| |
| |
|
|
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. |
|
|
Sec. 46.005. EXPIRATION. This subtitle expires August 31, |
|
|
2017. |
|
|
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. |
|
|
(c) This section expires August 31, 2017. |
|
|
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. |
|
|
(c) This section expires August 31, 2017. |
|
|
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. |
|
|
(c) This section expires August 31, 2017. |
|
|
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. |
|
|
(f) This section expires August 31, 2017. |
|
|
SECTION 6. A proceeding commenced as a result of a petition |
|
|
filed before August 31, 2015, 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, 2011. |