84R1524 MCK-F

By: Farrar H.B. No. 231

A BILL TO BE ENTITLED

AN ACT

relating to extending the court's jurisdiction in a suit affecting the parent-child relationship over certain young people for purposes of obtaining special immigrant juvenile status and Department of Family and Protective Services policies for handling cases involving those young people.

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

SECTION 1. Section 101.003, Family Code, is amended by adding Subsection (b-1) to read as follows:

(b-1) In the context of applying for a court order relating to the special immigrant juvenile status of a person under Section 101(a)(27)(J) of the federal Immigration and Nationality Act (8 U.S.C. Section 1101(a)(27)(J)), "child" or "minor" includes a person who is:

(1) not a citizen of the United States;

(2) present in the United States;

(3) not married;

(4) under 21 years of age; and

(5) applying for a special immigrant juvenile visa.

SECTION 2. Chapter 102, Family Code, is amended by adding Section 102.0115 to read as follows:

Sec. 102.0115. JURISDICTION IN CASES INVOLVING SPECIAL IMMIGRANT JUVENILE STATUS. The court has jurisdiction over a child with respect to issues relating to the child's special immigrant juvenile status if the child has filed or intends to file an application with the appropriate federal authority seeking special immigrant juvenile status as defined by Section 101(a)(27)(J) of the federal Immigration and Nationality Act (8 U.S.C. Section 1101(a)(27)(J)) for the child.

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 a child over whom the court has continuing, exclusive jurisdiction has filed or intends to file an application with the appropriate federal authority seeking special immigrant juvenile status as defined by Section 101(a)(27)(J) of the federal Immigration and Nationality Act (8 U.S.C. Section 1101(a)(27)(J)), 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 juvenile 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 juvenile status.

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

SECTION 4. Subchapter C, Chapter 40, Human Resources Code, is amended by adding Section 40.0529 to read as follows:

Sec. 40.0529. CASES INVOLVING IMMIGRANT CHILDREN. The department shall ensure that all cases in which the child is categorized as having an undetermined immigration status in the central registry of reported cases of child abuse or neglect established under Section 261.002, Family Code, are assigned to caseworkers who have experience preparing applications for special immigrant juvenile status and legal permanent resident status.

SECTION 5. This Act takes effect September 1, 2015.