Texas 2019 - 86th Regular

Texas Senate Bill SB1403 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R6220 MCK-D
2	2	By: Rodríguez S.B. No. 1403
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the jurisdiction of a court to hear and determine issues
8	8	regarding a child seeking special immigrant juvenile status.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 24, Government Code, is
11	11	amended by adding Section 24.0105 to read as follows:
12	12	Sec. 24.0105. JURISDICTION REGARDING SPECIAL IMMIGRANT
13	13	JUVENILE STATUS. (a) In this section:
14	14	(1) "Abandonment" means leaving a child at a location
15	15	without providing for the child's reasonable and necessary care or
16	16	supervision.
17	17	(2) "Abuse" has the meaning assigned by Section
18	18	261.001, Family Code.
19	19	(3) "Child" means an unmarried person who is younger
20	20	than 21 years of age.
21	21	(4) "Dependent on the court" means a child who does not
22	22	have available a parent or guardian to provide custody and care of
23	23	the child due to abuse, neglect, abandonment, or similar treatment
24	24	by at least one parent of the child.
25	25	(5) "Neglect" has the meaning assigned by Section
26	26	261.001, Family Code.
27	27	(b) A district court may hear and determine issues and make
28	28	findings relating to a child seeking special immigrant juvenile
29	29	status as defined by Section 1101(a)(27)(J) of the federal
30	30	Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.).
31	31	(c) In a suit under Title 3, 4, or 5, Family Code, a child
32	32	who is a party to the suit may file a petition or motion asking the
33	33	court to make the findings described by Subsection (d) to enable the
34	34	child to apply for special immigrant juvenile status with the
35	35	United States Citizenship and Immigration Services.
36	36	(d) The court, on presentation of proper evidence,
37	37	including a declaration by the child who is the subject of the
38	38	petition or motion, shall render an order declaring that:
39	39	(1) the child is dependent on the court or has been
40	40	legally committed to, or placed under the custody of, a state agency
41	41	or person appointed by the court;
42	42	(2) reunification of the child with one or both of the
43	43	child's parents is not viable due to abuse, neglect, or
44	44	abandonment, or similar treatment under the laws of this state; and
45	45	(3) it is not in the child's best interest to be
46	46	returned to the child's or the parent's previous country of
47	47	nationality or country of last habitual residence.
48	48	(e) The court shall include in the order the date on which:
49	49	(1) the child's dependency, commitment, or custody is
50	50	ordered; and
51	51	(2) the court determines that reunification of the
52	52	child with one or both of the child's parents is not viable.
53	53	(f) A district court may not:
54	54	(1) make any additional findings regarding:
55	55	(A) the child's asserted, purported, or
56	56	perceived motivation in seeking special immigrant juvenile status;
57	57	or
58	58	(B) the asserted, purported, or perceived
59	59	motivation of the person filing the petition or motion on the
60	60	child's behalf; or
61	61	(2) include or reference any asserted, purported, or
62	62	perceived motivation as a part of its findings under this section.
63	63	(g) The court shall seal records concerning an order issued
64	64	under this section and ensure that the court's records are not open
65	65	for inspection by any person except:
66	66	(1) the court;
67	67	(2) the child who is the subject of the proceeding and
68	68	the child's attorney and guardian; and
69	69	(3) a party to the proceeding and the party's attorney.
70	70	(h) The supreme court may adopt rules necessary to implement
71	71	this section.
72	72	SECTION 2. This Act takes effect September 1, 2019.