What are the requirements for an immigrant child to be eligible for Special Immigrant Juvenile Status (SIJS) findings in a California state court?

To be eligible for Special Immigrant Juvenile Status (SIJS) findings in California, a court must find that the unmarried child is under its jurisdiction, cannot be reunified with one or both parents due to abuse, neglect, or abandonment, and that it is not in the child's best interest to return to their home country. The child must be under 21 years old when these findings are made. Here is a step-by-step guide to obtaining these findings: Step 1: Establish State Court Jurisdiction You must first file a case in a California Superior Court to place the child under its jurisdiction. This can be done in juvenile court (through a dependency case), probate court (through a guardianship), or family court (through a custody or parentage case). The appropriate court depends on the child's specific circumstances. Step 2: Gather Key Evidence Collect all necessary documents. This includes proof of the child's age (like a birth certificate) and evidence proving abuse, neglect, or abandonment by at least one parent. Evidence can include sworn declarations from the child or others, police reports, child protective services records, or medical records. Step 3: File a Formal Request for SIJS Findings You must file a legal document, such as a formal motion or a specific judicial council form (like Form FL-355), asking the judge to make the specific findings required for SIJS. This request must clearly explain how the child meets each legal requirement under California Code of Civil Procedure § 155. Step 4: Obtain the Final Court Order Attend a court hearing where you will present your evidence. If the judge agrees, they will issue and sign a court order containing the mandatory findings. Ensure the order explicitly states: the child is under the court's jurisdiction; reunification with one or both parents is not viable due to abuse, neglect, or abandonment; and it is not in the child's best interest to be returned to their country of origin. Important Details and Nuances: The child must be under 21 at the time the SIJS findings are requested and issued by the court. The findings only need to concern one parent, meaning the child could potentially remain in the care of the other, non-abusive parent. This state court order is a prerequisite and does not grant any immigration status on its own. Warnings and Limitations: The state court order is only the first part of a two-step process. After receiving the order, you must file a petition (Form I-360) with U.S. Citizenship and Immigration Services (USCIS). The language in the court order must be precise to be accepted by USCIS, so any error can jeopardize the entire case. This is general information and does not constitute legal advice. For complex situations, you should consult with a qualified California attorney experienced in SIJS cases to ensure all requirements are met correctly.