Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Judiciary Committee

HB 1988

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Title: An act relating to implementing a vulnerable youth guardianship program.

Brief Description: Implementing a vulnerable youth guardianship program.

Sponsors: Representatives Ortiz-Self, Santos, McBride and Frame.

Brief Summary of Bill

  • Creates a new legal proceeding, known as a Vulnerable Youth Guardianship, authorizing a court to appoint a guardian for certain immigrant youth between the ages of 18 and 21 who have been abandoned, abused, or neglected.

Hearing Date: 2/14/17

Staff: Audrey Frey (786-7289).

Background:

Federal Special Immigrant Juvenile Status.

The federal Special Immigrant Juvenile (SIJ) status, created in 1990 and modified in 2008 by the Trafficking Victims Protection and Reauthorization Act, is designed as a pathway for children living in the United States (U.S.) who are not U.S. citizens, do not have permanent residence, and have been abused, neglected, or abandoned by one or both parents, to obtain lawful, permanent residence.

To petition for SIJ status, a child must file a Form I-360 with the U.S. Citizenship and Immigration Services (USCIS). The SIJ status allows a child to apply for a green card (lawful permanent residence) while remaining in the United States. A child who receives a green card through the SIJ program can never petition for a green card for his or her parents.

To be eligible for SIJ status, a child must:

The state court order necessary for a child to be eligible to petition for SIJ status must:

The issuance of a state court order making the required findings is a prerequisite for a child to apply for SIJ status; however, the decision about whether to grant the child's petition for SIJ status is ultimately up to a federal agency, the USCIS.

Washington State Courts. The federal SIJ law allows a person under 21 years of age to qualify for SIJ status. However, Washington's juvenile courts are generally unable to take jurisdiction of persons age 18 and older, making it difficult for youth between the ages of 18 and 21, who may otherwise qualify for SIJ status, to obtain the necessary court order from a Washington state court.

Summary of Bill:

Vulnerable Youth Guardianship Petition Requirements.

The juvenile divisions of the superior courts are authorized to appoint a guardian for a consenting vulnerable youth between 18 and 21 years of age who files a petition with the court showing each of the following:

Proposed guardians may include, but are not limited to, parents, licensed foster parents, relatives, and suitable persons. "Suitable person" means a nonrelative who has completed all required criminal history background checks and otherwise appears to be suitable and competent to provide care for the youth.

Filing Fee. No filing fee can be associated with a vulnerable youth guardianship petition.

Vulnerable Youth Guardianship Hearings.

Procedure and Evidence. Both the vulnerable youth and the proposed guardian have the right to present evidence and cross-examine witnesses at the hearing on a vulnerable youth guardianship petition.

Standard and Burden of Proof. A vulnerable youth guardianship must be established if the court finds by a preponderance of the evidence that:

Vulnerable Youth Guardianship Orders.

If the necessary findings are made at the hearing, the court is required to issue an order establishing a vulnerable youth guardianship that:

The standards and requirements for relocation under the dissolution proceedings and legal separation laws do not apply to vulnerable youth guardianships, unless specifically ordered by the court.

The court is required to provide a certified copy of the vulnerable youth guardianship order to the vulnerable youth and the guardian.

Modification of Vulnerable Youth Guardianships.

The youth may request, at any time, that the court:

If a party other than the youth requests that the court modify the guardianship provisions, the youth must agree to any modifications.

Termination of Vulnerable Youth Guardianships.

There are several ways that a vulnerable youth guardianship may terminate:

The vulnerable youth and the guardian or prospective guardian have the right to be represented by counsel of their choosing and at their own expense.

Appropriation: None.

Fiscal Note: Requested on 2/8/17.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.