1 | 1 | | 84R1524 MCK-F |
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2 | 2 | | By: Farrar H.B. No. 231 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to extending the court's jurisdiction in a suit affecting |
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8 | 8 | | the parent-child relationship over certain young people for |
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9 | 9 | | purposes of obtaining special immigrant juvenile status and |
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10 | 10 | | Department of Family and Protective Services policies for handling |
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11 | 11 | | cases involving those young people. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 101.003, Family Code, is amended by |
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14 | 14 | | adding Subsection (b-1) to read as follows: |
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15 | 15 | | (b-1) In the context of applying for a court order relating |
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16 | 16 | | to the special immigrant juvenile status of a person under Section |
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17 | 17 | | 101(a)(27)(J) of the federal Immigration and Nationality Act (8 |
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18 | 18 | | U.S.C. Section 1101(a)(27)(J)), "child" or "minor" includes a |
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19 | 19 | | person who is: |
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20 | 20 | | (1) not a citizen of the United States; |
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21 | 21 | | (2) present in the United States; |
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22 | 22 | | (3) not married; |
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23 | 23 | | (4) under 21 years of age; and |
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24 | 24 | | (5) applying for a special immigrant juvenile visa. |
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25 | 25 | | SECTION 2. Chapter 102, Family Code, is amended by adding |
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26 | 26 | | Section 102.0115 to read as follows: |
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27 | 27 | | Sec. 102.0115. JURISDICTION IN CASES INVOLVING SPECIAL |
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28 | 28 | | IMMIGRANT JUVENILE STATUS. The court has jurisdiction over a child |
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29 | 29 | | with respect to issues relating to the child's special immigrant |
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30 | 30 | | juvenile status if the child has filed or intends to file an |
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31 | 31 | | application with the appropriate federal authority seeking special |
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32 | 32 | | immigrant juvenile status as defined by Section 101(a)(27)(J) of |
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33 | 33 | | the federal Immigration and Nationality Act (8 U.S.C. Section |
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34 | 34 | | 1101(a)(27)(J)) for the child. |
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35 | 35 | | SECTION 3. Subchapter A, Chapter 155, Family Code, is |
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36 | 36 | | amended by adding Section 155.006 to read as follows: |
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37 | 37 | | Sec. 155.006. EXTENDED JURISDICTION. (a) If a child over |
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38 | 38 | | whom the court has continuing, exclusive jurisdiction has filed or |
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39 | 39 | | intends to file an application with the appropriate federal |
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40 | 40 | | authority seeking special immigrant juvenile status as defined by |
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41 | 41 | | Section 101(a)(27)(J) of the federal Immigration and Nationality |
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42 | 42 | | Act (8 U.S.C. Section 1101(a)(27)(J)), the court may extend the |
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43 | 43 | | court's jurisdiction over the child after the child's 18th birthday |
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44 | 44 | | until the earliest of: |
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45 | 45 | | (1) the child's 21st birthday; |
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46 | 46 | | (2) the date the child is granted lawful permanent |
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47 | 47 | | resident status; |
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48 | 48 | | (3) the date an appeal of the denial of an application |
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49 | 49 | | for permanent residency based on a petition for special immigrant |
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50 | 50 | | juvenile status is denied; or |
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51 | 51 | | (4) if an appeal described by Subdivision (3) is not |
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52 | 52 | | filed, the day after the last day to file an appeal of the denial of |
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53 | 53 | | an application for permanent residency based on a petition for |
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54 | 54 | | special immigrant juvenile status. |
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55 | 55 | | (b) The court's jurisdiction under this section is limited |
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56 | 56 | | to issues relating to the child's special immigrant juvenile |
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57 | 57 | | status. |
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58 | 58 | | SECTION 4. Subchapter C, Chapter 40, Human Resources Code, |
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59 | 59 | | is amended by adding Section 40.0529 to read as follows: |
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60 | 60 | | Sec. 40.0529. CASES INVOLVING IMMIGRANT CHILDREN. The |
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61 | 61 | | department shall ensure that all cases in which the child is |
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62 | 62 | | categorized as having an undetermined immigration status in the |
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63 | 63 | | central registry of reported cases of child abuse or neglect |
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64 | 64 | | established under Section 261.002, Family Code, are assigned to |
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65 | 65 | | caseworkers who have experience preparing applications for special |
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66 | 66 | | immigrant juvenile status and legal permanent resident status. |
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67 | 67 | | SECTION 5. This Act takes effect September 1, 2015. |
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