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A BILL TO BE ENTITLED
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AN ACT
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relating to extending the court's jurisdiction in a suit affecting |
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the parent-child relationship over certain young people for |
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purposes of obtaining special immigrant juvenile status and |
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Department of Family and Protective Services policies for handling |
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cases involving those young people. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 101.003, Family Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) In the context of applying for a court order relating |
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to the special immigrant juvenile status of a person under Section |
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1101(a)(27)(J) of the federal Immigration and Nationality Act (8 |
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U.S.C. Section 1101 et seq.), "child" or "minor" includes a person |
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who is: |
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(1) not a citizen of the United States; |
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(2) present in the United States; |
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(3) not married; |
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(4) under 21 years of age; and |
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(5) applying for a special immigrant juvenile visa. |
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SECTION 2. Chapter 102, Family Code, is amended by adding |
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Section 102.0115 to read as follows: |
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Sec. 102.0115. JURISDICTION IN CASES INVOLVING SPECIAL |
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IMMIGRANT JUVENILE STATUS. The court has jurisdiction over a |
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person with respect to issues relating to the person's special |
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immigrant juvenile status if the person has filed an application |
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with the appropriate federal authority seeking special immigrant |
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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.) for |
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the person. |
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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 juvenile status as defined by |
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Section 1101(a)(27)(J) of the federal Immigration and Nationality |
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Act (8 U.S.C. Section 1101 et seq.) has been filed with the |
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appropriate federal authority on behalf of a child over whom the |
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court has continuing, exclusive jurisdiction, the court may extend |
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the court's jurisdiction over the child after the child's 18th |
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birthday until 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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juvenile 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 juvenile 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 juvenile |
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status. |
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SECTION 4. Subchapter C, Chapter 40, Human Resources Code, |
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is amended by adding Section 40.0529 to read as follows: |
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Sec. 40.0529. CASES INVOLVING IMMIGRANT CHILDREN. (a) The |
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department shall ensure that all cases in which the child is |
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categorized as having an undetermined immigration status in the |
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central registry of reported cases of child abuse or neglect |
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established under Section 261.002, Family Code, are assigned to |
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caseworkers who have experience preparing applications for special |
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immigrant juvenile status and legal permanent resident status. |
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(b) The executive commissioner shall adopt rules that |
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prohibit caseworkers from seeking a waiver from any fees associated |
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with completing and filing an application for legal permanent |
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resident status. |
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SECTION 5. This Act takes effect September 1, 2013. |