New Laws Aimed at Reforming the Juvenile Justice System Enacted

This year, two new laws went into effect that will have a significant impact on the juvenile justice system’s treatment of immigrants in California. Assembly Bill 899 clarifies protocols for the sharing of confidential information obtained in juvenile court proceedings with any federal official. Assembly Bill 900 is similarly aimed at providing better support for undocumented youths.

Assembly Bill 899

This new law reiterates that, in California, automatically providing confidential information to immigration officials is not permitted. This prohibition extends to local and state entities, who are also not permitted to share a juvenile’s information with federal immigration officers unless certain steps are taken, including:

• The filing of a petition by the immigration officials, requesting disclosure of the minor’s information; and
• A court’s conclusion that, taking into account the best interests of the child, sharing the information is appropriate.

Juvenile information is defined as any information related to the minor, including his or her:

• Name;
• Date or place of birth; and
• Immigration status obtained by any government agency, such as a court or child welfare agency.

Assembly Bill 900

The recently-enacted Assembly Bill 900 also went into effect this year. The new law provides for better oversight of undocumented, unaccompanied youths between 18 years and 20 years of age by requiring certain protections, including:

• Bringing into line state and federal law by allowing certain youths to achieve special immigrant juvenile status; and
• Granting probate courts jurisdiction over the appointment of legal guardians for single youths between the ages of 18 and 21 years old who wish to petition the United States Citizenship and Immigration Services for the status of a special immigrant juvenile.

Petitions for guardianship can be filed by a relative or anyone on behalf of the youth. Any guardianship granted by the court automatically terminates when the youth reaches the age of majority.

However, the ward may request or consent to the extension of the guardianship until he or she reaches the age of 21 years in order to ensure the completion of the application process for classification as a special immigrant juvenile. Being granted this status is the equivalent of legal permanent residency. Anyone acting on behalf of the youth is permitted to request an extension of guardianship, including relatives.

The granting of the title of guardian is meant to help the youth adjust to a new culture, including language and social norms. If a court finds that a guardian is not performing these duties and that the relationship is not in the youth’s best interest, it is permitted to terminate the guardianship.

The clarification of existing law regarding the confidential nature of a juvenile offender’s information is an important step toward reforming the juvenile justice system. If you or your child has been charged with a criminal offense, it is essential to obtain the advice of an experienced attorney who can help protect your interests. Please contact experienced San Jose criminal defense attorney Wesley Schroeder to schedule a consultation.

Sources:

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160AB899

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB900