant to this chapter.
SEC. 5. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
SEC. 5. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
SEC. 5. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
### SEC. 5.