81R26978 MCK-D

By: Hernandez, Alonzo H.B. No. 4426

A BILL TO BE ENTITLED

AN ACT

relating to authorizing a suit to declare that certain young people have been abused, neglected, or abandoned and extending the jurisdiction of certain courts making such a declaration.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 2, Family Code, is amended by adding Subtitle D to read as follows:

SUBTITLE D. SPECIAL DECLARATORY ACTIONS

CHAPTER 46. SPECIAL IMMIGRANT STATUS

Sec. 46.001. DEFINITION. In this chapter, "young adult" means a person who is at least 18 years of age and younger than 21 years of age.

Sec. 46.002. PETITION FOR COURT DECLARATION. A young adult who is not a citizen or permanent resident of the United States may file a suit requesting the court to declare that the young adult has been abused, neglected, or abandoned and otherwise meets the requirements for special immigrant status as defined by 8 U.S.C. Section 1101(a)(27)(J). The suit may be filed in a court that has family law jurisdiction.

Sec. 46.003. COURT ORDER. The court, on presentation of proper evidence, shall render an order declaring that:

(1) the young adult is court-dependent;

(2) reunification with one or both of the young adult's parents is not viable due to abuse, neglect, or abandonment, as defined by state or federal law; and

(3) it is not in the young adult's best interest to be returned to the young adult's or the parent's previous country of origin or country of last habitual residence.

Sec. 46.004. EXTENDED JURISDICTION. A court that renders an order under this chapter may retain jurisdiction over the young adult until the earliest of:

(1) the young adult's 21st birthday;

(2) the date the young adult is granted lawful permanent resident status;

(3) the date an appeal of the denial of an application for permanent residency based on a petition for special immigrant status is denied; or

(4) if an appeal described by Subdivision (3) is not filed, the day after the last day to file an appeal of the denial of an application for permanent residency based on a petition for special immigrant status.

SECTION 2. Chapter 51, Family Code, is amended by adding Section 51.0413 to read as follows:

Sec. 51.0413. EXTENDED JURISDICTION. (a) The court retains jurisdiction over a person with respect to issues relating to the person's special immigrant status if an application seeking special immigrant status as defined by 8 U.S.C. Section 1101(a)(27)(J) has been filed with the appropriate federal authority on behalf of the person.

(b) The court retains jurisdiction under this section until the earliest of:

(1) the person's 21st birthday;

(2) the date the person is granted lawful permanent resident status;

(3) the date an appeal of the denial of an application for permanent residency based on a petition for special immigrant status is denied; or

(4) if an appeal described by Subdivision (3) is not filed, the day after the last day to file an appeal of the denial of an application for permanent residency based on a petition for special immigrant status.

SECTION 3. Subchapter A, Chapter 155, Family Code, is amended by adding Section 155.006 to read as follows:

Sec. 155.006. EXTENDED JURISDICTION. (a) If an application seeking special immigrant status as defined by 8 U.S.C. Section 1101(a)(27)(J) has been filed with the appropriate federal authority on behalf of a child over whom the court has continuing, exclusive jurisdiction, the court may extend the court's jurisdiction over the child after the child's 18th birthday until the earliest of:

(1) the child's 21st birthday;

(2) the date the child is granted lawful permanent resident status;

(3) the date an appeal of the denial of an application for permanent residency based on a petition for special immigrant status is denied; or

(4) if an appeal described by Subdivision (3) is not filed, the day after the last day to file an appeal of the denial of an application for permanent residency based on a petition for special immigrant status.

(b) The court's jurisdiction under this section is limited to issues relating to the child's special immigrant status.

SECTION 4. Subchapter A, Chapter 262, Family Code, is amended by adding Section 262.0021 to read as follows:

Sec. 262.0021. EXTENDED JURISDICTION. (a) If an application seeking special immigrant status as defined by 8 U.S.C. Section 1101(a)(27)(J) has been filed with the appropriate federal authority on behalf of a child over whom the court has jurisdiction under this subtitle, the court may extend the court's jurisdiction over the child after the child's 18th birthday until the earliest of:

(1) the child's 21st birthday;

(2) the date the child is granted lawful permanent resident status;

(3) the date an appeal of the denial of an application for permanent residency based on a petition for special immigrant status is denied; or

(4) if an appeal described by Subdivision (3) is not filed, the day after the last day to file an appeal of the denial of an application for permanent residency based on a petition for special immigrant status.

(b) The court's jurisdiction under this section is limited to issues relating to the child's special immigrant status.

SECTION 5. Subchapter C, Chapter 72, Government Code, is amended by adding Section 72.031 to read as follows:

Sec. 72.031. COLLECTION OF DATA RELATING TO SPECIAL IMMIGRANT STATUS. (a) In this section, "young adult" has the meaning assigned by Section 46.001, Family Code.

(b) The office shall track the number of cases in which a young adult has requested a court order relating to the young adult's special immigrant status.

(c) The office shall develop a form to be used to report information under Subsection (b). The office shall make the form available on the office's Internet website. The form must include the following information for each case:

(1) the date the petition in a declaratory action under Chapter 46, Family Code, or a motion requesting a court order described by Subsection (b) is filed and the date the court order is signed;

(2) the county in which a petition or motion described by Subdivision (1) is filed;

(3) the age of the young adult on the date the petition or motion described by Subdivision (1) is filed;

(4) the young adult's country of origin, if known; and

(5) whether the young adult is receiving services from the Department of Family and Protective Services.

(d) The office may not collect any personally identifiable information relating to the young adult, including the young adult's name, the young adult's address, or the case number of the declaratory action.

(e) The attorney representing a young adult in a case described by Subsection (b) shall complete the form and file the form with the clerk of the court. On receipt of a completed form, the clerk shall stamp the form with the date the form was received and send the form to the office.

SECTION 6. This Act expires August 31, 2015. A proceeding commenced as a result of a petition filed before that date under Chapter 46, Family Code, as added by this Act, or a motion requesting a court order relating to a young adult's special immigrant status filed under the jurisdiction created by Section 51.0413, 155.006, or 262.0021, Family Code, as added by this Act, before that date shall continue under the law as it existed on the date the petition or motion was filed, and that law continues in effect for that purpose.

SECTION 7. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.