SPONSOR:	Sen. Sorenson & Rep. Miro
	Sens. Amick, Bunting, McDowell; Reps. Maier, M Marshall, Oberle, Schooley, Spence, Valihura

DELAWARE STATE SENATE

143rd GENERAL ASSEMBLY

SENATE BILL NO. 394

AN ACT AUTHORIZING FAMILY COURT TO GRANT EXTENDED JURISDICTION OVER MARILU SANDOVAL RAMIREZ AND ELVIRA CHILEL NIZ.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

The Family Court may grant extended jurisdiction over Marilu Sandoval Ramirez and Elvira Chilel Niz for planned permanent foster care for the purposes of obtaining Special Immigrant Juvenile Status under federal immigration law. Family Court had jurisdiction over them before they reached the age of 18, they have not reached the age of 21 and they are amenable to Family Court’s continued involvement.

The Order extending jurisdiction expires upon the twenty-first birthday of the person subject to extended jurisdiction.

Upon Motion of any party, the Order extending jurisdiction may be terminated upon a finding that one or more of the following has taken place:

1. The person subject to extended jurisdiction is awarded legal permanent resident status;

2. The person subject to extended jurisdiction is no longer amenable to Family Court’s continued involvement;

3. The person subject to extended jurisdiction is arrested on a felony criminal charge; or

4. For other good cause shown.

SYNOPSIS

This Bill extends Family Court jurisdiction to 2 noncitizen children who need to be eligible for long term foster care to qualify for Special Immigrant Juvenile Status under federal immigration law. The Bill also allows that jurisdiction to end once the immigration application is approved or the subject of the extended jurisdiction turns 21. Special Immigrant Juvenile Status is awarded to youths who cannot safely return to the country where they are citizens. 8C.F.R. §204.11; INA §101(A)(27)(J); 8 USC §1101(a)(27)(j).

AUTHOR: Sen. Sorenson