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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing a suit to declare that certain young people |
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have been abused, neglected, or abandoned and extending the |
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jurisdiction of certain courts making such a declaration. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 2, Family Code, is amended by adding |
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Subtitle D to read as follows: |
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SUBTITLE D. SPECIAL DECLARATORY ACTIONS |
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CHAPTER 46. SPECIAL IMMIGRANT STATUS |
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Sec. 46.001. DEFINITION. In this chapter, "young adult" |
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means a person who is at least 18 years of age and younger than 21 |
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years of age. |
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Sec. 46.002. PETITION FOR COURT DECLARATION. A young adult |
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who is not a citizen or permanent resident of the United States may |
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file a suit requesting the court to declare that the young adult has |
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been abused, neglected, or abandoned and otherwise meets the |
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requirements for special immigrant status as defined by 8 U.S.C. |
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Section 1101(a)(27)(J). The suit may be filed in a court that has |
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family law jurisdiction. |
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Sec. 46.003. COURT ORDER. The court, on presentation of |
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proper evidence, shall render an order declaring that: |
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(1) the young adult is court-dependent; |
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(2) reunification with one or both of the young adult's |
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parents is not viable due to abuse, neglect, or abandonment, as |
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defined by state or federal law; and |
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(3) it is not in the young adult's best interest to be |
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returned to the young adult's or the parent's previous country of |
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origin or country of last habitual residence. |
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Sec. 46.004. EXTENDED JURISDICTION. A court that renders |
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an order under this chapter may retain jurisdiction over the young |
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adult until the earliest of: |
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(1) the young adult's 21st birthday; |
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(2) the date the young adult is granted lawful |
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permanent resident status; |
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(3) the date an appeal of the denial of an application |
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for permanent residency based on a petition for special immigrant |
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status is denied; or |
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(4) if an appeal described by Subdivision (3) is not |
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filed, the day after the last day to file an appeal of the denial of |
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an application for permanent residency based on a petition for |
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special immigrant status. |
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Sec. 46.005. EXPIRATION. This subtitle expires August 31, |
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2019. |
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SECTION 2. Chapter 51, Family Code, is amended by adding |
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Section 51.0413 to read as follows: |
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Sec. 51.0413. EXTENDED JURISDICTION. (a) The court |
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retains jurisdiction over a person with respect to issues relating |
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to the person's special immigrant status if an application seeking |
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special immigrant status as defined by 8 U.S.C. Section |
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1101(a)(27)(J) has been filed with the appropriate federal |
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authority on behalf of the person. |
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(b) The court retains jurisdiction under this section until |
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the earliest of: |
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(1) the person's 21st birthday; |
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(2) the date the person is granted lawful permanent |
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resident status; |
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(3) the date an appeal of the denial of an application |
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for permanent residency based on a petition for special immigrant |
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status is denied; or |
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(4) if an appeal described by Subdivision (3) is not |
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filed, the day after the last day to file an appeal of the denial of |
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an application for permanent residency based on a petition for |
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special immigrant status. |
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(c) This section expires August 31, 2019. |
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SECTION 3. Subchapter A, Chapter 155, Family Code, is |
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amended by adding Section 155.006 to read as follows: |
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Sec. 155.006. EXTENDED JURISDICTION. (a) If an |
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application seeking special immigrant status as defined by 8 U.S.C. |
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Section 1101(a)(27)(J) has been filed with the appropriate federal |
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authority on behalf of a child over whom the court has continuing, |
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exclusive jurisdiction, the court may extend the court's |
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jurisdiction over the child after the child's 18th birthday until |
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the earliest of: |
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(1) the child's 21st birthday; |
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(2) the date the child is granted lawful permanent |
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resident status; |
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(3) the date an appeal of the denial of an application |
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for permanent residency based on a petition for special immigrant |
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status is denied; or |
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(4) if an appeal described by Subdivision (3) is not |
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filed, the day after the last day to file an appeal of the denial of |
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an application for permanent residency based on a petition for |
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special immigrant status. |
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(b) The court's jurisdiction under this section is limited |
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to issues relating to the child's special immigrant status. |
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(c) This section expires August 31, 2019. |
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SECTION 4. Subchapter A, Chapter 262, Family Code, is |
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amended by adding Section 262.0021 to read as follows: |
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Sec. 262.0021. EXTENDED JURISDICTION. (a) If an |
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application seeking special immigrant status as defined by 8 U.S.C. |
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Section 1101(a)(27)(J) has been filed with the appropriate federal |
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authority on behalf of a child over whom the court has jurisdiction |
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under this subtitle, the court may extend the court's jurisdiction |
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over the child after the child's 18th birthday until the earliest |
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of: |
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(1) the child's 21st birthday; |
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(2) the date the child is granted lawful permanent |
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resident status; |
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(3) the date an appeal of the denial of an application |
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for permanent residency based on a petition for special immigrant |
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status is denied; or |
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(4) if an appeal described by Subdivision (3) is not |
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filed, the day after the last day to file an appeal of the denial of |
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an application for permanent residency based on a petition for |
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special immigrant status. |
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(b) The court's jurisdiction under this section is limited |
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to issues relating to the child's special immigrant status. |
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(c) This section expires August 31, 2019. |
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SECTION 5. Subchapter C, Chapter 72, Government Code, is |
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amended by adding Section 72.031 to read as follows: |
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Sec. 72.031. COLLECTION OF DATA RELATING TO SPECIAL |
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IMMIGRANT STATUS. (a) In this section, "young adult" has the |
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meaning assigned by Section 46.001, Family Code. |
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(b) The office shall track the number of cases in which a |
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young adult has requested a court order relating to the young |
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adult's special immigrant status. |
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(c) The office shall develop a form to be used to report |
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information under Subsection (b). The office shall make the form |
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available on the office's Internet website. The form must include |
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the following information for each case: |
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(1) the date the petition in a declaratory action |
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under Chapter 46, Family Code, or a motion requesting a court order |
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described by Subsection (b) is filed and the date the court order is |
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signed; |
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(2) the county in which a petition or motion described |
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by Subdivision (1) is filed; |
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(3) the age of the young adult on the date the petition |
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or motion described by Subdivision (1) is filed; |
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(4) the young adult's country of origin, if known; and |
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(5) whether the young adult is receiving services from |
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the Department of Family and Protective Services. |
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(d) The office may not collect any personally identifiable |
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information relating to the young adult, including the young |
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adult's name, the young adult's address, or the case number of the |
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declaratory action. |
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(e) The attorney representing a young adult in a case |
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described by Subsection (b) shall complete the form and file the |
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form with the clerk of the court. On receipt of a completed form, |
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the clerk shall stamp the form with the date the form was received |
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and send the form to the office. |
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(f) This section expires August 31, 2019. |
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SECTION 6. A proceeding commenced as a result of a petition |
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filed before August 31, 2019, under Chapter 46, Family Code, as |
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added by this Act, or a motion requesting a court order relating to |
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a young adult's special immigrant status filed under the |
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jurisdiction created by Section 51.0413, 155.006, or 262.0021, |
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Family Code, as added by this Act, before that date shall continue |
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under the law as it existed on the date the petition or motion was |
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filed, and that law continues in effect for that purpose. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |