Rhode Island 2025 Regular Session

Rhode Island House Bill H6120 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22
33
44
55 2025 -- H 6120
66 ========
77 LC002539
88 ========
99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN
1616 FAMILY COURT
1717 Introduced By: Representative Jose F. Batista
1818 Date Introduced: March 21, 2025
1919 Referred To: House Judiciary
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Chapter 14-1 of the General Laws entitled "Proceedings in Family Court" is 1
2424 hereby amended by adding thereto the following section: 2
2525 14-1-5.2. Expanded jurisdiction for special immigrant juvenile status findings. (a) 3
2626 The family court shall have jurisdiction to make factual findings under this section to be used in 4
2727 conjunction with a petition to the United States Citizenship and Immigration Services for 5
2828 designation of the minor child as having special immigrant juvenile status (herein this section 6
2929 referred to as “SIJS”) under 8 U.S.C. § 1101(a)(27)(J) including, but not limited to, determinations 7
3030 regarding the following: 8
3131 (1) Whether the child has been declared dependent on the court, or legally placed under the 9
3232 custody of an individual or entity appointed by the court; 10
3333 (2) Whether reunification with one or both parents is not viable due to abuse, neglect, 11
3434 abandonment, or a similar basis under state law; and 12
3535 (3) Whether it is not in the best interest of the child to be returned to the child’s country of 13
3636 nationality or last habitual residence. 14
3737 (b) For purposes of this section, the term “child” shall include any unmarried person under 15
3838 twenty-one (21) years of age who files a petition for relief under this section. 16
3939 (c) The family court shall have continuing jurisdiction to make the findings set forth in 17
4040 subsection (a) of this section for any petitioner who is under the age of twenty-one (21) at the time 18
4141
4242
4343 LC002539 - Page 2 of 3
4444 of filing, regardless of whether they have reached the age of eighteen (18) before the court issues 1
4545 its findings. 2
4646 (d) A petition for factual findings under this section may be filed as an independent action 3
4747 or in conjunction with any other proceeding over which the family court has jurisdiction including, 4
4848 but not limited to, guardianship, child custody, adoption, and dependency matters. 5
4949 (e) The court’s jurisdiction to issue findings under this section shall be solely for the 6
5050 purposes of making the necessary factual determinations to support a petition for SIJS and shall not 7
5151 confer any independent immigration status. 8
5252 SECTION 2. This act shall take effect upon passage. 9
5353 ========
5454 LC002539
5555 ========
5656
5757
5858 LC002539 - Page 3 of 3
5959 EXPLANATION
6060 BY THE LEGISLATIVE COUNCIL
6161 OF
6262 A N A C T
6363 RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN
6464 FAMILY COURT
6565 ***
6666 This act would grant Rhode Island's family court jurisdiction to make findings for Special 1
6767 Immigrant Juvenile Status petitions, including determinations about dependency, parental 2
6868 reunification, and the child’s best interest, for minors under twenty-one (21) years. 3
6969 This act would take effect upon passage. 4
7070 ========
7171 LC002539
7272 ========