86R6220 MCK-D
By: RodrÃguez S.B. No. 1403
A BILL TO BE ENTITLED
AN ACT
relating to the jurisdiction of a court to hear and determine issues
regarding a child seeking special immigrant juvenile status.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 24, Government Code, is
amended by adding Section 24.0105 to read as follows:
Sec. 24.0105. JURISDICTION REGARDING SPECIAL IMMIGRANT
JUVENILE STATUS. (a) In this section:
(1) "Abandonment" means leaving a child at a location
without providing for the child's reasonable and necessary care or
supervision.
(2) "Abuse" has the meaning assigned by Section
261.001, Family Code.
(3) "Child" means an unmarried person who is younger
than 21 years of age.
(4) "Dependent on the court" means a child who does not
have available a parent or guardian to provide custody and care of
the child due to abuse, neglect, abandonment, or similar treatment
by at least one parent of the child.
(5) "Neglect" has the meaning assigned by Section
261.001, Family Code.
(b) A district court may hear and determine issues and make
findings relating to a child 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.).
(c) In a suit under Title 3, 4, or 5, Family Code, a child
who is a party to the suit may file a petition or motion asking the
court to make the findings described by Subsection (d) to enable the
child to apply for special immigrant juvenile status with the
United States Citizenship and Immigration Services.
(d) The court, on presentation of proper evidence,
including a declaration by the child who is the subject of the
petition or motion, shall render an order declaring that:
(1) the child is dependent on the court or has been
legally committed to, or placed under the custody of, a state agency
or person appointed by the court;
(2) reunification of the child with one or both of the
child's parents is not viable due to abuse, neglect, or
abandonment, or similar treatment under the laws of this state; and
(3) it is not in the child's best interest to be
returned to the child's or the parent's previous country of
nationality or country of last habitual residence.
(e) The court shall include in the order the date on which:
(1) the child's dependency, commitment, or custody is
ordered; and
(2) the court determines that reunification of the
child with one or both of the child's parents is not viable.
(f) A district court may not:
(1) make any additional findings regarding:
(A) the child's asserted, purported, or
perceived motivation in seeking special immigrant juvenile status;
or
(B) the asserted, purported, or perceived
motivation of the person filing the petition or motion on the
child's behalf; or
(2) include or reference any asserted, purported, or
perceived motivation as a part of its findings under this section.
(g) The court shall seal records concerning an order issued
under this section and ensure that the court's records are not open
for inspection by any person except:
(1) the court;
(2) the child who is the subject of the proceeding and
the child's attorney and guardian; and
(3) a party to the proceeding and the party's attorney.
(h) The supreme court may adopt rules necessary to implement
this section.
SECTION 2. This Act takes effect September 1, 2019.