RECOMMENDATIONS FOR SIJS STATE COURT PREDICATE ORDERS IN CALIFORNIA1
October 2015
In light of increased scrutiny of Special Immigrant Juvenile Status (SIJS)2 state court predicate
orders by U.S. Citizenship and Immigration Services, advocates are advised to include a brief
summary of the factual basis supporting the eligibility findings for SIJS within the state court
predicate order. The following are recommendations for what information to include in state court
predicate orders originating out of family court custody cases, probate/guardianship cases, and
dependency and delinquency cases in California, including sample language.
Suggested Language for SIJS Predicate Orders in Family Court Custody Cases

The Request for Order Regarding Minor’s Eligibility for Special Immigrant Juvenile Status
came on for hearing in Dept. [NUMBER] of the above entitled court on [DATE] at [TIME]
before the Honorable [JUDGE]. Petitioner appeared and was represented by counsel.
[Respondent also appeared.]

The court finds that [NAME] was born in [LOCATION] on [DATE], and that [he/she] is a citizen
and national of [COUNTRY].

The court further finds that this court has jurisdiction under California law to make judicial
determinations about the care and custody of juveniles, as a family law court in [COUNTY],
[STATE].

The minor has been legally committed to, or placed under the custody of an individual or
entity appointed by a State or juvenile court located in the United States, in that this court
granted minor’s [mother/father] sole legal and physical custody of the minor.

The minor remains under this court’s jurisdiction.

The court further finds that reunification of the minor with one or both of [his/her] parents is
not viable due to [abuse, neglect, abandonment, or a similar basis found under California
law].
The Immigrant Legal Resource Center is a national, nonprofit resource center that provides legal trainings, educational materials, and
advocacy to advance immigrant rights. The mission of the ILRC is to work with and educate immigrants, community organizations, and the
legal sector to continue to build a democratic society that values diversity and the rights of all people. For the latest version of this
document, please visit www.ilrc.org. For questions regarding the content of this guide, please contact Rachel Prandini at [email protected].
Legal Services for Children (LSC) was founded in 1975 as one of the first non-profit law firms in the country to provide free legal
representation and social work services to children and youth and has been representing SIJS eligible youth in San Francisco for the past
25 years. LSC also hosts the Bay Area/NorCal SIJS Taskforce to provide support and training to other attorneys representing SIJS-eligible
youth. For questions, please contact Hayley Upshaw at [email protected]. Katie Annand, Law Offices of Katie Annand, and Kate Manning,
Senior Attorney at Legal Advocates for Children and Youth both contributed significantly to this guide, which could not have been written
without their expertise.
2 For a brief introduction to Special Immigrant Juvenile Status and seeking SIJS findings in California courts, see ILRC, Special Immigrant
Juvenile Status (SIJS) Primer: How to Seek SIJS Findings in California Superior Courts, http://www.ilrc.org/resources/special-immigrantjuvenile-status-sijs-primer-how-to-seek-sijs-findings-in-california-supe.
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
IDENTIFY WHETHER REUNIFICATION IS NOT VIABLE DUE TO ABUSE, NEGLECT,
ABANDONMENT AND/OR A SIMILAR BASIS UNDER STATE LAW. In considering which
ground(s) to include, consider definitions of abuse, neglect, abandonment and other
similar bases under state law including:

Abuse: Physical harm inflicted nonaccidentally (Welf. & Inst. Code § 300(a));
Victim of sexual trafficking (Welf. & Inst. Code § 300(a)); Sexual abuse (Welf.
& Inst. Code § 300(d)); Act of cruelty (Welf. & Inst. Code § 300(i)); Abuse
defined – bodily injury, sexual assault, etc. (Fam. Code § 6203); History of
abuse (Fam. Code § 3011(b)); History of sexual abuse (Fam. Code §
3030(a)); Domestic violence (Fam. Code § 6211); Criminal child abuse
(Penal Code § 11165.1, 11165.3, 1116.4, 273.5)

Neglect: Conduct of parent resulting in serious emotional damage (Welf. &
Inst. Code § 300(c)); Harm as a result of failure or inability to supervise or
protect (Welf. & Inst. Code § 300(b)); Neglect/cruel treatment (Fam. Code §
7823(a)); Criminal child neglect (Penal Code § 270, 11165.2)

Abandonment: Child left without provision for support (Welf. & Inst. Code §
300(g)); Child left in the care of one parent, with failure by other parent to
provide support for 1 year, or without communication from the other parent,
with intent to abandon (Fam. Code § 7822(a)(3)); Death, inability or refusal to
take custody, or abandonment (Fam. Code § 3010(b)); Criminal child
abandonment (Penal Code § 270)

Similar basis: Death (leaves the child “without any provision for support” Welf. & Inst. Code § 300(g)); Finding that placement with a parent would be
detrimental to the child’s health, safety, or welfare (Fam. Code § 3041);
Other emerging arguments?

See also: Case law on custody determinations under California law
WITH 2-3 SENTENCES DESCRIBING THE FACTUAL BASIS FOR MINOR’S INABILITY TO
REUNIFY WITH MOTHER/FATHER, FOR EXAMPLE:

Specifically, minor’s father abandoned her at the age of [__]. Minor’s father
has not provided any financial or emotional support since that time, nor has
the father attempted to contact minor in the last [__] years; or

Specifically, minor’s father was physically and emotionally abusive to the
minor. The father hit the minor with a belt on a weekly basis, leaving bruises
and welts on the minor’s body. Further, the father repeatedly told the minor
that she was good for nothing.
The court further finds that it is not in the minor’s best interest to return to [his/her] previous
country of nationality, [COUNTRY].
o
INCLUDE 2-5 SENTENCES DESCRIBING THE FACTUAL BASIS FOR WHY RETURN TO
COUNTRY OF ORIGIN IS NOT IN MINOR’S BEST INTEREST, LOOKING AT FACTORS
SUCH AS:

“Best interests” under California law (Fam. Code § 3011): health, welfare,
safety, amount and nature of contact with parents, history of abuse, domestic
violence, substance abuse, etc.

Abuse, abandonment, or neglect by a parent or other family member in home
country
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
Child’s physical safety in the U.S. versus home country

Gang violence or threats made against the child in the home country

Child’s community and family ties in the U.S.

Custodial parent’s ability and willingness to provide care for the child in the
U.S. versus availability of adult caretaker in the home country

Accessibility of medical, educational or social services in the U.S. versus in
the home country

Child’s fear of retaliation by abusive family members in home country

For example:

The minor does not have any family who can care for him in
[COUNTRY]. His father was abusive and neglectful. The minor has no
other family members in [COUNTRY] able or willing to provide care
and custody. Further, minor’s well-being was threatened by gangs on
multiple occasions. He was assaulted by gang members coming
home from school, and verbally threatened that he would be killed if
he did not join the gang on three occasions. Client is safe in his
mother’s care and custody and is attending school in the United
States.
Suggested Language for SIJS Predicate Order in Guardianship/Probate Court Proceedings

Complete GC-224

In Attachment 5, include a brief summary stating the factual basis for each finding:
o
IDENTIFY WHETHER REUNIFICATION IS NOT VIABLE DUE TO ABUSE, NEGLECT,
ABANDONMENT AND/OR A SIMILAR BASIS UNDER STATE LAW. In considering which
ground(s) to include, consider definitions of abuse, neglect, abandonment and other
similar bases under state law, including:

Abuse: Physical harm inflicted nonaccidentally (Welf. & Inst. Code § 300(a));
Victim of sexual trafficking (Welf. & Inst. Code § 300(a)); Sexual abuse (Welf.
& Inst. Code § 300(d)); Act of cruelty (Welf. & Inst. Code § 300(i)); Abuse
defined – bodily injury, sexual assault, etc. (Fam. Code § 6203); History of
abuse (Fam. Code § 3011(b)); History of sexual abuse (Fam. Code §
3030(a)); Domestic violence (Fam. Code § 6211); Criminal child abuse
(Penal Code § 11165.1, 11165.3, 1116.4, 273.5)

Neglect: Conduct of parent resulting in serious emotional damage (Welf. &
Inst. Code § 300(c)); Harm as a result of failure or inability to supervise or
protect (Welf. & Inst. Code § 300(b)); Neglect/cruel treatment (Fam. Code §
7823(a)); Criminal child neglect (Penal Code § 270, 11165.2)

Abandonment: Child left without provision for support (Welf. & Inst. Code §
300(g)); Child left in the care of a non-parent for 6 months without any
provision for support, or without communication from the parent(s), with
intent to abandon (Fam. Code § 7822); Death, inability or refusal to take
custody, or abandonment (Fam. Code § 3010(b)); Criminal child
abandonment (Penal Code § 270)
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
Similar basis: Death (leaves the child “without any provision for support” Welf. & Inst. Code § 300(g)); Finding that placement with a parent would be
detrimental to the child’s health, safety, or welfare (Fam. Code § 3041);
Other emerging arguments?

See also: Case law on dependency determinations under California law
WITH 2-3 SENTENCES DESCRIBING THE FACTUAL BASIS FOR MINOR’S INABILITY TO
REUNIFY WITH MOTHER/FATHER, FOR EXAMPLE:

The minor is unable to reunify with his father due to abuse and
abandonment. The father physically abused the child by hitting him with his
hands and belt, and then abandoned the child at the age of [__]. Further, the
minor is unable to reunify with his mother due to neglect, in that his mother
failed to protect the minor from the abuse perpetrated by his father.

The minor is unable to reunify with his mother due to abandonment. The
mother abandoned the minor when he was [__] years old. Since that time,
the mother has failed to provide for the minor’s financial or emotional
support.

Specifically, the minor’s mother abandoned the child at the age of [__] and
has not communicated with the child since that time or provided any financial
support. In addition, the minor’s father was abusive and neglectful to the
child, in that he physically abused the minor on an almost daily basis, beating
the child with a stick, and forcing the child to leave school and begin working
in the fields at the age of [__].
INCLUDE 2-5 SENTENCES DESCRIBING THE FACTUAL BASIS FOR WHY RETURN TO
COUNTRY OF ORIGIN IS NOT IN MINOR’S BEST INTEREST, LOOKING AT FACTORS
SUCH AS:

“Best interests” under California law (Fam. Code § 3011): health, welfare,
safety, amount and nature of contact with parents, history of abuse, domestic
violence, substance abuse, etc.

Abuse, abandonment, or neglect by a parent or other family member in home
country

Child’s physical safety in the U.S. versus home country

Gang violence or threats made against the child in the home country

Child’s community and family ties in the U.S.

Ability and willingness of guardian to provide care for the child in the U.S.
(including authority to provide for medical, educational, mental health and
other needs) versus availability of adult caretaker in the home country

Accessibility of medical, educational or social services in the U.S. versus in
the home country

Child’s fear of retaliation by abusive family members in home country

For example:

The minor does not have any family who can care for her in
[COUNTRY]. Her mother abandoned her, and her father was abusive
and neglectful. The minor has no other family members in [COUNTRY]
able or willing to provide care and custody. Further, Client’s well-being
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was threatened by gangs on multiple occasions. She was assaulted
by gang members coming home from school, and verbally threatened
that she would be killed if she did not join the gang on three
occasions.

It is not in the minor’s best interest to return to [COUNTRY]. The minor
has no one to care for him in the home country. The minor was
threatened by [___] when he lived in [COUNTRY], and was assaulted
by the same gang on two occasions. It is in the minor’s best interest
to remain in the United States, where he is safe in the custody of his
guardian and attending high school.
Suggested Language for SIJS Predicate Order in Dependency/Delinquency Proceedings

Complete JV-224

In Attachment 4, include a brief summary stating the factual basis for each finding:
o
IDENTIFY WHETHER REUNIFICATION IS NOT VIABLE DUE TO ABUSE, NEGLECT,
ABANDONMENT AND/OR A SIMILAR BASIS UNDER STATE LAW. For youth in
dependency proceedings, you should generally be citing the ground(s) that are in the
dependency petition that the Court has found true under Welfare and Institutions
Code Section 300. In delinquency proceedings, when considering which ground(s) to
include, consider definitions of abuse, neglect, abandonment and other similar bases
under state law including:

Abuse: Physical harm inflicted nonaccidentally (Welf. & Inst. Code § 300(a));
Victim of sexual trafficking (Welf. & Inst. Code § 300(a)); Sexual abuse (Welf.
& Inst. Code § 300(d)); Act of cruelty (Welf. & Inst. Code § 300(i)); Abuse
defined – bodily injury, sexual assault, etc. (Fam. Code § 6203); History of
abuse (Fam. Code § 3011(b)); History of sexual abuse (Fam. Code §
3030(a)); Domestic violence (Fam. Code § 6211); Criminal child abuse
(Penal Code § 11165.1, 11165.3, 1116.4, 273.5)

Neglect: Conduct of parent resulting in serious emotional damage (Welf. &
Inst. Code § 300(c)); Harm as a result of failure or inability to supervise or
protect (Welf. & Inst. Code § 300(b)); Neglect/cruel treatment (Fam. Code §
7823(a)); Criminal child neglect (Penal Code § 270, 11165.2)

Abandonment: Child left without provision for support (Welf. & Inst. Code §
300(g)); Child left in the care of a non-parent for 6 months without any
provision for support, or without communication from the parent(s), with
intent to abandon (Fam. Code § 7822(a)(2)); Child left in the care of one
parent, with failure by other parent to provide support for 1 year, or without
communication from the other parent, with intent to abandon (Fam. Code §
7822(a)(3)); Death, inability or refusal to take custody, or abandonment
(Fam. Code § 3010(b)); Criminal child abandonment (Penal Code § 270)

Similar basis: Death (leaves the child “without any provision for support” Welf. & Inst. Code § 300(g)); Finding that placement with a parent would be
detrimental to the child’s health, safety, or welfare (Fam. Code § 3041);
Other emerging arguments?

See also: Case law on dependency determinations under California law
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o
o
WITH 2-3 SENTENCES DESCRIBING THE FACTUAL BASIS FOR MINOR’S INABILITY TO
REUNIFY WITH MOTHER/FATHER, FOR EXAMPLE:

Minor’s [mother/father] [abused/abandoned/neglected] the minor in that
[track the language that was sustained in the dependency petition as it
pertains to each parent: e.g., “The child is in the jurisdiction of the court
without provision and supervision. The mother failed to protect the child in
that she allowed the child to leave [country] without appropriate provision
and supervision. The alleged father used physical means to discipline the
child and has anger management problems for which he requires
assessment and treatment.”] Note: if you need to provide more information
than is in the petition, you can submit a separate case summary or
declaration to USCIS.

The minor has been committed to the [care, custody and control of the
Alameda County probation department] and it has been determined that he
cannot be reunified with his [mother/father] due to [abuse/neglect/
abandonment/a similar basis under state law]. Specifically, the minor’s
[mother/father/parents] abandoned the child at the age of [__] and
[has/have] failed to provide any financial or emotional support since that
time. In addition, the child’s [mother/father] had been physically abusive
prior to abandoning the child, hitting him with a belt and hands on a regular
basis.
INCLUDE 2-5 SENTENCES DESCRIBING THE FACTUAL BASIS FOR WHY RETURN TO
COUNTRY OF ORIGIN IS NOT IN MINOR’S BEST INTEREST, LOOKING AT FACTORS
SUCH AS:

“Best interests” under California law (Fam. Code § 3011): health, welfare,
safety, amount and nature of contact with parents, history of abuse, domestic
violence, substance abuse, etc.

Abuse, abandonment, or neglect by a parent or other family member in home
country

Child’s physical safety in the U.S. versus home country

Gang violence or threats made against the child in the home country

Child’s community and family ties in the U.S.

Ability and willingness of one parent/foster parent/guardian/other to provide
care for the child in the U.S. versus availability of adult caretaker in the home
country

Accessibility of medical, educational or social services in the U.S. versus in
the home country

Child’s fear of retaliation by abusive family members in home country

For example:

It is not in the child’s best interest to return to [COUNTRY]. The child
has no one to provide care and custody for him in [COUNTRY], as he
was abandoned by his biological parents and has no other relatives
willing or able to provide care and custody. Further, the child’s wellbeing was threatened in [COUNTRY], in that he was threatened by
gangs on [__] occasions. Rather, it is in the child’s best interest to
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remain in the United States where he is receiving services from the
court and attending high school.

It is not in the child’s best interest to return to [COUNTRY]. The child
was brought to the United States by his parents at the age of 4 and
has no memory of [COUNTRY] and no immediate family to care for
him there. He is receiving supportive services under the Court’s
supervision and is attending high school with a plan to graduate.
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