Texas SB 1403: Relating to the jurisdiction of a court to hear and determine issues regarding a child seeking special immigrant juvenile status.

Bill Text

By:AARodrÕguez                                     S.B.ANo.A1403
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
A1.AASubchapter A, Chapter24, Government Code, is
amended by adding Section 24.0105 to read as follows:
Sec.A24.0105.AAJURISDICTION  REGARDING  SPECIAL  IMMIGRANT
JUVENILE STATUS. (a) In this section:
(1)AA"Abandonment" means leaving a child at a location
without providing for the child’s reasonable and necessary care or
supervision.
(2)AA"Abuse"  has  the  meaning  assigned  by  Section
261.001, Family Code.
(3)AA"Child" means an unmarried person who is younger
than 21 years of age.
(4)AA"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)AA"Neglect"  has  the  meaning  assigned  by  Section
261.001, Family Code.
(b)AAA 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
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Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.).
(c)AAIn 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)AAThe  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)AAthe 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)AAreunification 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)AAit 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)AAThe court shall include in the order the date on which:
(1)AAthe child’s dependency, commitment, or custody is
ordered; and
(2)AAthe court determines that reunification of the
child with one or both of the child’s parents is not viable.
(f)AAA district court may not:
(1)AAmake any additional findings regarding:
(A)AAthe   child’s   asserted,   purported,   or
perceived motivation in seeking special immigrant juvenile status;
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or
(B)AAthe  asserted,   purported,   or  perceived
motivation of the person filing the petition or motion on the
child’s behalf; or
(2)AAinclude or reference any asserted, purported, or
perceived motivation as a part of its findings under this section.
(g)AAThe 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)AAthe court;
(2)AAthe child who is the subject of the proceeding and
the child’s attorney and guardian; and
(3)AAa party to the proceeding and the party’s attorney.
(h)AAThe supreme court may adopt rules necessary to implement
this section.
SECTION
A2.AAThis Act takes effect September 1, 2019.
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