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AB-2090 Guardianships: special immigrant juvenile status.(2017-2018)

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Date Published: 03/20/2018 04:00 AM
AB2090:v98#DOCUMENT

Amended  IN  Assembly  March 19, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2090


Introduced by Assembly Member Gonzalez Fletcher

February 07, 2018


An act to amend Section 17205 1510.1 of the Probate Code, relating to trusts. guardianships.


LEGISLATIVE COUNSEL'S DIGEST


AB 2090, as amended, Gonzalez Fletcher. Trusts: judicial proceedings. Guardianships: special immigrant juvenile status.
Existing federal law, the Immigration and Nationality Act, establishes a procedure for classification of certain aliens as special immigrants who have been declared dependent on a juvenile court, and authorizes those aliens to apply for an adjustment of status to that of a lawful permanent resident within the United States. Under federal regulations, an alien is eligible for special immigrant juvenile status if he or she is under 21 years of age. Existing state law provides that the juvenile, probate, and family divisions of the superior court have jurisdiction to make judicial determinations regarding the custody and care of juveniles within the meaning of the federal Immigration and Nationality Act. Existing law also requires the court, upon request, to make the necessary findings regarding special immigrant juvenile status if there is evidence to support those findings.
Existing law establishes the jurisdiction of the probate court. Existing law regulates the establishment and termination of guardianships in probate court, and specifies that a guardian has the care, custody, and control of a ward.
Existing law authorizes the court to appoint a guardian of the person of an unmarried individual who is 18 years of age or older, but who has not yet attained 21 years of age, in connection with a petition to make the necessary findings regarding special immigrant juvenile status, as specified, if the proposed ward consents. Existing law authorizes the petition for guardianship to be filed by a relative or any other person on behalf of the proposed ward, or by the proposed ward.
This bill would clarify that a parent is authorized to file a petition for guardianship of the proposed ward under those provisions.

Existing law authorizes a trustee or a beneficiary of a trust to petition a court to make determinations about the trust or to establish the existence of a trust. Existing law prescribes the procedure governing these proceedings, which includes requiring a petitioner to cause a copy of the petition to be delivered to a trustee or beneficiary who has filed and served a notice of appearance in connection with a particular petition, or who has requested a copy of the petition, within 5 days after service of the notice or receipt of the request, as specified.

This bill would make a technical, nonsubstantive change to these provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1510.1 of the Probate Code is amended to read:

1510.1.
 (a) (1) With the consent of the proposed ward, the court may appoint a guardian of the person for an unmarried individual who is 18 years of age or older, but who has not yet attained 21 years of age, in connection with a petition to make the necessary findings regarding special immigrant juvenile status pursuant to subdivision (b) of Section 155 of the Code of Civil Procedure.
(2) A petition for guardianship of the person of a proposed ward who is 18 years of age or older, but who has not yet attained 21 years of age, may be filed by a relative parent, relative, or any other person on behalf of the proposed ward, or the proposed ward.
(b) (1) At the request of, or with the consent of, the ward, the court may extend an existing guardianship of the person for a ward past 18 years of age, for purposes of allowing the ward to complete the application process with the United States Citizenship and Immigration Services for classification as a special immigrant juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code.
(2) A relative or any other person on behalf of a ward, or the ward, may file a petition to extend the guardianship of the person for a period of time not to extend beyond the ward reaching 21 years of age.
(c) This section does not authorize the guardian to abrogate any of the rights that a person who has attained 18 years of age may have as an adult under state law, including, but not limited to, decisions regarding the ward’s medical treatment, education, or residence, without the ward’s express consent.
(d) For purposes of this division, the terms “child,” “minor,” and “ward” include an unmarried individual who is younger than 21 years of age and who, pursuant to this section, consents to the appointment of a guardian or extension of a guardianship after he or she attains 18 years of age.
(e) The Judicial Council shall, by July 1, 2016, adopt any rules and forms needed to implement this section.

SECTION 1.Section 17205 of the Probate Code is amended to read:
17205.

If a trustee or beneficiary has served and filed either a notice of appearance, in person or by counsel, directed to the petitioner or the petitioner’s counsel in connection with a particular petition and proceeding or a written request for a copy of the petition, and has given an address to which notice or a copy of the petition may be delivered pursuant to Section 1215, the petitioner shall cause a copy of the petition to be delivered to that person no later than five days after service of the notice of appearance or receipt of the request.