84R1524 MCK-F
By: Farrar H.B. No. 231
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
101(a)(27)(J) of the federal Immigration and Nationality Act (8
U.S.C. Section 1101(a)(27)(J)), "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 child
with respect to issues relating to the child's special immigrant
juvenile status if the child has filed or intends to file an
application with the appropriate federal authority seeking special
immigrant juvenile status as defined by Section 101(a)(27)(J) of
the federal Immigration and Nationality Act (8 U.S.C. Section
1101(a)(27)(J)) for the child.
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 a child over
whom the court has continuing, exclusive jurisdiction has filed or
intends to file an application with the appropriate federal
authority seeking special immigrant juvenile status as defined by
Section 101(a)(27)(J) of the federal Immigration and Nationality
Act (8 U.S.C. Section 1101(a)(27)(J)), 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. 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.
SECTION 5. This Act takes effect September 1, 2015.