83R7195 MCK-F
By: Ellis S.B. No. 1583
A BILL TO BE ENTITLED
AN ACT
relating to extending the court's jurisdiction in a suit affecting
the parent-child relationship over certain young people for
purposes of obtaining special immigrant juvenile status and
Department of Family and Protective Services policies for handling
cases involving those young people.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 101.003, Family Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) In the context of applying for a court order relating
to the special immigrant juvenile status of a person under Section
1101(a)(27)(J) of the federal Immigration and Nationality Act (8
U.S.C. Section 1101 et seq.), "child" or "minor" includes a person
who is:
(1) not a citizen of the United States;
(2) present in the United States;
(3) not married;
(4) under 21 years of age; and
(5) applying for a special immigrant juvenile visa.
SECTION 2. Chapter 102, Family Code, is amended by adding
Section 102.0115 to read as follows:
Sec. 102.0115. JURISDICTION IN CASES INVOLVING SPECIAL
IMMIGRANT JUVENILE STATUS. The court has jurisdiction over a
person with respect to issues relating to the person's special
immigrant juvenile status if the person has filed an application
with the appropriate federal authority seeking special immigrant
juvenile status as defined by Section 1101(a)(27)(J) of the federal
Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) for
the person.
SECTION 3. Subchapter A, Chapter 155, Family Code, is
amended by adding Section 155.006 to read as follows:
Sec. 155.006. EXTENDED JURISDICTION. (a) If an
application seeking special immigrant juvenile status as defined by
Section 1101(a)(27)(J) of the federal Immigration and Nationality
Act (8 U.S.C. Section 1101 et seq.) has been filed with the
appropriate federal authority on behalf of a child over whom the
court has continuing, exclusive jurisdiction, the court may extend
the court's jurisdiction over the child after the child's 18th
birthday until the earliest of:
(1) the child's 21st birthday;
(2) the date the child is granted lawful permanent
resident status;
(3) the date an appeal of the denial of an application
for permanent residency based on a petition for special immigrant
juvenile status is denied; or
(4) if an appeal described by Subdivision (3) is not
filed, the day after the last day to file an appeal of the denial of
an application for permanent residency based on a petition for
special immigrant juvenile status.
(b) The court's jurisdiction under this section is limited
to issues relating to the child's special immigrant juvenile
status.
SECTION 4. Subchapter C, Chapter 40, Human Resources Code,
is amended by adding Section 40.0529 to read as follows:
Sec. 40.0529. CASES INVOLVING IMMIGRANT CHILDREN. (a) The
department shall ensure that all cases in which the child is
categorized as having an undetermined immigration status in the
central registry of reported cases of child abuse or neglect
established under Section 261.002, Family Code, are assigned to
caseworkers who have experience preparing applications for special
immigrant juvenile status and legal permanent resident status.
(b) The executive commissioner shall adopt rules that
prohibit caseworkers from seeking a waiver from any fees associated
with completing and filing an application for legal permanent
resident status.
SECTION 5. This Act takes effect September 1, 2013.