Undocumented Youth and Family Law Proceedings. King County Bar Association Continuing Legal Education December 5, 2014



Similar documents
Quick Guide: SIJS & Washington State Proceedings

Opportunities to Make SIJS Findings in State Court Cases

PROTECTIVE SERVICES SPECIAL IMMIGRANT JUVENILE STATUS AND LEGAL PERMANENT RESIDENCY APPLICATION GUIDE AND INSTRUCTIONS

Of Catholic Charities Atlanta or

INVITATION TO COMMENT SPR15-

Processing and Outcomes of Special Immigrant Juvenile Status in Los Angeles

Shotgun Weddings: Family Law Issues in Immigration Cases. Marriage Issues. Marriage Issues

SPECIAL IMMIGRANT JUVENILE STATUS

Serving Teens Transitioning Into Adulthood. The Condensed Version

MONTGOMERY COUNTY CIRCUIT COURT FAMILY DIVISION

Children, Youth & Families

SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES CHAPTER SIX ADOPTION RULES...137

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE Family Law Alternate Defense Attorney Panel

What You Need to Know About Baby Court. Presented by Ryan Krench, Attorney General s Office

PACKET 9. Forms for a Petition for Temporary Custody When:

A GUIDE TO UNDERSTANDING THE EMANCIPATION OF A MINOR

Serving Immigrant Families and Children in New York City's Child Welfare System

Child and Family Services Policy Manual: Legal Procedure Temporary Legal Custody

State Court Child Welfare Proceedings- An Overview

CHILD PROTECTIVE SERVICES (CPS) and DEPENDENCY ACTIONS. The Role of CPS

NORTH CAROLINA JUVENILE COURT: A HANDBOOK FOR PARENTS IN ABUSE, NEGLECT AND DEPENDENCY HEARINGS

CHAPTER 13 DISPOSITION HEARING TABLE OF CONTENTS

Collin Juvenile Board Plan

Domestic Violence: Can the Legal System Help Protect Me?

GENERAL INFORMATION ABOUT ADOPTION PROCEDURES

New Immigration Relief Programs: What you need to know! A Presentation of the San Diego Immigrant Rights Consortium

You may petition for adoption in the Probate Division of the Vermont Superior Court if:

Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP SENATE SPONSORSHIP

How To Become A Court Appointed Attorney

Before the New York City Council Committees on Immigration and Courts and Legal Services Testimony -presented on September 29, 2014

Immigration Consequences of Criminal Conduct for the Appellate Attorney. CPCS Immigration Impact Unit 2012

State of Ohio, County of ) Subscribed, sworn to, and acknowledged before me this day of, 20.

Grandparent Power of Attorney (POA) Checklist

Legal Safeguards for Children In New Mexico

What happens when your child is removed from your home

DETENTION HEARINGS By Michael C. O Brien Assistant District Attorney 305 th District Court, Dallas, Texas

A U.S. IMMIGRATION LAW FIRM. Immigration Law Overview

9 FAM SUSPENSION OR TERMINATION OF ACTION IN PETITION CASES

Immigrant Children & Family Courts in New York State: Challenges and Avenues for Relief

Brooklyn Defender Services

Questions and Answers August 22, 2011

Obtaining and Terminating U.S. Citizenship and Preserving and Terminating U.S. Green Cards. Steve Trow November 2012

Guardianships: Wyoming Law Nuts and Bolts

32. Legal relationships to child

Delaware UCCJEA 13 Del. Code 1901 et seq.

Immigration Attorney Fees

Grossman Law, LLC Tel: N. Washington St. Suite 350 Fax: EB-5 IMMIGRANT VISA

POWER OF ATTORNEY FORM. AUTHORIZED BY SECTIONS to OF THE OHIO REVISED CODE I, the undersigned, residing at, in the

THE BASICS Adoption in New York State

Please note, however, that a guardianship does not give the guardian control over the child s property or assets.

New enforcement priorities and overhaul of information sharing program with local jails

FEDERALISM THE SYSTEM OF GOVERNMENT IN THE UNITED STATES

PARENT GUIDE TO THE JUVENILE COURT CHIPS PROCESS

COURT APPOINTED ATTORNEY APPLICATION

Brooklyn Defender Services

October 15, Re: Flores, et al., v. Holder, et al., No. CV (C.D. Cal.).

Uzoamaka Emeka Nzelibe (312)

SPECIAL IMMIGRANT JUVENILE STATUS: A PRIMER FOR ONE-PARENT CASES

Pakistan. Country Information

Building Bridges to Benefit Youth

CHILD WELFARE SERVICES PROGRAM Handbook REQUIREMENTS Handbook PROBATE CODE

RULES OF THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT, STATE OF ILLINOIS (BOND AND MADISON COUNTIES)

SUPERIOR COURT OF CALIFORNIA County of Sacramento th Street Sacramento, CA (916) Website

Legal Authority: 42 CFR ; 42 CFR ; 42 CFR ; 42 CFR ; SSA SI 00502

Understanding the Criminal Bars to the Deferred Action Policy for Childhood Arrivals

Services Available for Asylee and Refugee

PROBATE COURT USER GUIDE TERMINATION OF PARENTAL RIGHTS AND ADOPTIONS PUBLISHED BY OFFICE OF THE PROBATE COURT ADMINISTRATOR STATE OF CONNECTICUT

TRIAL COURT OF MASSACHUSETTS

Adoptions. Ohio Association of Probate Judges

Superior Court of California County of Los Angeles

Juvenile Defense Attorney Interim Committee

Huron County Juvenile Court

Non-Custodial Parent Rights in South Carolina July 2010

NOTICE TO GRANDPARENT

POWER OF ATTORNEY., the parent(s), the undersigned, residing at, in the county of, state of, hereby appoint the child s

LEGAL AND IMMIGRATION SERVICES

Immigrants Rights to Public Benefits in Pennsylvania

Fact Sheet August 22, 2011

What Teens Need to Know

CHAPTER 15 GUARDIANSHIP

The Child Welfare and Juvenile Justice Systems and Children with Complex and Enduring Needs

MARYLAND CODE Family Law. Subtitle 1. GENERAL PROVISIONS

Guardianship and Third Party Custody Law Sample Pleadings for Indiana Attorneys (These Documents Should Not be Used by Unrepresented Parties)

TITLE 89: SOCIAL SERVICES CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY

GEORGIA DIVISION OF FAMILY AND CHILDREN SERVICES CHILD WELFARE POLICY MANUAL

EDUCATIONAL DECISION MAKERS AND SURROGATE PARENTS IN PENNSYLVANIA:

FAIRFAX CIRCUIT COURT ATTORNEY ISSUED SUBPOENA GUIDELINE PROCEDURES AND FORMS

Overview. Chapter 1: 1.1 Purpose of Manual 2

SPECIAL IMMIGRANT JUVENILE STATUS IN FLORIDA A Guide for Judges, Lawyers, and Child Advocates

When should this form be used?

International Child Abduction

EB-5 Immigrant Investor

Assembly Bills 12 and 212 Written Report Requirements for Social Workers

02 DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION MAINE COMMISSION ON INDIGENT LEGAL SERVICES

INVITATION TO COMMENT W16-09

2015 IL App (2d) U No Order filed October 15, 2015 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT

IN THE COURT OF COMMON PLEAS, CUYAHOGA COUNTY, OHIO JUVENILE DIVISION. GRANDPARENT POWER OF ATTORNEY Pursuant to to , Ohio Revised Code

I WAS ARRESTED BY THE POLICE AND I BELIEVE THEY WILL TURN ME OVER TO IMMIGRATION. I WAS ARRESTED BY IMMIGRATION.

JACKSON PUBLIC SCHOOL DISTRICT Pupil Registration

Pregnancy and Parenting. A Legal Guide for Adolescents. With special information for their parents

Transcription:

Undocumented Youth and Family Law Proceedings King County Bar Association Continuing Legal Education December 5, 2014 Mary Van Cleve, Columbia Legal Services Zaida Rivera, Northwest Immigrant Rights Project Rebekah Fletcher, Kids in Need of Defense

Surge of Youth Family Law Cases Undocumented Youth (1) Children apprehended and deemed unaccompanied > detained by federal government > released to parent/relative/adult caretaker (2) Undocumented children who have never been apprehended > residing with parent/relative/caretaker Increased number of youth released WA, often NPC cases Also, recent Executive Order may lead to more family law cases.

Undocumented Youth may be eligible for Special Immigrant Juvenile Status (SIJS) Consult with immigration attorney (or referral from immigration attorney) to make sure SIJS is appropriate. SIJS is a nonimmigrant visa. It then allows qualifying youth to petition the federal government for lawful permanent residence (green card). Lawful permanent residence: protects against deportation, allows for work authorization, ID ( documented ), eligible for federal student financial aid, after 5 years of LPR can petition for citizenship.

First step in getting SIJS: State Court Findings State court order with predicate findings required before petitioning immigration authorities for SIJS status Any Washington state court with jurisdiction over the placement of a child can issue findings. Possible proceedings are: Dependency, TPR, NPC, Guardianship, Adoption, Delinquency, Dissolution/Legal Separation, Paternity/Parentage, Parenting Plan Modifications, DVPO s, CHINS and ARY.

SIJS State Court Findings Separate, predicate order with required findings recommended other pleadings not filed with visa petition. Child must be under State court jurisdiction at time of filing, AND at the time visa is adjudicated unless jurisdiction ended on account of age (e.g., at age 18).

What are SIJS State Court Findings? Court has jurisdiction to make judicial determination about the custody and care of a juvenile; Under 21; unmarried; Youth is declared dependent or legally committed to or placed under custody of an individual or entity appointed by the court; It is not in youth s best interest to be returned to his or her parents previous country of nationality or last habitual residence; and Reunification with one or both of the parents is not viable due to abuse, neglect or abandonment or similar basis found in state law.

Closer Look: It is not in youth s best interest to be returned to his or her parents previous country of last habitual residence Generally, the same factors considered in other best interest determinations under state law. Other factors: comparing access to food, shelter, and education in the U.S. and country of origin. Also of importance may be the ability of the youth s parents to keep the youth safe if return home is to an area of gang violence.

Closer Look: Reunification with one or both of the parents is not viable due to abuse, neglect, or abandonment or similar basis found in state law. SIJS findings may be obtained if youth is living with one parent. Abuse, neglect, abandonment or similar basis (e.g., no parent available dependency finding) is viewed under WA law, even if it might seem culturally appropriate in the home country. Under federal law: reunification not viable is not further defined; no requirement that parental rights terminated or that reunification will never be viable.

Sources of Law 8 USCA 1101(a)(27)(J) Implementing regulations at 8 CFR 204.11 (new regulations pending since 9/11) Congress deferred to state courts to make the predicate findings

Nonparental Custody Cases Potential custodian is the client, not the youth. Parents may be amenable to joining the petition, making service easier (and allowing for waiver of final order. In this situation, a finding of parental unsuitability is not necessary.) Potential custodians or other relatives may be able to provide declarations to help establish record for SIJS findings. If parents not joining, pleadings that support a finding that the parents are unsuitable custodians may dovetail with those for obtaining SIJS findings.

Service of Process RCW 4.28 addresses personal services, service by mail, publication Civil Rule 4 (i) Alternative provisions for Service in a foreign country List of authorized methods 4(i)(G) as directed by order of the court Must comply with international treaties Reasonably calculated under all circumstances to give actual notice Motion for Order Approving Alternative Method of Service

Translation Issues Court forms available in Spanish Motion for payment of interpreter? RCW 2.43.040(3) cost born by non-english speaking person initiating case, unless indigent Interpreter resources Washington State Court Interpreter Program Translator Database http://www.courts.wa.gov/programs_orgs/pos_interpret/ Washington State Coalition for Language Access Interpreter and Translator Directory http://www.wascla.org/directory/ Private interpreting services Evergreen Interpreting and Translating Services (telephonic, inperson, or document translation) http://evergreeninterpreting.com/

Contact Information Mary Van Cleve mary.vancleve@columbialegal.org 206-287-8622 Zaida Rivera zaida@nwirp.org 206 Rebekah Fletcher rfletcher@supportkind.org 206 359 6203