Title 14
Delinquent and Dependent Children

Chapter 1
Proceedings in Family Court

§ 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 and to award legal custody or appoint a legal guardian of a person under the age of twenty-one (21) years to be used solely 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 original or 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 the petitioner has 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.