Texas 2017 - 85th Regular

Texas House Bill HB750 Compare Versions

Only one version of the bill is available at this time.
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11 85R3622 MCK-F
22 By: Farrar H.B. No. 750
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to a court's jurisdiction in a suit affecting the
88 parent-child relationship over certain young people seeking
99 special immigrant juvenile status and to child protective services
1010 caseworkers assigned to those young people.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 101.003, Family Code, is amended by
1313 adding Subsection (b-1) to read as follows:
1414 (b-1) In the context of applying for a court order relating
1515 to the special immigrant juvenile status of a person under Section
1616 101(a)(27)(J) of the federal Immigration and Nationality Act (8
1717 U.S.C. Section 1101(a)(27)(J)), "child" or "minor" includes a
1818 person who is:
1919 (1) not a citizen of the United States;
2020 (2) present in the United States;
2121 (3) not married;
2222 (4) under 21 years of age; and
2323 (5) applying for a special immigrant juvenile visa.
2424 SECTION 2. Chapter 102, Family Code, is amended by adding
2525 Section 102.0115 to read as follows:
2626 Sec. 102.0115. JURISDICTION IN CASES INVOLVING SPECIAL
2727 IMMIGRANT JUVENILE STATUS. The court has jurisdiction over a child
2828 with respect to issues relating to the child's special immigrant
2929 juvenile status if the child has filed or intends to file an
3030 application with the appropriate federal authority seeking special
3131 immigrant juvenile status as defined by Section 101(a)(27)(J) of
3232 the federal Immigration and Nationality Act (8 U.S.C. Section
3333 1101(a)(27)(J)) for the child.
3434 SECTION 3. Subchapter A, Chapter 155, Family Code, is
3535 amended by adding Section 155.006 to read as follows:
3636 Sec. 155.006. EXTENDED JURISDICTION. (a) If a child over
3737 whom the court has continuing, exclusive jurisdiction has filed or
3838 intends to file an application with the appropriate federal
3939 authority seeking special immigrant juvenile status as defined by
4040 Section 101(a)(27)(J) of the federal Immigration and Nationality
4141 Act (8 U.S.C. Section 1101(a)(27)(J)), the court may extend the
4242 court's jurisdiction over the child after the child's 18th birthday
4343 until the earliest of:
4444 (1) the child's 21st birthday;
4545 (2) the date the child is granted lawful permanent
4646 resident status;
4747 (3) the date an appeal of the denial of an application
4848 for permanent residency based on a petition for special immigrant
4949 juvenile status is denied; or
5050 (4) if an appeal described by Subdivision (3) is not
5151 filed, the day after the last day to file an appeal of the denial of
5252 an application for permanent residency based on a petition for
5353 special immigrant juvenile status.
5454 (b) The court's jurisdiction under this section is limited
5555 to issues relating to the child's special immigrant juvenile
5656 status.
5757 SECTION 4. Subchapter C, Chapter 40, Human Resources Code,
5858 is amended by adding Section 40.0529 to read as follows:
5959 Sec. 40.0529. CASES INVOLVING IMMIGRANT CHILDREN. The
6060 department shall ensure that each child who is placed in the
6161 department's managing conservatorship or care and whose
6262 immigration status on initial placement is undetermined is assigned
6363 to a caseworker who has experience preparing applications for
6464 special immigrant juvenile status and legal permanent resident
6565 status.
6666 SECTION 5. This Act takes effect September 1, 2017.