Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1261Introduced by Assembly Member BontaFebruary 21, 2025 An act to amend Section 5 of the Civil Code, relating to civil law. add Section 13300.5 to the Welfare and Institutions Code, relating to immigration.LEGISLATIVE COUNSEL'S DIGESTAB 1261, as amended, Bonta. Civil law. Immigration: unaccompanied undocumented minors: right 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.This bill would additionally require the department to contract with qualified nonprofit legal services organizations or public defenders to appoint counsel for unaccompanied undocumented minors who are in the physical custody of the federal Office of Refugee Resettlement and present in California or are residing with a family member or other of sponsor in California, as specified.Existing law provides for the construction of the Civil Code, as specified.This bill would make nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 13300.5 is added to the Welfare and Institutions Code, to read:13300.5. (a) The department shall contract with qualified nonprofit legal services organizations, as described in Section 13301, or with public defenders to appoint counsel for unaccompanied undocumented minors who are in the physical custody of the federal Office of Refugee Resettlement and present in California or are residing with a family member or other of sponsor in California.(b) The right to counsel pursuant to this section shall comply with the following requirements:(1) The right to counsel begins at the time an unaccompanied undocumented minor has been served with a notice to appear and has been placed in immigration removal proceedings.(2) The right to counsel applies in state court proceedings, federal immigration proceedings, including appearances before the United States Citizenship and Immigration Services, and any appeals arising from those proceedings.(3) The right to counsel applies unless the unaccompanied undocumented minor has retained counsel independently.(c) The department shall require contractors pursuant to this section to maintain adequate legal malpractice insurance as necessary and to indemnify and hold the state harmless from any claims that arise from the legal services provided pursuant to this section.SECTION 1.Section 5 of the Civil Code is amended to read:5.The provisions of this code, so far as they are substantially the same as existing statutes or the common law, shall be construed as continuations thereof, and not as new enactments.
Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1261Introduced by Assembly Member BontaFebruary 21, 2025 An act to amend Section 5 of the Civil Code, relating to civil law. add Section 13300.5 to the Welfare and Institutions Code, relating to immigration.LEGISLATIVE COUNSEL'S DIGESTAB 1261, as amended, Bonta. Civil law. Immigration: unaccompanied undocumented minors: right 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.This bill would additionally require the department to contract with qualified nonprofit legal services organizations or public defenders to appoint counsel for unaccompanied undocumented minors who are in the physical custody of the federal Office of Refugee Resettlement and present in California or are residing with a family member or other of sponsor in California, as specified.Existing law provides for the construction of the Civil Code, as specified.This bill would make nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 24, 2025
Amended IN Assembly March 24, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1261
Introduced by Assembly Member BontaFebruary 21, 2025
Introduced by Assembly Member Bonta
February 21, 2025
An act to amend Section 5 of the Civil Code, relating to civil law. add Section 13300.5 to the Welfare and Institutions Code, relating to immigration.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1261, as amended, Bonta. Civil law. Immigration: unaccompanied undocumented minors: right 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.This bill would additionally require the department to contract with qualified nonprofit legal services organizations or public defenders to appoint counsel for unaccompanied undocumented minors who are in the physical custody of the federal Office of Refugee Resettlement and present in California or are residing with a family member or other of sponsor in California, as specified.Existing law provides for the construction of the Civil Code, as specified.This bill would make nonsubstantive changes to that provision.
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.
This bill would additionally require the department to contract with qualified nonprofit legal services organizations or public defenders to appoint counsel for unaccompanied undocumented minors who are in the physical custody of the federal Office of Refugee Resettlement and present in California or are residing with a family member or other of sponsor in California, as specified.
Existing law provides for the construction of the Civil Code, as specified.
This bill would make nonsubstantive changes to that provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 13300.5 is added to the Welfare and Institutions Code, to read:13300.5. (a) The department shall contract with qualified nonprofit legal services organizations, as described in Section 13301, or with public defenders to appoint counsel for unaccompanied undocumented minors who are in the physical custody of the federal Office of Refugee Resettlement and present in California or are residing with a family member or other of sponsor in California.(b) The right to counsel pursuant to this section shall comply with the following requirements:(1) The right to counsel begins at the time an unaccompanied undocumented minor has been served with a notice to appear and has been placed in immigration removal proceedings.(2) The right to counsel applies in state court proceedings, federal immigration proceedings, including appearances before the United States Citizenship and Immigration Services, and any appeals arising from those proceedings.(3) The right to counsel applies unless the unaccompanied undocumented minor has retained counsel independently.(c) The department shall require contractors pursuant to this section to maintain adequate legal malpractice insurance as necessary and to indemnify and hold the state harmless from any claims that arise from the legal services provided pursuant to this section.SECTION 1.Section 5 of the Civil Code is amended to read:5.The provisions of this code, so far as they are substantially the same as existing statutes or the common law, shall be construed as continuations thereof, and not as new enactments.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 13300.5 is added to the Welfare and Institutions Code, to read:13300.5. (a) The department shall contract with qualified nonprofit legal services organizations, as described in Section 13301, or with public defenders to appoint counsel for unaccompanied undocumented minors who are in the physical custody of the federal Office of Refugee Resettlement and present in California or are residing with a family member or other of sponsor in California.(b) The right to counsel pursuant to this section shall comply with the following requirements:(1) The right to counsel begins at the time an unaccompanied undocumented minor has been served with a notice to appear and has been placed in immigration removal proceedings.(2) The right to counsel applies in state court proceedings, federal immigration proceedings, including appearances before the United States Citizenship and Immigration Services, and any appeals arising from those proceedings.(3) The right to counsel applies unless the unaccompanied undocumented minor has retained counsel independently.(c) The department shall require contractors pursuant to this section to maintain adequate legal malpractice insurance as necessary and to indemnify and hold the state harmless from any claims that arise from the legal services provided pursuant to this section.
SECTION 1. Section 13300.5 is added to the Welfare and Institutions Code, to read:
### SECTION 1.
13300.5. (a) The department shall contract with qualified nonprofit legal services organizations, as described in Section 13301, or with public defenders to appoint counsel for unaccompanied undocumented minors who are in the physical custody of the federal Office of Refugee Resettlement and present in California or are residing with a family member or other of sponsor in California.(b) The right to counsel pursuant to this section shall comply with the following requirements:(1) The right to counsel begins at the time an unaccompanied undocumented minor has been served with a notice to appear and has been placed in immigration removal proceedings.(2) The right to counsel applies in state court proceedings, federal immigration proceedings, including appearances before the United States Citizenship and Immigration Services, and any appeals arising from those proceedings.(3) The right to counsel applies unless the unaccompanied undocumented minor has retained counsel independently.(c) The department shall require contractors pursuant to this section to maintain adequate legal malpractice insurance as necessary and to indemnify and hold the state harmless from any claims that arise from the legal services provided pursuant to this section.
13300.5. (a) The department shall contract with qualified nonprofit legal services organizations, as described in Section 13301, or with public defenders to appoint counsel for unaccompanied undocumented minors who are in the physical custody of the federal Office of Refugee Resettlement and present in California or are residing with a family member or other of sponsor in California.(b) The right to counsel pursuant to this section shall comply with the following requirements:(1) The right to counsel begins at the time an unaccompanied undocumented minor has been served with a notice to appear and has been placed in immigration removal proceedings.(2) The right to counsel applies in state court proceedings, federal immigration proceedings, including appearances before the United States Citizenship and Immigration Services, and any appeals arising from those proceedings.(3) The right to counsel applies unless the unaccompanied undocumented minor has retained counsel independently.(c) The department shall require contractors pursuant to this section to maintain adequate legal malpractice insurance as necessary and to indemnify and hold the state harmless from any claims that arise from the legal services provided pursuant to this section.
13300.5. (a) The department shall contract with qualified nonprofit legal services organizations, as described in Section 13301, or with public defenders to appoint counsel for unaccompanied undocumented minors who are in the physical custody of the federal Office of Refugee Resettlement and present in California or are residing with a family member or other of sponsor in California.(b) The right to counsel pursuant to this section shall comply with the following requirements:(1) The right to counsel begins at the time an unaccompanied undocumented minor has been served with a notice to appear and has been placed in immigration removal proceedings.(2) The right to counsel applies in state court proceedings, federal immigration proceedings, including appearances before the United States Citizenship and Immigration Services, and any appeals arising from those proceedings.(3) The right to counsel applies unless the unaccompanied undocumented minor has retained counsel independently.(c) The department shall require contractors pursuant to this section to maintain adequate legal malpractice insurance as necessary and to indemnify and hold the state harmless from any claims that arise from the legal services provided pursuant to this section.
13300.5. (a) The department shall contract with qualified nonprofit legal services organizations, as described in Section 13301, or with public defenders to appoint counsel for unaccompanied undocumented minors who are in the physical custody of the federal Office of Refugee Resettlement and present in California or are residing with a family member or other of sponsor in California.
(b) The right to counsel pursuant to this section shall comply with the following requirements:
(1) The right to counsel begins at the time an unaccompanied undocumented minor has been served with a notice to appear and has been placed in immigration removal proceedings.
(2) The right to counsel applies in state court proceedings, federal immigration proceedings, including appearances before the United States Citizenship and Immigration Services, and any appeals arising from those proceedings.
(3) The right to counsel applies unless the unaccompanied undocumented minor has retained counsel independently.
(c) The department shall require contractors pursuant to this section to maintain adequate legal malpractice insurance as necessary and to indemnify and hold the state harmless from any claims that arise from the legal services provided pursuant to this section.
The provisions of this code, so far as they are substantially the same as existing statutes or the common law, shall be construed as continuations thereof, and not as new enactments.