SB 229 — SPECIAL IMMIGRANT JUVENILE CLASSIFICATION ACT

"court" includesmeans theany children's court andin familythis courtstate ofwith a t m m 21 jurisdiction to make decisions concerning the districtprotection, court;d r e 22 well-being, care or custody of a child;

c e s k 23 E.

"dependent on the court" means subject to the e a n b 24 jurisdiction of a court competent to make decisions concerning u [ the protection, well-being, care and custody of a child, to e.225113.2 t- 172 - SHPAC/SB 229 make findings and issue orders or referrals to support the w l n d 18 health, safety and welfare of a child or to remedy the effects = = 19 a l on a child of abuse, neglect, abandonment or similar i a e r 20 circumstances;

a t m m 21 F.

d r e 22 (1) who has been abandoned by the child's c e s k 23 parent, guardian or custodian;

e a n b 24 (2) who is without proper parental care and u [ control or subsistence, education, medical or other care or .223822.2 - 4 - control necessary for the child's well-being because of the faults or habits of the child's parent, guardian or custodian or the failure or refusal of the parent, guardian or custodian, when able to do so, to provide them;

(3) who has been physically or sexually abused, when the child's parent, guardian or custodian knew or should have known of the abuse and failed to take reasonable e t 17 steps to protect the child from further harm;

w l n d 18 (4) whose parent, guardian or custodian is = = 19 unable to discharge that person's responsibilities to and for a l i a e r 20 the child because of incarceration, hospitalization or physical a t m m 21 or mental disorder or incapacity;

or d r e 22 (5) who has been placed for care or adoption c e s k 23 in violation of the law;

provided that nothing in the Special e a n b 24 Immigrant Juvenile Classification Act shall be construed to u [ imply that a child who is being provided with treatment by e.225113.2 t- 173 - SHPAC/SB 229 spiritual means alone through prayer, in accordance with the w l n d 18 tenets and practices of a recognized church or religious = = 19 a l denomination, by a duly accredited practitioner thereof is for i a e r 20 that reason alone a neglected child within the meaning of the a t m m 21 Special Immigrant Juvenile Classification Act;

and further d r e 22 provided that no child shall be denied the protection afforded c e s k 23 to all children under any other provision of law;

and e a n b 24 G.

"similar circumstances" means circumstancesa thatsimilar ubasis [under affectstate alaw childthat demonstrates similar toharm thoseor circumstanceseffects thatof affectthose of an .223822.2 - 5 - abused child, neglected child or abandoned child, including but not limited to the death of a parent, deportation of a parent or incarceration of a parent." SECTION 4.3.

"[NEW MATERIAL] APPLICATIONS AND PETITIONS FOR CLASSIFICATION AS A SPECIAL IMMIGRANT JUVENILE.-- e t 17 A.

A childrequest whomay allegesbe thatmade returningby toa thepetitioner child'spursuant countryw ofl originn isd not18 in the child's best interest may apply to orthis petitionsection the court for classification as a special immigrant = = 19 juvenile pursuantas toprovided in 8 U.S.C.

Section 1101(a)(27)(J).1101(a)(27)(J), in a l i a e r 20 conjunction with a petition for any determination on the care a t m m 21 and custody of a child.

d r e 22 B.

The application or petition for classification c e s k 23 as a special immigrant juvenile shall set forth the facts e a n b 24 necessary to establish eligibility pursuant to this section." u [ SECTION 4.

A new section of Chapter 40 NMSA 1978 is .225113.2 - 4 - SHPAC/SB 229 enacted to read:

"[NEW MATERIAL] JURISDICTION OF THE COURT--STANDARDS-- PROCEDURES.-- A.

The court has jurisdiction to make findings of fact and determinations of law in the best interests of the child for classification as a special immigrant juvenile pursuant to 8 U.S.C.

Section 1101(a)(27)(J) in all matters and proceedings that involve an abused child, a neglected child or an abandoned child, including but not limited to child custody, guardianship and abuse and neglect proceedings.

A childcourt whoacting appliespursuant to or petitions the courtSpecial pursuantImmigrant toJuvenile thisClassification sectionAct isacts not required to name as a respondentjuvenile acourt parentas withdefined whomin reunification8 mayC.F.R. be viable." SECTION 5.

A new section of Chapter 40 NMSA 1978 is enacted to read:

e t 17 "[NEW MATERIAL] JURISDICTION OF THE COURT--STANDARDS-- w l n d 18 PROCEDURES.-- = = 19 a l A.

The court has jurisdiction to establish a i a e r 20 child's eligibility for classification as a special immigrant a t m m 21 juvenile pursuant to 8 U.S.C.

Section 1101(a)(27)(J) in all d r e 22 matters and proceedings that involve abused, neglected or c e s k 23 abandoned children, not to be limited to child custody and e a n b 24 abuse and neglect proceedings.

u [ B.

A court acting pursuant to the Special Immigrant .223822.2 - 6 - Juvenile Classification Act acts as a juvenile court as defined in 8 C.F.R.

Section 1101(a)(27)(J), supporting affidavits and any e t 17 other evidence, the court shall issue findings of fact and w l n d 18 rulings of law to determine whether:

= = 19 (1) the child is dependent on the court;

a l i a e r 20 (2) the child is an abused child, neglected a t m m 21 child or abandoned child or has suffered similar circumstances;

d r e 22 (3) the child may not be viably reunified with c e s k 23 one or both of the child's parents because the child is an e a n b 24 abused child, neglected child or abandoned child or has u [ suffered similar circumstances;

and .225113.2 - 5 - SHPAC/SB 229 (4) it is not in the child's best interestinterests to be returned to the child's or parent's country of nationality e t 17 or country of last habitual residence.

w l n d 18 D.

A court shall hear and adjudicate an application = = 19 a l or petition and issue findings of fact and rulings of law as i a e r 20 soon as it is administratively feasible but before the child a t m m 21 reaches the age of twenty-one.

d r e 22 E.

IfNothing anin applicationthe orSpecial petitionImmigrant hasJuvenile beenClassification filedAct butshall cpreclude ethe sdistrict kcourt 23from neitherissuing grantedfindings norof deniedfact beforeand therulings child reaches the age of elaw asimilar n b 24 twenty-one, the court may retain jurisdiction to ensure that u [ the requirementsprovisions forof classificationSubsection asC aof specialthis immigrantsection .223822.2in -any 7other -proceeding." juvenileSECTION continue5. to be satisfied.

F.

Nothing in the Special Immigrant Juvenile Classification Act shall preclude the children's court or family court of the district court from issuing findings of fact and rulings of law similar to the provisions of Subsection C of this section in any other proceeding." SECTION 6.

"[NEW MATERIAL] LIBERAL INTERPRETATION.--The Special Immigrant Juvenile Classification Act shall be liberally e t 17 construed to carry out its purpose." w l n d 18 SECTION 7.6.

APPLICABILITY.--The provisions of this act = = 19 a l shall apply retroactively to any child deemed by a state court i a e r 20 order to be an abused child, neglected child or abandoned child a t m m 21 from the time the child received the order.order;

SECTIONprovided 8.that the d r e 22 petition is subject to denial or revocation by a federal c e s k 23 immigration agency based on the child's dependency status or e a n b 24 age when the special findings were issued.

EMERGENCY.--Itu is[ necessarySECTION for7. the public e t 17 peace, health and safety that this act take effect immediately.

wEMERGENCY.--It lis nnecessary dfor 18the -public 8.225113.2 - =6 =- 19SHPAC/SB a229 lpeace, ihealth aand esafety rthat 20this aact ttake meffect mimmediately. 21 d r e 22 c e s k 23 e a n b 24 u [ .223822.2

- 7 - 4 6 8 10 12 14 16 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .225113.2