2025 -- S 0809

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LC001158

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN

FAMILY COURT

     Introduced By: Senators Mack, Acosta, Zurier, Gu, Ujifusa, Quezada, Euer, and
Bissaillon

     Date Introduced: March 14, 2025

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 14-1 of the General Laws entitled "Proceedings in Family Court" is

hereby amended by adding thereto the following section:

     14-1-5.2. Expanded jurisdiction for special immigrant juvenile status findings. (a)

The family court shall have jurisdiction to make factual findings under this section to be used in

conjunction with a petition to the United States Citizenship and Immigration Services for

designation of the minor child as having special immigrant juvenile status (herein this section

referred to as “SIJS”) under 8 U.S.C. § 1101(a)(27)(J) including, but not limited to, determinations

regarding the following:

     (1) Whether the child has been declared dependent on the court, or legally placed under the

custody of an individual or entity appointed by the court;

     (2) Whether reunification with one or both parents is not viable due to abuse, neglect,

abandonment, or a similar basis under state law; and

     (3) Whether it is not in the best interest of the child to be returned to the child’s country of

nationality or last habitual residence.

     (b) For purposes of this section, the term “child” shall include any unmarried person under

twenty-one (21) years of age who files a petition for relief under this section.

     (c) The family court shall have continuing jurisdiction to make the findings set forth in

subsection (a) of this section for any petitioner who is under the age of twenty-one (21) at the time

of filing, regardless of whether they have reached the age of eighteen (18) before the court issues

its findings.

     (d) A petition for factual findings under this section may be filed as an independent action

or in conjunction with any other proceeding over which the family court has jurisdiction including,

but not limited to, guardianship, child custody, adoption, and dependency matters.

     (e) The court’s jurisdiction to issue findings under this section shall be solely for the

purposes of making the necessary factual determinations to support a petition for SIJS and shall not

confer any independent immigration status.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN

FAMILY COURT

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     This act would grant Rhode Island's family court jurisdiction to make findings for Special

Immigrant Juvenile Status petitions, including determinations about dependency, parental

reunification, and the child’s best interest, for minors under twenty-one (21) years.

     This act would take effect upon passage.

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