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A BILL TO BE ENTITLED
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AN ACT
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relating to the jurisdiction of a court to hear and determine issues |
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regarding a child seeking special immigrant juvenile status. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 24, Government Code, is |
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amended by adding Section 24.0105 to read as follows: |
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Sec. 24.0105. JURISDICTION REGARDING SPECIAL IMMIGRANT |
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JUVENILE STATUS. (a) In this section: |
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(1) "Abandonment" means leaving a child at a location |
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without providing for the child's reasonable and necessary care or |
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supervision. |
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(2) "Abuse" has the meaning assigned by Section |
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261.001, Family Code. |
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(3) "Child" means an unmarried person who is younger |
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than 21 years of age. |
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(4) "Dependent on the court" means a child who does not |
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have available a parent or guardian to provide custody and care of |
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the child due to abuse, neglect, abandonment, or similar treatment |
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by at least one parent of the child. |
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(5) "Neglect" has the meaning assigned by Section |
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261.001, Family Code. |
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(b) A district court may hear and determine issues and make |
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findings relating to a child seeking special immigrant juvenile |
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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.). |
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(c) In a suit under Title 3, 4, or 5, Family Code, a child |
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who is a party to the suit may file a petition or motion asking the |
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court to make the findings described by Subsection (d) to enable the |
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child to apply for special immigrant juvenile status with the |
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United States Citizenship and Immigration Services. |
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(d) The court, on presentation of proper evidence, |
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including a declaration by the child who is the subject of the |
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petition or motion, shall render an order declaring that: |
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(1) the child is dependent on the court or has been |
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legally committed to, or placed under the custody of, a state agency |
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or person appointed by the court; |
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(2) reunification of the child with one or both of the |
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child's parents is not viable due to abuse, neglect, or |
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abandonment, or similar treatment under the laws of this state; and |
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(3) it is not in the child's best interest to be |
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returned to the child's or the parent's previous country of |
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nationality or country of last habitual residence. |
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(e) The court shall include in the order the date on which: |
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(1) the child's dependency, commitment, or custody is |
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ordered; and |
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(2) the court determines that reunification of the |
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child with one or both of the child's parents is not viable. |
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(f) A district court may not: |
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(1) make any additional findings regarding: |
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(A) the child's asserted, purported, or |
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perceived motivation in seeking special immigrant juvenile status; |
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or |
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(B) the asserted, purported, or perceived |
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motivation of the person filing the petition or motion on the |
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child's behalf; or |
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(2) include or reference any asserted, purported, or |
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perceived motivation as a part of its findings under this section. |
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(g) The court shall seal records concerning an order issued |
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under this section and ensure that the court's records are not open |
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for inspection by any person except: |
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(1) the court; |
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(2) the child who is the subject of the proceeding and |
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the child's attorney and guardian; and |
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(3) a party to the proceeding and the party's attorney. |
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(h) The supreme court may adopt rules necessary to implement |
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this section. |
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SECTION 2. This Act takes effect September 1, 2019. |