Chapter
22
Special Immigrant Juvenile Status
(Family Law Portion)
Eligible unaccompanied immigrant children are entitled to special
protections under U.S. law. Because these children and teens are often
orphans, neglected, or fleeing abusive home lives, they are defenseless
and often targets of exploitation—both in their home countries and in the
U.S. Special Immigrant Juvenile Status allows a child to remain in a safe
environment in the U.S., to attend school, and eventually to obtain lawful
permanent residency.
P
ro Bono1 assistance is critical to protect an unaccompanied child’s
rights because without legal counsel, these children may never know
or exercise their rights.
22.1 Overview
Special Immigrant Juvenile Status (“SIJS”) was specifically created for an undocumented
child2 who is under the jurisdiction of a state juvenile court and who cannot be returned to
the child‟s parents due to abuse, neglect, or abandonment.
Once a child who has received Special Immigrant Juvenile Status becomes a permanent
resident, the child‟s parents are permanently barred from receiving any immigration benefit
based on their relationship to the child.
This chapter provides a substantive overview of the SIJS process, including an in-depth
analysis of both state court and immigration procedures and pleadings.
1
As with adults placed in removal proceedings, an unaccompanied child “shall have the privilege of being
represented, at no expense to the Government.” INA § 240(b)(4) (emphasis added).
2
An “unaccompanied alien child” is a child who: “(A) has no lawful immigration status in the United States; (B) has
not attained 18 years of age; and (C) with respect to whom (i) there is no parent or legal guardian in the United
States; or (ii) no parent or legal guardian in the United States is available to provide care and physical custody.” 6
USC § 279(g)(2).
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Sample documents and templates, statutory and regulatory references, and immigration
forms have been provided in the appendices at the end of this chapter.
22.2 Requirements for Special Juvenile Immigrant Status
The requirements for Special Immigrant Juvenile Status are set out in federal statute3 and
regulations.4
1. “Juvenile Court” is to Make Findings as Presented in a Court Order. Federal
regulation provides that any court in the United States with authority to make placement
and custody decisions over a juvenile is a “juvenile court” enabled to make SIJS
findings.5 Congress purposely designated these courts to make the required predicate
findings because state courts hold expertise regarding child-related matters and are
uniquely placed to make decisions concerning the best interest of a child.
The required findings are to be set out in a simple order, signed by the state court judge.
The order should include brief but specific findings of fact to show that the court has
made an informed decision, and a brief summary of the evidence relied upon to make
the findings.6
2. Court Must Declare Child to Be a Court Dependent. A “juvenile court‟s” acceptance
of jurisdiction over the custody of a child renders the child dependent on the court for
SIJS purposes because such jurisdiction empowers the court to make decisions about
the child‟s “custody and care.”7 Furthermore, placement of a child in a conservatorship
by a court does not preclude a finding of the child‟s dependence on the court for SIJS
purposes.8
3. Court Must Find the Child is “Deemed Eligible for Long-Term Foster Care,”
meaning Parental Reunification is Not a Viable Option. To establish and maintain
eligibility for Special Immigration Status, the statute requires a determination by a state
3
“Special immigrant juvenile” is defined in the Immigration and Nationality Act (“INA”) § 101(a)(27)(J), codified at 8
USC § 1101(a)(27)(J). The law was created by § 153 of the Immigration Act of 1990. The INA can be found online at:
http://www.uscis.gov/ and then click on the “Laws and Regulations” tab.
4
The Code of Federal Regulations sets forth the standards for implementing the statute at 8 CFR § 204.11. The CFR
can be found online at: http://www.uscis.gov/ and then click on the “Laws and Regulations” tab.
5
Id. § 204.11(a) (defining a “juvenile court” as a court “located in the United States having jurisdiction under State law
to make judicial determinations about the custody and care of juveniles.”)
6
“Memorandum #3 – Field Guidance on Special Immigrant Juvenile Status Petitions”, issued by William R. Yates,
Associate Director for Operations (May 27, 2004).
7
Id. See also Tex. Fam. Code §§ 152.201, et seq.
8
The issue of a child placed in a conservatorship was conclusively settled in Matter of Menjivar. In that case, which
concerned an SIJS case in Dallas, the Administrative Appeals Unit of the then-Immigration and Naturalization Service
ruled that the family court‟s placement of the child in a conservatorship did not preclude a finding that the child was
dependent upon the court for SIJS purposes. Matter of Menjivar, File A070-117-167, INS Administrative Appeals Unit
(Dec. 27, 1994).
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court that the child is “deemed eligible […] for long term foster care” due to abuse,
neglect, or abandonment of the child.9
a. “Deemed Eligible for Long-Term Foster Care.” The federal regulation defines
“eligible for long term foster care” to mean “family reunification is no longer a
viable option” and the child “normally will be expected to remain in foster care
until reaching the age of majority, unless the child is […] placed in a guardianship
situation.”10 The regulation further provides:
For the purposes of establishing and maintaining eligibility
for classification as a special immigrant juvenile, a child
who has been […] placed in a conservatorship situation
after having been found dependent upon a juvenile court in
the United States will continue to be considered eligible for
long-term foster care.11
Thus, a child who is placed in a conservatorship12 remains “eligible for long term
foster care” under applicable regulations even though not actually placed in longterm foster care.
b. “Family Reunification is No Longer a Viable Option.” The regulations define
“eligible for long term foster care” to mean “a determination has been made by
the juvenile court that family reunification is no longer a viable option.” 13
Additionally, the regulations specifically require that the dependency declaration
be issued “in accordance with state law governing such declarations of
dependency.”14 As a dependency declaration (i.e., managing conservatorship) 15
is typically established through a “Suit Affecting the Parent-Child Relationship,”16
(SAPCR) (with few exceptions) only a natural parent or a person with a courtordered obligation or relationship to the child is entitled to notice of the suit. 17
There is no requirement that other family members be notified of or participate in
the suit.18
9
8 USC § 1101(a)(27)(J)(i).
10
8 CFR § 204.11(a).
11
Id. (emphasis added).
12
See Tex. Fam. Code § 153.001, et. seq.
13
8 CFR § 204.11(a). The statute further provides that “a child who has been […] placed in a conservatorship
situation after having been found dependent upon a juvenile court in the United States will continue to be considered
eligible for long-term foster care.” Id.
14
8 CFR § 204.11(c)(3) (emphasis added).
15
See Tex. Fam. Code § 153, Subchapter G: Appointment of Nonparent as Conservator.
16
Tex. Fam. Code § 101.032.
17
Tex. Fam. Code § 102.009(a).
18
For this reason, it is imperative that the order state that all parties entitled to notice were properly served.
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Therefore, the typical dependency declaration concerns only the parent-child
relationship and the state court may find that “family reunification is no longer a
viable option” and issue an order that addresses and impacts only the child‟s
parents.
4. Court’s Findings and Order Must Be Based on Abuse, Neglect, or Abandonment of
the Child. To be sufficient for SIJS purposes,19 and to combat claims of fraudulently
seeking immigration status, the court‟s order should specifically identify abuse, neglect,
or abandonment as the basis for the dependency or placement order.
Texas law is specific in what constitutes abuse,20 neglect,21 and abandonment,22 and
may provide for the termination23 of the parent-child relationship under enumerated
instances of each.
5. Court Must Find that Return to Home Country is Not in Child’s Best Interest. In
issuing any order, the paramount concern of the court remains the best interest of the
child.24 In concert with public policy of the State, the court‟s overarching concern for the
child remains provision of a “safe, stable, and nonviolent environment for the child.” 25
Thus, where evidence indicates a return to the child‟s homeland would jeopardize the
child‟s safety or wellbeing, the court should find the child‟s return is not in the child‟s best
interest, and the court‟s order should include a finding to that extent. 26
The regulations specifically address the state court‟s capacity to issue an order declaring
a return to the child‟s homeland not to be in the child‟s best interest.27
In issuing field guidance regarding SIJS, the U.S. Citizenship and Immigration Services
specifically noted that a decision concerning the best interest of the child “may be made
19
There is no requirement in the statute, regulation, or U.S. Citizenship and Immigration Services memoranda for the
abuse, neglect, or abandonment to occur or to have occurred in the United States. Many immigrant children have lost
or escaped abusive parents in their country of origin and arrived alone in the United States. The only legal issue is
whether the family court has made its determination based on abuse, neglect, or abandonment of the child as defined
under state law.
20
Tex. Fam. Code § 261.001(1).
21
Id. § 261.001(4). See Zheng v. Pogash, 416 F. Supp. 2d 550, 559-560 (2006) (discussing “neglect” under Texas
law in the context of SIJS).
22
Id. § 152.102(1) (defining “abandoned” as “left without provision for reasonable and necessary care or
supervision.”).
23
Id. § 161.001.
24
Id. § 153.002 (“The best interest of the child shall always be the primary consideration of the court in determining
the issues of conservatorship […].”)
25
Id. § 153.001.
26
8 USC § 1101(a)(27)(J)(ii) (defining a special immigrant juvenile as a child “for whom it has been determined in
administrative or judicial proceedings that it would not be in the alien‟s best interest to be returned to the alien‟s or the
parent‟s previous country of nationality or country of last habitual residence …”).
27
Id.
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by the [state] juvenile court,” 28 and encourages state courts to “address this issue and
incorporate a finding of fact into the court order.”29
A court may find such proof in documentary evidence, or in its own knowledge that the
child has no known appropriate or accountable family in the home country to care for the
child.
6. Juvenile Court Must Retain Jurisdiction Until Application Is Granted. Federal
regulation requires the applicant remain under juvenile court jurisdiction until the petition
is finally decided and the applicant is granted lawful permanent residency.30 The
interview may take place several months to a year or more after the SIJS application is
filed, depending on the local backlog and complexity of the case. Jurisdiction must be
retained over the child throughout the application process or the SIJS application may be
denied.
AGE OUT WARNING!
Although federal regulations provide that an applicant may apply until age 21, a child will
“age out” of eligibility for Special Immigrant Juvenile Status at age 18 in Texas because
the child will cease to be under the jurisdiction of a “juvenile” court.
22.3 State Court Procedures
The two-part process for obtaining SIJS begins in the family court, and is commenced by
initiating a “Suit Affecting the Parent-Child Relationship” (hereinafter “SAPCR”),31 which
seeks the appointment of an individual, including someone other than a child‟s parent, to be
responsible for the care, custody, and control of the child.
Although public policy considers the rights of parents, of equal concern is the provision of a
“safe, stable, and nonviolent environment for the child,”32 which may necessitate
appointment of a non-parent managing conservator to care for the child.
28
See supra note 6.
29
Id.
30
8 CFR § 204.11(c)(5).
31
Tex. Fam. Code § 101.032(a). See generally William V. Dorsaneo, III, Texas Litigation Guide, Chapter 370:
SAPCR Procedures (2006).
32
Tex. Fam. Code § 153.001(2).
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Family Law Portion of SIJS
Pro Bono (PB) Completes Initial Screening and Establishes Timeline
(Child Must Meet 6 Month Residency Requirement)
↓
PB Files SAPCR (and Other Required Documents)
↓
PB Finds
Attorney Ad Litem (contact HRI
and we will locate an additional
pro bono to complete this
portion)
PB Files Memorandum of
Points and Authorities
↔
↓
(Approximately 30 Days Later)
PB Requests Appointment of Attorney Ad litem; Ad Litem Files Statement of Evidence with Court
↓
PB, Client, Guardian, and Ad Litem Attend Prove Up Hearing and Receive Order
↓
PB Contacts HRI to Discuss Immigration Portion
1. Definitions. Statutory definitions are of critical importance in establishing the scope and
applicability of SAPCR proceedings, and the rights and duties of the parties.
Comprehension of and familiarity with the following statutory definitions is recommended
for a clear understanding of SAPCR proceedings.
“Abandoned” …………………………………………
“Abuse” ………………………………………….……
“Adult” ………………………………………...………
“Best Interest of Child” …………………………......
“Child” (or “Minor”) ..…………………………………
“Danger to Physical Health or Safety of Child” …..
“Factors in Determining Best Interest of Child” .....
“Health Insurance” …………………..………………
“Managing Conservatorship” ………………...….…
“Medical Support” ……………………………….....
“Medical Support Order” ……………………………
“Neglect” ……………………………………......……
“Parent” ………………………………………………
“Parent-Child Relationship” …...………………...…
“Rights and Duties of Nonparent Appointed as:
Sole Managing Conservator” ……………….….
Joint Managing Conservator” …………….…….
“Suit Affecting the Parent-Child Relationship” .......
Tex. Fam. Code § 152.102(1)
Tex. Fam. Code § 261.001(1)
Tex. Fam. Code § 101.003(c)
Tex. Fam. Code § 153.002
Tex. Fam. Code § 101.003(a)
Tex. Fam. Code § 101.009
Tex. Fam. Code § 263.307
Tex. Fam. Code § 101.015
Tex. Fam. Code § 101.019
Tex. Fam. Code § 101.020
Tex. Fam. Code § 154.181
Tex. Fam. Code § 261.001(4)
Tex. Fam. Code § 101.024
Tex. Fam. Code § 101.025
Tex. Fam. Code § 153.371
Tex. Fam. Code § 153.372
Tex. Fam. Code § 101.032
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2. Standing. For SIJS purposes, a SAPCR suit may be brought by any of the following
persons:
A child‟s grandparent;
A child‟s relative;
A child‟s foster parent; or
A non-parent adult, provided certain statutory requirements are met.
Although, statutorily, other parties33 may initiate SAPCR proceedings, many of these
enumerated parties are unlikely candidates within the SIJS context (e.g., parents).
The suit may be brought at any time,34 provided the party has satisfied the required time
period, if any, for standing to vest. The time need not be continuous and uninterrupted,
although the court must give weight to the child‟s principal residence35 in the time prior to
filing suit in assessing whether the party may properly exercise standing. 36
a. Foster Parent. A court will ask Child Protective Services to temporarily place a
child in foster care37 when the court cannot grant temporary legal possession to
an appropriate party (e.g., non-custodial parent, relative, close family friend) to
care for the child.
Foster care is meant to be a temporary situation for a child until a permanent
living arrangement can be obtained. For a foster parent to file suit, the child must
have been placed and lived in the foster parent‟s home for at least one year,
ending not more than 90 days preceding the filing of the petition. 38 Because many
children will leave foster care for a more permanent placement within this
timeframe, a foster parent may not likely obtain standing to file suit.
b. Grandparents. A child‟s grandparent my initiate a SAPCR proceeding if (a) the
grandparent has standing as enumerated in the general SAPCR standing
statute,39 and (b) there is adequate proof 40 that granting managing
33
See Tex. Fam. Code § 102.003(1) – (8), (10), (14).
34
Tex. Fam. Code § 102.001(a).
35
Doncer v. Dickerson, 81 S.W.3d 349, 358-362 (Tex. App.–El Paso 2002) (defining “principal residence” as (1) a
fixed place of abode, (2) occupied consistently over a substantial period of time, (3) that is permanent rather than
temporary.).
36
Tex. Fam. Code § 102.003(b) (applicable to § 102.003(a)(9), (11), (12) only).
37
For additional information on Foster Care, visit the Texas Department of Family and Protective Services website at
http://www.dfps.state.tx.us/Child_Protection/Foster_Care/.
38
Tex. Fam. Code § 102.003(a)(12).
39
Tex. Fam. Code § 102.004(a).
40
Von Behren v. Von Behren, 800 S.W.2d 919, 921 (Tex. App.–San Antonio 1990) (establishing “satisfactory proof”
by preponderance of evidence).
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conservatorship to the grandparent is essential because of a substantial threat of
impairment to the child‟s “physical health or emotional development.”41
c. Relatives. A child‟s relative may file suit if the child‟s parents are deceased.42
Only the following relatives,43 however, may initiate SAPCR proceedings:
Sibling;
Grandparent;
Great-grandparent;
Aunt or uncle; or
Niece or nephew.
Although statutorily enabled to exercise standing, a child seeking SIJS is often
without any family resources whatsoever, and therefore, many relatives are
unlikely or unsuitable candidates to file suit.
d. Non-Parent with Actual Possession and Control of the Child. With the
exception of a foster parent, any person who has exercised “actual possession
and control” of the child for a minimum of six months – and at least within 90
days of filing suit – may initiate SAPCR proceedings.44
Likewise, a person who lived in the same household 45 as the child and the child‟s
parent or managing conservator may file suit if that parent or managing
conservator is deceased when the suit is filed.46 As above, the period of joint
residence required is a minimum of six months and at least within 90 days of
filing suit.
3. Venue. Generally, SAPCR proceedings must be initiated in the county where the child
resides.47
Numerous exceptions exist.48 In the context of SIJS, however, an exception to the
general venue rule is commonly the county of the non-parent adult with “actual care,
control, and possession” of the child.49
41
Tex. Fam. Code § 102.004(a)(1). The grandparent may also establish standing if both parents, the sole surviving
parent, or a managing conservator either filed or consented to the suit. Tex. Fam. Code § 102.004(a)(2). In the SIJS
context, however, this option is unlikely but should be considered, if practicable.
42
Tex. Fam. Code § 102.003(a)(13) (limiting exercise of standing to child‟s relatives within third degree by
consanguinity).
43
Tex. Gov. Code § 573.023(c) (delineating relatives within third degree by consanguinity). See also Tex. Gov. Code
§ 573.021, et seq. Because of the nature of SIJS, the child‟s parent has been omitted from this list.
44
Tex. Fam. Code § 102.003(a)(9).
45
Tx. Dept. of Prot. and Reg. Ser. v. Sherry, 46 S.W.3d 857, 861 (Tex. 2001).
46
Tex. Fam. Code § 102.003(a)(11).
47
Tex. Fam. Code § 103.001(a).
48
See Tex. Fam. Code § 103.001(a) (venue fixed by court exercising continuing exclusive jurisdiction or by suit for
dissolution of marriage). See id. § 103.001(b) (venue for adoption), § 103.001(c) (cataloging exceptions).
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4. Requisites of Suit
a. SAPCR. A SAPCR suit is commenced by the filing of a petition.50 Subsequent
pleadings (e.g., motions, memoranda) are to be specifically styled 51 and filed
under the same docket number, as issued by the clerk of the court, without
additional letters, digits, or special designations.
A petition in a SAPCR proceeding must include
each of the following items:52
Practice Tip
Family Court Pleadings
Statement that no court has continuing
should be drafted using
jurisdiction;53
the following format:
Child's name, date of birth, and county of
 1.5” top margin
residence;54
 1” side and bottom
Full name, county of residence,55 and
margins
description of petitioner‟s relationship to the
 Times New Roman,
child (or allegation that no relationship exists);
12 pt. font
Names of child‟s parents;56
 Double-spaced
Description and statement of value of all
property owned or possessed by the child;
Statement describing the action the court is requested to take concerning the
child and the statutory grounds for the request; and
Any other information required by statute.
Include the residence addresses of all persons entitled to service of citation:
In the petition itself;57 or
In a cover letter to the process server.
49
Id. § 103.001(c).
50
Tex. Fam. Code § 102.002.
51
Tex. Fam. Code § 102.008(a).
52
Tex. Fam. Code § 102.008(b).
53
Or a statement that the court in which the petition is filed has continuing jurisdiction. Tex. Fam. Code §
102.008(b)(1).
54
For both privacy and safety reasons, the Family Code no longer requires that a SAPCR petition state the “place of
residence” (i.e., address) of a child or petitioner. The petition should, however, allege the county of residence of both
the child and the petitioner to prove proper venue. See also Tex. R. Civ. P. 79 (requiring a petition state the names of
the parties and “their residences, if known.”).
55
Id.
56
Tex. Fam. Code § 102.008(b)(4). Although unlikely in the SIJS context, also include names of any court-ordered
managing conservator or custodian of the child, guardians of the child's person and estate, possessory conservators
or of other persons having access to the child under a court order, and alleged father of the child, or a statement that
the identity of the father is unknown. Tex. Fam. Code § 102.008(b)(5)-(8).
57
Tex. Fam. Code § 102.009 (“Service of Citation”).
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b. Other Required Documents. In addition to filing the original SAPCR suit, the
following supporting and administrative documents are required:
“Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
Affidavit”
Citation of Service Affidavit(s)
o “Affidavit for Citation by Publication” (if parent is missing and unable to
be located); or
o “Affidavit for No Personal Service” (if parent is deceased)
“Health Insurance Availability Form”
“Information on Suit Affecting the Family Relationship” (i.e., often times
referred to as the “Austin” form). The form is available online at:
http://www.co.mclennan.tx.us/distclerk/familyrelationshipsuit.pdf
Statement of Child‟s preference as to where to live (optional, and only if child
is at least 12 years of age)
“Family Court Filing Cover Sheet” (optional, depending on jurisdiction)
“Citation Publication Request Form” (optional, depending on jurisdiction)
See Appendices for samples of the required items listed above.
5. Order of SAPCR Package:
a. SAPCR suit
b. UCCJEA Affidavit
c. Citation of Service Affidavit(s)
d. Health Insurance Availability Form
e. Austin form
f. Child‟s Birth Certificate with translation and notarized certificate of translation.
g. Optional items:
1. Statement of Child‟s preference as to where to live (only if child is at
least 12 years of age)
2. Family Court Filing Cover Sheet (depending on jurisdiction)
3. Citation Publication Request Form (depending on jurisdiction)
6. Requisites of Order
a. State law requirements. The order should be styled “Order in Suit Affecting the
Parent-Child Relationship,” and should include the general nature of the
proceedings, including:
Appearances by parties and counsel;
Statement of court‟s jurisdiction;
Statement that case was tried by court;
Statement that proceedings were recorded by court reporter; and
Identification of child.58
For each party, including the child (when applicable),59 the court‟s final order
must contain:
58
Including child‟s name, sex, date of birth, and home state.
59
It is axiomatic that this information is not required if the child has not yet been issued a social security number or
driver‟s license number, or is not employed.
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Social security number;60
Driver's license number; 61
Current residence address;62
Mailing address;63
Home telephone number;64
Name of employer;65
Address of employment;66 and
Work telephone number.67
The court‟s order must also include (in plain type) a notice to advise each other
party of a duty to inform each other party of changes to this required
information.68
Under certain circumstances,69 the court may order that this information not be
disclosed.
Additionally, the court‟s order must also include the following statutory warnings
and notices, which must be prominently displayed in boldface type, capital
letters, or underlined:70
Consequences of failure to obey a court order for child support and
possession of or access to the child;71
Required notification concerning changes of contact and employment
information;72
Authorization of peace officers to use reasonable efforts to enforce child
custody order.73
60
Tex. Fam. Code § 105.006(a)(1).
61
Id.
62
Id. § 105.006(a)(2).
63
Id.
64
Id.
65
Id.
66
Id.
67
Id.
68
Id. § 105.006(b). See also id. § 105.007.
69
Id. § 105.006(c) (Information may be withheld if “likely to cause the child or a conservator harassment, abuse,
serious harm, or injury”).
70
Id. § 105.006(d), (e), and (e-1).
71
Id. § 105.006(d).
72
Id. § 105.006(e).
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Although these statutory warnings and notices are largely inapplicable in the
context of SIJS, each are nonetheless required and must be included.
b. SIJS requirements. To be sufficient for SIJS purposes, the court‟s order must
contain the following findings:
The court has jurisdiction under Texas law to make judicial determinations
about the custody and care of minors;74
The child is “dependent” on the court;75
The child is eligible for long-term foster care because of abuse,
abandonment, and/or neglect;76 and
It is not in the best interests of the child to return to the child‟s county of origin
or last habitual residence.77
c. Court’s Orders. The court‟s order will contain specific orders concerning
conservatorship, including:
Specific findings in support of application for SIJS (as delineated above);
Appointment of petitioner as Nonparent Managing Conservator; 78
Statutory list of exclusive rights and duties of a conservator;79
Limitation of conservator as sole person authorized to apply for and keep
child‟s passport;
Statement of why parents cannot or should not be appointed as conservators;
and
Statement of conservator‟s responsibilities concerning child support and
healthcare.80
The court‟s order will also contain general orders, including:
Notice to each party to pay their own costs;
Discharge of duty to retain discovery materials; and
Notice of denial of all other relief not expressly granted.
73
Id. § 105.006(e1).
74
8 CFR § 204.11(a).
75
Id.
76
8 USC § 1101(a)(27)(J)(i).
77
8 USC § 1101(a)(27)(J)(ii).
78
A solitary petitioner will be named as Nonparent Sole Managing Conservator, whereas a pair of petitioners will be
named as Nonparent Joint Managing Conservators. There is no requirement that Nonparent Joint Managing
Conservators be married. See Tex. Fam. Code § 153.372 (specifically enabling a “nonparent” to serve jointly with
another “nonparent”). By the language of the statute, however, no more than two persons may serve jointly.
79
Tex. Fam. Code § 153.371 („Rights and Duties of Nonparent Appointed as Sole Managing Conservator”); see also
id. § 153.372 (“Nonparent Appointed as Joint Managing Conservator”).
80
See generally Tex. Fam. Code Ch. 54; id. §§ 154.008 (“Provision of Medical Support”), 154.181 (“Medical Support
Order”).
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See Appendices for a Sample Order.
7. Service of Citation. All parties entitled to service of citation must be served when a
SAPCR suit is filed.81 To be sufficient in form, a citation must comply with specific
statutory requirements.82
a. Waiver of Service. Although an unlikely alternative in the SIJS context, because
the whereabouts of the child‟s parents are unknown, or if known, their
collaboration is doubtful, the parents may waive issuance and service of
citation.83
When a duly executed waiver is filed with the trial court, it has the same force
and effect as if the citation had been issued and served on the party signing the
waiver.84
b. Personal Service of Citation. Personal service may be accomplished by one of
two methods:
By personally delivering a copy of the citation with the delivery date endorsed
on it, and a copy of the petition; 85 or
By sending a copy of the citation and petition by registered or certified mail,
return receipt requested.86
c. Service of Citation by Publication. By the very nature of SIJS, the child‟s
parents are the most likely object of service,87 and if presumed to be to be living
in another country or their whereabouts are unknown, will be accomplished by
service of citation by publication.88
Citation may be served by publication in three circumstances:89
The party‟s residence is unknown;
The party is a transient person;
The party is absent from or a nonresident of the state.
Two prerequisites90 must be satisfied before seeking service by publication:
81
Tex. Fam. Code § 102.009.
82
See Tex. R. Civ. P. 99(b)-(c). See also Tex. Fam. Code § 102.010(c) (providing template for citation).
83
Tex. R. Civ. P. 119.
84
Tex. R. Civ. P. 119.
85
Tex. R. Civ. P. 106(a)(1).
86
Id. 106(a)(2).
87
Id. § 102.009(7).
88
Id. § 102.010 (“Service of Citation by Publication”).
89
Tex. R. Civ. P. 109.
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“Due diligence” must have been exercised to locate the party; and
An affidavit reflecting such “due diligence” is filed with the court clerk.
See Appendices for Affidavit for Citation by Publication (Rule 109 Affidavit).
Many, if not most, such citations are published in the Daily Commercial Record.
A notarized copy of the notice will be mailed to the attorney of record; the original
citation, with return of service, will be returned to the court and included in the
court‟s file. It is recommended, however, to frequently check the website (located
at www.dailycommercialrecord.com) after filing to check for timely publication.
SAPCR notices are found under “Notices”, in the subheading “Miscellaneous
Notices.” Date of publication of the notice may also be obtained by phone at
(214) 741-6366; a search is made by cause number.
d. Service of Citation by Posting at the Courthouse. If the child‟s parents are
both deceased, however, a request may be made to the court for no personal
service. The court will require definitive proof of the parents‟ death (e.g., death
certificate, affidavits of witnesses to funeral and/or burial service).
If only the child‟s mother is deceased,91 and the father is presumed to be living
(or cannot be proven to have died), and the father‟s last name is unknown, the
court may order citation by posting the citation at the courthouse door if this
notice “is as likely” to give the respondent “actual notice” of the suit. 92 The logic of
this exception to citation by publication is that, for an unknown or missing parent
located in another country, posting the notice at the courthouse is equally likely to
give the respondent actual notice – i.e., slim in either instance. The advantage to
citation by posting is cost as there is no need to pay for publication of the notice
in the Daily Commercial Record or other publication.
8. Filing an Amended Suit
An amended petition must be complete, both in content and legal sufficiency, because
once filed, it will become the “live” pleading for the matter and the original petition is
rendered a nullity,93 and will not be a part of the record. Accordingly, the new petition
must be appropriately styled (e.g., “Petitioner‟s First Amended Original Petition and Suit
Affecting the Parent-Child Relationship”). Generally, new service of citation is not
required.94
90
Id.
91
The Family Code allows for posting when the last name of any respondent is unknown. As a practical matter,
however, in most instances the child‟s mother‟s name will be known, and accordingly, the above-described scenario
is based upon this premise.
92
Tex. Fam. Code § 102.010(e).
93
Tex. R. Civ. P. 65 (“Substituted Instrument Takes Place of Original”).
94
See Sanchez v. Texas Indus., Inc., 485 S.W.2d 385, 387 (Civ. App.–Waco 1972, ref. n.r.e.) (requiring new service
of citation only if respondent has not yet appeared and new pleading states a new cause of action or a more onerous
judgment).
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In the context of SIJS, an amended petition may be filed to correct factual errors or,
more commonly, to incorporate additional evidence (e.g., to include additional affidavits
from family members or the child to further substantiate the necessity for substituted
service by publication, or to provide additional proof of abuse, neglect, or abandonment
of the child.).
Once amended, as needed, the only substantive textual alterations occur in the first and
last paragraphs, as follows:
“TO SAID HONORABLE COURT: Now comes [Petitioner‟s Name], Petitioner,
and files this First Amended Original Petition and Suit Affecting the Parent-Child
Relationship, incorporating all exhibits and attachments of the Original Petition as
if set forth in full herein, and in support hereof would show the Court as follows:
[…]WHEREFORE, Petitioner asks Respondent take notice of this amended
petition and that the Court grant Petitioner the relief sought herein.”
In practice, a petitioner may file an amended petition any time before trial and without filing a
formal motion for leave to amend.95 The amended petition may be mailed to the court clerk,96
with a copy97 to be returned by a self-addressed, postage-paid envelope.
9. Waiting Period After Service of Citation. The respondent(s) must file an answer by
10:00am on the next Monday after 20 days from the date of citation of service. 98
Although the date of citation is not counted in computing the 20-day period, all
subsequent days are counted, including weekends and holidays. 99 If the last day falls on
a weekend (i.e., Saturday or Sunday), the last day is moved to the following Monday
(subject to the next exception).100 If the last day falls on a holiday, the last day is moved
to the next day following the holiday.101
After computing the expiration of 20 days, the respondent must file an answer by the
next following Monday.102 If the 20th day falls on a Monday, the respondent has until the
following Monday to answer.103
95
Although Rule 63 indicates that leave of court is required for an amended petition filed within seven (7) days before
the trial date, as a practical matter, the court will generally allow the filing unless there is a showing by the opposing
party that the amended petition will operate as a surprise to the opposing party. Tex. R. Civ. P. 63 (“Amendments and
Responsive Pleadings”).
96
Tex. R. Civ. P. 74.
97
As a practical consideration, the copy should be marked as such on each page, not hole-punched, and paper
clipped to the self-addressed, postage-paid envelope. If properly done, the court clerk will understand your intentions
and return the file-stamped copy to you.
98
Tex. R. Civ. P. 99 (“Issuance and Form of Citation”).
99
Tex. R. Civ. P. 4 (“Computation of Time”).
100
Id.
101
Id.
102
Id.
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Check with the court clerk prior to scheduling an appointment with the client to attend a
prove-up hearing to ensure that citation has been issued and that the return has been
filed with the court.
10. Memoranda of Points and Authorities. A “Memoranda of Points and Authorities” is a
reference tool for the court which provides a concise statement of the facts, arguments
of the law (with supporting statutes, cases, and other references), and substantive and
procedural considerations that will be required to adjudicate a case.
Though not required by any rule or standing order, submission of a memorandum in
SIJS cases is strongly recommended, largely because it serves a dual purpose as legal
resource and persuasive device.
Although Human Rights Initiative has undertaken measures to educate the family and
juvenile courts about the substantive law and practical considerations governing SIJS,
do not overlook an opportunity to provide the judge with a valuable resource tool in the
event the judge or associate judge is unfamiliar with this area of law.
See Appendices for Sample Memoranda of Points and Authorities.
The Memoranda may either be submitted concurrently with or after the original SAPCR
suit is filed. Because the factual allegations in the SAPCR suit are general, however, and
because you may not have yet had an opportunity to fully interview the client in-depth
and better develop the client‟s story, the Memoranda is likely to be filed after the SAPCR
suit.
As a pragmatic consideration, the Memoranda may be filed after the SAPCR suit by
mailing it to the court with a letter advising the court clerk of the anticipated date of the
prove-up hearing and asking the court clerk to deliver the Memoranda to the judge for
review.
See Appendices for a Sample Cover Letter to Court for Memoranda.
Be advised, however, to do so only if you have seven (7) or more business days before
the prove-up hearing, as the file may not be returned to the clerk in a timely manner.
11. Appointment of Attorney Ad Litem. An attorney ad litem104 is an attorney who is
appointed by the court to provide legal services to a person, usually the “missing” parent
in the SIJS context, and must adhere to the same professional standards and
competency as with any other client.105
a. Request for Waiver of Appointment. Although appointment of an attorney ad
litem is discretionary,106 and may only be made if the court determines that an
103
Id.
104
Tex. Fam. Code § 107.001(2).
105
Tex. Fam. Code § 107.001(2) (prescribing the duties of “undivided loyalty, confidentiality, and competent
representation”).
106
Tex. Fam. Code § 107.021 (“Discretionary Appointments”).
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Updated August 2008
appointment is “necessary to determine the best interests of the child,”107 it is
unlikely that the Court will allow for such a waiver. Therefore, we do not advise
filing a waiver.
b. Appointment After Publication. If a waiver of appointment has not been
sought or has been denied, a request may be made to the court for an
appointment of an attorney ad litem.
The request for appointment should only be made after the return of citation by
publication has been filed with the court, and should indicate that the respondent
had been cited by publication, after which no answer had been filed and no
appearance has been entered by the party within the prescribed time.
While there is no specific statutorily prescribed training required of an attorney to
be appointed to represent a party as an attorney ad litem, 108 the request for an
appointment should be accompanied by a report from the State Bar 109 indicating
the following information:
Full Name
Work Address
Work Telephone Number
Bar Card Number
Date Licensed
Eligibility to Practice in Texas
Education and Certification History
Public Disciplinary History (if any)
See Appendices for a Sample Appointment of Attorney Ad Litem After
Publication.
After obtaining the court file from the clerk, deliver the original request for
appointment with a copy of the report to the court coordinator for the presiding
judge. Depending upon work load and the judge‟s availability, the court
coordinator will generally be able to present the appointment to the judge for
signing. Once received, ask the court clerk to conform a copy of the appointment
and return the original appointment with the court file. Deliver a copy of the
appointment to the attorney ad litem and retain a copy for the client‟s file.
At the prove-up hearing, the attorney ad litem will submit a Statement of
Evidence, which should describe, in detail, the attempts made to locate and
identify the respondent, and include any exhibits introduced, made part of the
record, and filed with the court. The court may also receive the report orally.
107
Tex. Fam. Code § 107.021(b)(2).
108
But cf. Tex. Fam. Code § 107.003(2) (requiring an attorney ad litem for child to be “trained in child advocacy or
have experience determined by the court to be equivalent to that training”).
109
For a complete report, visit the State Bar of Texas website at www.texasbar.com and perform an attorney search.
The resulting report should provide all of the necessary information, including a statement as to whether the attorney
is currently in good standing and eligible to practice law in Texas.
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See Appendices for a Sample Attorney Ad Litem Statement of Evidence.
12. Prove-Up Hearing. A prove-up hearing is a brief court appearance before the judge by
the petitioner.
See Appendices for a Sample Prove-Up Hearing Explanation Letter.
If the respondent fails to answer, a prove-up hearing may be held immediately after the
required time period has elapsed, subject to local court rules on when prove-up hearings
are conducted. Days and times of prove-up hearings vary by court so checking local
rules is imperative before scheduling an appointment with the client.
On the morning of the prove-up hearing,110 obtain the file from the court clerk and signout the file on the clerk‟s sign-out sheet. Immediately find which court is handling proveup matters, and deliver the file (with an original signed copy of the order) to the bailiff or
court coordinator in the courtroom. All matters are handled on a first-come, first-served
basis. Each petitioner and counsel should remain in the courtroom until the case is
called. Generally, children are not allowed in the courtroom, so unless the judge wishes
to ask specific questions of the child, there is no need for the child to attend the prove-up
hearing (especially if the child is attending school).
After being sworn in by the court, the attorney will ask the petitioner a series of questions
to elicit information about the petitioner, their residence, their employment, their
knowledge (if any) of the child‟s parents and/or their whereabouts, their relationship with
the child, and their knowledge of other relevant circumstances concerning the child (e.g.,
school attendance, social activities and interests). Advise each petitioner that the judge
may also ask questions or seek additional clarification.
If an Attorney Ad Litem has been appointed by the court, the judge will then receive
evidence from the appointee.
See Appendices for a Sample Prove-Up Preparation Questionnaire and Prove-Up Script.
Due to the abbreviated nature of a prove-up hearing, it is highly unlikely that the judge
will require, expect, or even permit, a brief opening statement. However, in the event that
an opening statement is requested or permitted, a concise statement should be provided
for the record.
At the conclusion of the prove-up hearing, if the judge is satisfied with the evidence
presented,111 the judge will sign the order and pass the file with the signed order to
counsel.
Immediately following the prove-up hearing, each petitioner and counsel will sign the
original and all copies of the order, if not signed prior to the hearing. It is best, of course,
to sign all documents prior to the hearing, but because of the first-come, first-served
basis, it may be more advisable to get the file in the stack before the docket is closed.
110
Generally, prove-up hearings are conducted in the morning and continue until the first contested matter
111
Tex. Fam. Code § 105.005 (“[T]he court‟s finding shall be based on a preponderance of the evidence”).
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Return the file to the court clerk. Do not place the signed order or any of the other court
documents in the folder brads; leave all documents loose as each will need to stamped
and signed.
The court clerk will certify the court‟s original order and will certify at least one (1) copy.
Ask the clerk to certify all three (3) copies, but be advised that the clerk may ask for
payment to certify the additional copies. The clerk will certify the copy by stamping the
judge‟s signature on the signature line, and stamping a certification on the back page of
the order, which the court clerk will date and sign.
It is absolutely imperative that one (1) original certified copy be included with the SIJS
petition. Retain an additional copy for the client‟s file, and another copy for the
petitioner‟s records.
13. Continuing, Exclusive Jurisdiction.
The court acquires continuing, exclusive
jurisdiction of a SAPCR suit when the final order is rendered.112
112
Tex. Fam. Code § 155.001(a). Although specific conditions trigger loss of continuing, exclusive jurisdiction, many
of these circumstances are not relevant considerations in the context of SIJS. Id.
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Chapter 22
Special Immigrant Juvenile Status
Index of Appendices
Appendix 22-A
Sample Suit Affecting Parent Child Relationship
Appendix 22-B
Sample UCCJEA Affidavit
Appendix 22-C
Sample Health Insurance Availability Form
Appendix 22-D
Sample “Austin Form”
Appendix 22-E
Sample Affidavit for Citation by Publication (Rule 109 Affidavit)
Appendix 22-F
Sample Certificate of Attorney (Rule 239A Affidavit)
Appendix 22-G
Sample Cover Letter to Court for Memoranda
Appendix 22-H
Sample Memoranda of Points and Authorities
Appendix 22-I
Sample Appointment of Attorney Ad Litem After Publication
Appendix 22-J
Sample Attorney Ad Litem Statement of Evidence
Appendix 22-K
Sample Prove-Up Hearing Explanation Letter
Appendix 22-L
Sample Prove-Up Preparation Questionnaire and Prove-Up Script
Appendix 22-M
Sample Order
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Appendix 22-A
Sample Suit Affecting Parent Child Relationship (SAPCR)
CAUSE NO. XXXXXXXXX
IN THE INTEREST OF
§
§
§
§
§
XXXXXXXXX
A CHILD
IN THE DISTRICT COURT
231st JUDICIAL DISTRICT
TARRANT COUNTY, TEXAS
ORDER IN SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP
On this 11th day of March 2008, the Court heard this case.
Appearances
Petitioner, XXXXXXXX appeared in person and through attorney of record, Alfred A.
Attorney and announced ready for trial.
1. Respondent, The mother of the Child is XXXXXXXXXXX, mother of the
Child, is missing; her whereabouts are unknown; efforts to locate her have been unsuccessful.
The father of the Child is deceased.
Jurisdiction
The Court, after examining the record and the evidence and argument of counsel, finds
that it has jurisdiction of this case and of all the parties and that no other court has continuing
exclusive jurisdiction of this case. All persons entitled to citation were properly cited.
Jury
A jury was waived, and all questions of fact and of law were submitted to the Court.
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Record
The record of testimony was duly reported by the court reporter for the 231st Judicial
District Court.
Child
The court finds that the following Child is the subject of this suit:
Child’s Name:
XXXXXXXXXX (aka XXXXXXXXX)
Sex:
Male
Date of birth:
January 1, XXXX
Place of birth:
Egypt
Home state:
Texas
Social Security Number:
None
Driver license, issuing state:
Not applicable.
Conservatorship
The Court finds that the following orders are in the best interest of the Child and makes
the following findings:
1. This court has jurisdiction under Texas law to “make judicial determinations about the
custody and care of juveniles” within the meaning of § 101(a)(27)(J) of the Immigration and
Nationality Act, 8 U.S.C. § 1101(a)(27)(J)(2001), and 8 C.F.R. § 204.11(a).
2. This Child is dependent upon this Court of Tarrant County, Texas, within the meaning
of 101(a)(27)(J) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(27)(J)(2001), and 8
C.F.R. § 204.11(a). The Child remains under this Court’s jurisdiction.
3. This Child is eligible for long-term foster care due to abuse, abandonment, and neglect
within the meaning of § 101(a)(27)(J) of the Immigration and Nationality Act, 8 U.S.C. §
1101(a)(27)(J)(2001), and 8 C.F.R. § 204.11(a). The Child’s father is deceased and his mother is
22-22
Updated August 2008
missing, having abandoned the Child without providing for the Child’s reasonable and necessary
care or supervision.
4. It is not in the Child’s best interest to be returned to his parents’ previous country of
nationality or country of last habitual residence within the meaning of § 101(a)(27)(J) of the
Immigration and Nationality Act, 8 U.S.C. § 1101(a)(27)(J)(2001), and 8 C.F.R. § 204.11(a).
There is no one in Egypt, the Child’s home country, who could care for him, provide shelter,
food, education, support and clothing. Respondent has only one known family member in Egypt:
his xx-year-old brother who was last known to be hiding from Islamic terrorist groups in a
monastery. As such, family reunification is impossible.
IT IS ORDERED that XXXXXXXXXX is appointed Nonparent Joint Managing
Conservator of the following Child: XXXXXXXXX (aka XXXXXXXXXX).
IT IS ORDERED that, at all times, XXXXXXXXXXX, as Nonparent Joint Managing
Conservator, shall have the following exclusive rights and duties:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
the right to have physical possession and to direct the moral and religious training
of the Child;
the duty of care, control, protection, and reasonable discipline of the Child;
the duty to provide the Child with clothing, food, shelter, education, and medical,
psychological, and dental care;
the right to consent for the Child to medical, psychiatric, psychological, dental, and
surgical treatment and to have access to the child’s medical records;
the right to receive and give receipt for payments for the support of the Child and to
hold or disburse funds for the benefit of the child;
except as provided by § 264.0111 of the Texas Family Code, the right to the
services and earnings of the Child;
the right to consent to marriage and to enlistment in the armed forces of the United
States;
the right to represent the Child in legal action and to make other decisions of
substantial legal significance concerning the child including but not limited to
making any application to the Department of Homeland Security or Bureau of
Citizenship and Immigration Services;
except when a guardian of the Child’s estate or a guardian or attorney ad litem has
been appointed for the Child, the right to act as an agent of the Child in relation to
the Child’s estate if the Child’s actions is required by a state, the United States, or a
foreign government;
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(10) the right to designate the primary residence of the Child and to make decisions
regarding the child’s education; and
(11) if the parent-child relationship has been terminated with respect to the parents, or
only living parent, or if there is no living parent, the right to consent to the adoption
of the Child and to make any other decision concerning the Child that a parent
could make.
IT IS ORDERED that because, Respondent, XXXXXXXXXXXX is missing, and her
whereabouts cannot be ascertained, notwithstanding exercise of due diligence, she cannot be
appointed as conservator.
IT IS ORDERED that XXXXXXXXXXX is the sole person authorized to apply for a
passport for the child, XXXXXXXXXXX (aka XXXXXXXXXXX).
Child Support
IT IS ORDERED that no Child support is due at this time.
Health Care
IT IS ORDERED that, as child support, XXXXXXXXXXX shall provide medical
support of the Child, for as long as child support is payable under the terms of this order, as set
out herein.
Required Information
The information required for each party by § 105.006(a) of the Texas Family Code is as
follows:
Name:
Social Security number:
Driver license, issuing state:
Residence/mailing address:
Home telephone number:
Name of employer:
Address of employment:
Work telephone number:
XXXXXXXXXXX
xxx-xx-xxxx
#xxxxxxxx, Texas
1234 Main Street Dallas, TX 75219
(xxx) xxx-xxxx
Required Notices
22-24
Updated August 2008
EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY
EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY OF ANY
CHANGE IN THE PARTY’S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS,
HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT,
DRIVER’S LICENSE NUMBER AND WORK TELEPHONE NUMBER. THE PARTY IS
ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED
INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE
REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED CHANGE. IF THE
PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN THE CHANGE IN
SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE, THE PARTY IS ORDERED TO GIVE
NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY AFTER THE DATE THAT
THE PARTY KNOWS OF THE CHANGE.
THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY, THE
COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY PERSON,
BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT
OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.
FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE
EACH OTHER PARTY, THIS COURT, AND THE STATE CASE REGISTRY WITH THE
CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION
TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF
CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX
MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT
FOR PAYMENT OF ATTORNEY’S FEES AND COURT COSTS.
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Notice shall be given to the other party by delivering a copy of the notice to the party by
registered or certified mail, return receipt requested. Notice shall be given to the Court by
delivering a copy of the notice either in person to the clerk of this Court or by registered or
certified mail addressed to the clerk at 401 W. Belknap, Fort Worth, Texas 76196. Notice shall
be given to the state case registry by mailing a copy of the notice to State Case Registry, P.O.
Box 12017, Austin, Texas 78711-2017.
Warnings
WARNINGS TO PARTIES: FAILURE TO OBEY A COURT ORDER FOR CHILD
SUPPORT OR FOR POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN
FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF
COURT. A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL
FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION AND A
MONEY JUDGMENT FOR PAYMENT OF ATTORNEY’S FEES AND COURT COSTS.
FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE
PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN THE
PARTY’S NOT RECEIVING CREDIT FOR MAKING THE PAYMENT.
FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY
DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A
CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A CHILD
DOES NOT JUSTIFY FAILTURE TO PAY COURT-ORDERED CHILD SUPPORT TO
THAT PARTY.
Costs
IT IS ORDERED each party is to pay costs they have incurred.
Discharge from Discovery Retention Requirement
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Updated August 2008
IT IS ORDERED that the parties and their respective attorneys are discharged from the
requirement of keeping and storing the documents produced in this case in accordance with rule
191.4(d) of the Texas Rules of Civil Procedure.
Retention of Jurisdiction
IT IS ORDERED that this Court retain jurisdiction over this matter until Child
XXXXXXXXXXX (aka XXXXXXXXXXX) reaches the age of 18 or graduates from high
school, whichever occurs later, provided that the Child remains enrolled in high school for
consecutive semesters and is not expelled from school.
Relief Not Granted
IT IS ORDERED that all relief requested in this case and not expressly granted is denied.
Date of Order
SIGNED on this ______ day of March 2008.
_____________________________
JUDGE PRESIDING
APPROVED AND CONSENTED TO AS BOTH FORM AND SUBSTANCE:
_____________________________
XXXXXXXXXXX
PETITIONER
22-27
Updated August 2008
APPROVED AS TO FORM ONLY:
By:
__________________________
Alfred A. Attorney
State Bar No. xxxxxxxx
ATTORNEY FOR PETITIONER
Alfred A. Attorney, LLP
1234 Main St.
Dallas, Texas 75219
Tel: (214) xxx-xxxx
By:
_____________________________
Melissa E. Weaver
State Bar No. 24046694
ATTORNEY AD LITEM
Human Rights Initiative
2501 Oak Lawn Avenue, Suite 850
Dallas, Texas 75219-4078
Tel: 214-855-0520
Fax: 214-855-0793
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Updated August 2008
Appendix 22-B
Sample UCCJEA Affidavit
CAUSE NO. ____________________
IN THE INTEREST OF
______________________ &
___________________,
CHILDREN
§
§
§
§
§
§
IN THE DISTRICT COURT
__________ JUDICIAL DISTRICT
_____________________, TEXAS
UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
(UCCJEA) AFFIDAVIT
STATE OF TEXAS
)
__________________
)
____________ appeared in person before me today and stated under oath:
“My name is _________. I am competent to make this affidavit. The facts stated in this
affidavit are within my personal knowledge and are true and correct.
“I am a Petitioner in this suit and a friend of the Children who are the subject of this suit.
____________ is the mother of the Children and _____________ is the father of the Children.
“The Child’s present address is ___________________________________, Texas
____________.
“The full legal name, place of birth, date of birth, and sex of the Children are:
Child’s Legal Name:
Place of Birth:
Date of Birth:
Sex:
_______________
_______________
_______________
_______________
Child’s Legal Name:
Place of Birth:
Date of Birth:
Sex:
_______________
_______________
_______________
_______________
“For the past _____ years immediately preceding the date of this affidavit, the Children
have lived with the following persons:
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Updated August 2008
Address: ____________________________________________
Persons lived with: ____________________________________
Date: ______________
Address: ____________________________________________
Persons lived with: ____________________________________
Date: ______________
1. Participation in Custody Proceeding(s):
[√ one only]
_____I HAVE NOT participated as a party, witness, or in any capacity in any other
litigation or custody proceeding in Texas or any other state, concerning custody of or visitation a
child subject to this proceeding.
_____I HAVE participated as a party, witness, or in any capacity in any other litigation
or custody proceeding in this or another state, concerning custody of a child
subject to this proceeding.
Explain:
Name of each child:______________________________________________
Type of proceeding:______________________________________________
Court and state:_________________________________________________
Date of court order or judgment (if any):______________________________
2. Information about custody proceeding(s):
[√ one only]
_____I HAVE NO INFORMATION of any other proceeding that could affect this
proceeding, including proceedings for enforcement and proceedings relating to domestic
violence, protective orders, termination of parental rights, and adoptions in a court of this or any
other state concerning a child subject to this proceeding.
_____I HAVE THE FOLLOWING INFORMATION concerning a custody proceeding
pending in a court of this or another state concerning a child subject to this
proceeding, other than set out in item 2.
Explain:
Name of each child:______________________________________________
Type of proceeding:______________________________________________
Court and state:_________________________________________________
Date of court order or judgment (if any):______________________________
22-30
Updated August 2008
3. Persons not a party to this proceeding:
[√ one only]
_____I DO NOT KNOW OF ANY PERSON not a party to this proceeding who has
physical custody or claims to have custody of visitation rights with respect to the
child subject to this proceeding.
_____I KNOW THAT THE FOLLOWING NAMED PERSON(S) not a party to this
proceeding has (have) physical custody or claim(s) to have custody or visitation
rights with respect to any child subject to this proceeding:
Name and address of person:______________________________________
________________________________________________________________
( ) has physical custody ( ) claims custody rights ( ) claims visitation rights.
Name of each child:________________________________________________
Name and address of person: _____________________________________
________________________________________________________________
( ) has physical custody ( ) claims custody rights ( ) claims visitation rights.
Name and address of person: _____________________________________
________________________________________________________________
( ) has physical custody ( ) claims custody rights ( ) claims visitation rights.
4. Knowledge of prior child support proceedings:
[√ one only]
_____The Child described in this affidavit is NOT subject to existing child support
order(s) in Texas or any state or territory.
_____The child(ren) described in this affidavit are subject to the following existing child
support order(s):
Name of each child:______________________________________________
Type of proceeding:______________________________________________
Court and address:______________________________________________
Date of court order/judgment (if any):________________________________
Amount of child support paid and by whom:___________________________
____________________
AFFIANT
Sworn and subscribed to me this _____ day of ___________________.
____________________
Notary Public in and for
The State of Texas
[Stamped Notary Seal]
22-31
Updated August 2008
Appendix 22-C
Sample Health Insurance Availability Form
CAUSE NO. ____________________
IN THE INTEREST OF
§
§
§
§
§
§
______________________ &
___________________,
CHILDREN
IN THE DISTRICT COURT
__________ JUDICIAL DISTRICT
_________________, TEXAS
HEALTH INSURANCE AVAILABILITY FORM
Attention: This information must be filed with the court BEFORE first hearing.
See TEX FAM CODE § 154.181(b).
NAME OF PARTY (OR PARTIES):
___________, Petitioner; and
___________, Petitioner
PARTY’S ATTORNEY (IF ANY):
___________
BESIDE THE NAME OF EACH CHILD, CHECK ALL TYPES OF HEALTH INSURANCE OR HEALTH CARE
BENEFITS CURRENTLY COVERING THE CHILD(REN). YOU MAY CHECK MORE THAN ONE SOURCE.
EMPLOYER PROVIDED
NAME
DOB
________________
________________
A.
B.
C.
D.
E.
F.
SSN
N/A
N/A
FATHER’S
[]
[]
M OTHER’S
[]
[]
PRIVATE
CHIP
[]
[]
[]
[]
OTHER
[]
[]
NONE
[]
[]
FOR EACH INSURANCE SOURCE, PLEASE LIST THE FOLLOWING INFORMATION:
(ATTACH ADDITIONAL FORMS FOR EACH SOURCE OF BENEFITS)
NAME OF CARRIER:
GROUP POLICY ID NUMBER:
POLICYHOLDER NAME & ID NUMBER:
NAME OF COVERED CHILD:
COST/MONTH OF COVERAGE [CHILD(REN) ONLY]
$
ARE YOU CURRENTLY PAYING THE PREMIUMS FOR LISTED MEDICAL BENEFITS? [] YES [] NO
STATE YOUR NET MONTHLY INCOME FROM YOUR FINANCIAL INFORMATION STATEMENT: $
SIGNATURE OF PARTY COMPLETING FORM
DATE
PRINTED NAME
22-32
Updated August 2008
Appendix 22-D
Austin Form
22-33
Updated August 2008
22-34
Updated August 2008
Appendix 22-E
Sample Affidavit for Citation by Publication (Rule 109 Affidavit)
CAUSE NO. ______________
IN THE INTEREST OF
§
§
§
§
§
____________________,
A CHILD
IN THE DISTRICT COURT
__________ JUDICIAL DISTRICT
__________ COUNTY, TEXAS
AFFIDAVIT FOR CITATION BY PUBLICATION
BEFORE ME, the undersigned Notary Public, on this day personally appeared [Affiant
Name], who, being by me duly sworn on oath deposed and said that he has read this affidavit;
and that every statement contained in this affidavit is within his personal knowledge and is true
and correct.
1. Affiant is the attorney of record for the petitioners in this cause.
2. The residence of [Respondent’s Name], respondent in this cause and mother of the child,
is unknown to affiant and to the petitioners. After due diligence, affiant has been unable
to locate the whereabouts of the respondent, who was last known to reside in [City,
Country].
3. Affiant has taken the following specific actions in attempting to ascertain the
whereabouts of or locate the residence of the respondents:
a. Personal interview with the child in this matter on [date];
b. Personal interview with [responsible adult caregiver or family member] on [date];
c. Performed Internet searches for both Respondents on or about [date], but no
search returned any results for Respondent.
22-35
Updated August 2008
d. Researched the consulate-general in Houston, Texas, but found the consulategeneral unable to provide assistance in locating either Respondent.
4. This affidavit is made for the purpose of authorizing the clerk of this court to issue
citation for the named respondents by publication in accordance with the Texas Rules of
Civil Procedure.
____________________
AFFIANT
Sworn and subscribed to me this _____ day of ___________________.
____________________
Notary Public in and for
The State of Texas
[Stamped Notary Seal]
22-36
Updated August 2008
Appendix 22-F
Sample Certificate of Attorney (Rule 239A Affidavit)
CAUSE NO. ____________________
IN THE INTEREST OF
§
§
§
§
§
[Child’s Name]
A CHILD
IN THE DISTRICT COURT
__________ JUDICIAL DISTRICT
__________ COUNTY, TEXAS
CERTIFCATE OF ATTORNEY
Pursuant of Rule 239A, Texas Rules of Civil Procedure, I hereby certify that the last
know mailing address of the Respondent(s), is as follows:
[Respondent’s Name], Mother
ADDRESS UNKNOWN
[Respondent’s Name], Father
ADDRESS UNKNOWN
____________________
[Attorney’s Name]
State Bar No. ########
ATTORNEY FOR PETITIONERS
[Attorney Address, Telephone, Fax]
22-37
Updated August 2008
Appendix 22-G
Sample Memorandum Cover Letter
[Date]
[Clerk’s Name]
_____ District Court
[Address]
Re:
Memorandum of Points and Authorities
In re: [Childs’ Name]
Cause No. _______________
Dear [Clerk’s Name]:
Enclosed you will find a Memorandum of Points and Authorities for the above-referenced cause.
I have prepared this Memorandum for Judge [Lname]’s review in advance of the prove-up
hearing for this cause. I ask that you notify Judge [Lname] of receipt of the Memorandum, and
add the Memorandum to the court’s file.
Additionally, please return the enclosed copy to me, file stamped and dated, in the enclosed,
postage paid envelope.
If you have any questions or need additional information, please call me at (###) ###-####.
Thank you for your timely attention to this request.
[Attorney’s Name]
Attorney at Law
Enclosure
22-38
Updated August 2008
Appendix 22-H
Sample Memorandum of Points and Authorities
CAUSE NO. XXX-XXXXX-XX
IN THE INTEREST OF
§
§
§
§
§
§
CHILD &
CHILD,
CHILDREN
IN THE DISTRICT COURT
XXXXX JUDICIAL DISTRICT
XXXXX COUNTY, TEXAS
MEMORANDUM OF POINTS AND AUTHORITIES
IN SUPPORT OF MINOR CHILDREN’S REQUEST FOR
ORDER RE: SPECIAL IMMIGRANT JUVENILE STATUS
INTRODUCTION
This Memorandum of Points and Authorities is submitted by Petitioners to request that
this court make the necessary factual findings as a predicate to CHILD’s and CHILD’s
application to the U.S. Citizenship and Immigration Service for Special Immigrant Juvenile
Status. This unique immigration status was specifically created for undocumented children
who are under the jurisdiction of a juvenile court, who cannot be returned to the children’s
parents due to abuse, neglect, or abandonment, and for who it is found not to be in the best
interest to be returned to their homeland. It allows the children to remain in a safe
environment in the United States, to attend school, and eventually to obtain lawful permanent
residency and employment authorization.
STATEMENT OF FACTS
CHILD and CHILD, natural siblings, are citizens of Thailand. CHILD is AGE years of
age, and CHILD is AGE years of age.
The children’s mother, MOTHER, is missing; her current whereabouts are unknown, and
efforts to locate her have been unsuccessful. The children’s father, FATHER, is missing; his
current whereabouts are unknown, and efforts to locate him have been unsuccessful.
22-39
Updated August 2008
The children’s parents have wholly failed to provide for the children’s emotional well
being or basic physical needs. Having been abandoned by their parents at birth, the children
have no significant recollection or knowledge of their parents.
As children without parents or family to care for or to protect them in Thailand, CHILD
and CHILD would be further marginalized by a society with a poor human rights record,
especially for children. In Thailand, physical and sexual violence against women and young
girls is widespread,113 and enforcement in cases of domestic violence is virtually non-existent
as no laws specifically address this problem. 114 Likewise, opportunities for women in the
workforce in Thailand remain highly inequitable. 115 Child abuse116 and illegal child labor 117 is
endemic in Thailand, and remains a serious problem, as is trafficking in children for
commercial sexual exploitation and child prostitution 118 under a burgeoning sex tourism
industry.119 Government officials and law enforcement are often complicit in this sex trade of
children,120 as are children’s parents and family members. 121 The dangers of spousal rape,
113
See U.S. Department of State Country Reports on Human Rights Practices, at
http://www.state.gov/g/drl/rls/hrrpt/2005/61628.htm. (“Domestic violence often went unreported, and the police
often were reluctant to pursue reports of domestic violence.”).
114
See id.
115
See id. (“Government regulations require employers to pay equal wages and benefits for equal work, regardless
of gender. Nonetheless, discrimination in hiring was common, and women were concentrated in lower-paying jobs.
In practice women received lower pay for equal work in virtually all sectors of the economy.”).
116
See id. ([P]police were reluctant to investigate abuse cases, and rules of evidence made prosecution of child abuse
difficult.”).
117
See id.
118
See id.
119
See id. (“Pedophilia continued, both by citizens and by foreign sex tourists.”)
120
See id. (“Some local officials, immigration officers, and police reportedly either were involved in trafficking
directly or took bribes to ignore it.”).
121
See id. (“Brothel procurers reportedly advanced parents a substantial sum against their child's future earnings.
The child was then obligated to work in a brothel to repay the loan.”).
22-40
Updated August 2008
sexual violence, and forced prostitution is grossly compounded by the rampant spread of
AIDS.122 Illegal child labor flourishes in Thailand.123 Poor and orphaned children face
exploitation by gangs, who subject the children to forced labor124 and deprivation of basic
needs.125 Religious discrimination is prevalent, and Thai Muslims face particular scrutiny. 126
Concordantly, it is not in CHILD’s and CHILD’s best interests to be returned to their home
country.
The proposed Nonparent Joint Managing Conservators, ADULT and ADULT, a married
couple, are RELATIONSHIP, IF ANY.
Mr. and Mrs. ADULT first met CHILD the day she was born. After a three-day stay, the
child’s mother left the hospital without the child. After paying the hospital expenses, Mr. and
Mrs. ADULT took her into their home.
Mr. and Mrs. ADULT first met CHILD three days after he was born. The hospital staff
phoned Mr. and Mrs. ADULT and informed them that the child’s mother had delivered
another child. Again, after paying the hospital expenses, Mr. and Mrs. ADULT took him into
their home.
On neither occasion did the children’s father visit the mother or the child while in the
hospital, nor did either parent contact Mr. and Mrs. ADULT afterwards about taking
responsibility for or physical custody of the children.
122
See id.
123
See id. (Underage children are often procured “for labor on farms or in sweatshops, and very young children were
used to work in street begging gangs.”).
124
See id.
125
See id.
126
See id. (“Many Muslims complained of societal discrimination both by Buddhist citizens and by the central
government.”).
22-41
Updated August 2008
CHILD and CHILD received the same care and attention that Mr. and Mrs. ADULT gave
to their own natural children, and the children were raised in the ADULT household from
infancy.
Due to political strife and civil unrest in their homeland, Mr. and Mrs. ADULT fled. The
family was granted refugee status, and arrived in the United States on DATE. CHILD and
CHILD, however, were not permitted to join the ADULT family because the children were
neither the natural nor adopted children of Mr. and Mrs. ADULT. Consequently, the children
remained in Thailand.
Mr. ADULT made arrangements for the children to come to the United States. Since the
children’s arrival in the United States on DATE,127 Mr. and Mrs. ADULT have provided a
nurturing home for them. Specifically, they provide CHILD and CHILD with food, shelter,
clothing, and medical care,128 as well as moral guidance and emotional support. Mr. and Mrs.
ADULT enrolled the children in school in CITY, and they started attending classes in the
fall. Mr. and Mrs. ADULT plan to continue to raise the children in their home, and to provide
for their needs.
CHILD and CHILD seek to apply for Special Immigrant Juvenile Status. If approved,
CHILD and CHILD will be eligible to adjust their immigration status to lawful permanent
resident,129 and the children will then have the right to remain in the United States, to
127
See Tex. Fam. Code § 102.003(9) (enabling the filing of an original suit by “a person […] who has had actual
care, control, and possession of the child for at least six months ending not more than 90 days preceding the date of
the filing of the petition.”).
128
See id. § 153.371(3) (“[A child’s conservator has] the duty to provide the child with clothing, food, shelter,
education, and medical, psychological, and dental care.”).
129
Adjustment of status is the procedure through which a person becomes a lawful permanent resident without
leaving the United States. Although some people who entered the United States illegally and immigrate through
family members are not permitted to adjust status in the United States, and instead must go to the home country to
do so, this is not a problem for SIJS applicants because the statute provides an exception to allow for adjustment of
status in the United States despite having entered or worked illegally. See 8 USC § 1255(h).
22-42
Updated August 2008
continue their education, and to work. After five years as a lawful permanent resident,
CHILD and CHILD may then apply for United States citizenship.130
REQUIREMENTS FOR SPECIAL IMMIGRANT JUVENILE STATUS
The requirements for Special Immigrant Juvenile Status (“SIJS”) are set out in federal
statute131 and regulations. 132 Eligibility is based on findings about the child made by a state
juvenile court. 133 To be eligible for SIJS, the state court must make the following findings:
1. Declare the child to be a court dependent;
2. Find that the child is “deemed eligible for long-term foster care,” because of
abuse, neglect, or abandonment; and
3. Find that it is not in the child’s best interest to return to the child’s country of
origin.
A. A “Juvenile Court” is to Make Findings as Presented in a Court Order
Federal regulation provides that any court in the United States that has authority to make
placement and custody decisions over a juvenile is a “juvenile court” enabled to make SIJS
findings.134 Congress purposely designated these courts to make predicate findings because
state “juvenile courts” hold expertise with child-related matters and are uniquely placed to
make findings concerning the best interest of a child.
130
See 8 USC § 1427(a).
131
“Special immigrant juvenile” is defined in the Immigration and Nationality Act (“INA”) § 101(a)(27)(J), codified
at 8 USC § 1101(a)(27)(J). The law was created by § 153 of the Immigration Act of 1990.
132
The Code of Federal Regulations sets forth the standards for implementing the statute at 8 CFR § 204.11.
133
8 CFR § 204.11(c). Under the regulations, any unmarried person under age 21 who meets the enumerated
requirements may apply for SIJS, so long as the child remains under the jurisdiction of a juvenile court.
134
Id. § 204.11(a) (defining a “juvenile court” as a court “located in the United States having jurisdiction under State
law to make judicial determinations about the custody and care of juveniles.”)
22-43
Updated August 2008
The required findings are to be set out in a simple order, signed by the state court judge.
The order should include brief but specific findings of fact to show that the juvenile court has
made an informed decision, and a brief summary of the evidence relied upon to make the
findings.
B. Court Must Declare Child to Be a Court Dependent
The acceptance of jurisdiction over the custody of a child by a “juvenile court” makes the
child dependent on the court for SIJS purposes because the court is empowered to make
decisions about the child’s “custody and care.”135 The issue of a child placed in a
conservatorship was conclusively settled (concerning an SIJS case in Dallas) in Matter of
Menjivar,136 wherein the Administrative Appeals Unit of the then-Immigration and
Naturalization Service137 ruled that the family court’s placement of the child in a
conservatorship did not preclude a finding that the child was dependent upon the court for
SIJS purposes.
C. Court Must Find that the Child is “Deemed Eligible for Long-Term Foster
Care”, which means that Parental Reunification is Not a Viable Option
The statute provides that the child must have been found by the court to be “deemed
eligible for long term foster care” due to abuse, neglect, or abandonment of the child. 138
The federal regulation defines “eligible for long term foster care” to mean that “family
reunification is no longer a viable option” and that the child “normally will be expected to
135
Id. See also Tex. Fam. Code §§ 152.201, et seq.
136
Matter of Menjivar, File A070-117-167, INS Administrative Appeals Unit (Dec. 27, 1994).
137
The U.S. Citizenship and Immigration Service supersedes the Immigration and Naturalization Service.
138
8 USC § 1101(a)(27)(J)(i).
22-44
Updated August 2008
remain in foster care until reaching the age of majority, unless the child is […] placed in a
guardianship situation.”139 The regulation further provides:
For the purposes of establishing and maintaining eligibility for classification as a
special immigrant juvenile, a child who has been […] placed in a conservatorship
situation after having been found dependent upon a juvenile court in the United
States will continue to be considered eligible for long-term foster care.140
Thus, a child who is placed in a conservatorship remains “eligible for long term foster
care” under applicable regulations even though not actually placed in long-term foster care.
D. Court’s Findings and Order Must Be Based on Abuse, Neglect, or Abandonment
of the Child
To be sufficient for SIJS purposes, 141 the court’s order should specifically identify abuse,
neglect, or abandonment as the basis for the dependency or placement order.
Texas law is specific in what constitutes abuse 142 and neglect,143 and is equally specific in
what constitutes abandonment 144 – both actual and constructive – and provides for the
termination145 of the parent-child relationship under enumerated instances of each.
E. Court Must Find that Return to Home Country is Not in Child’s Best Interest
139
8 CFR § 204.11(a).
140
Id. (emphasis added).
141
There is no requirement in the statute, regulation, or memoranda that the abuse, neglect, or abandonment occur or
have occurred in the United States. Many immigrant children have lost or escaped abusive parents in their country of
origin and arrived alone in the United States. The only legal issue is whether the family court has made its
determination based on abuse, neglect, or abandonment of the child as defined under state law.
142
Tex. Fam. Code § 261.001(1).
143
Id. § 261.001(4). See Zheng v. Pogash, 416 F. Supp. 2d 550, 559-560 (2006) (discussing “neglect” under Texas
law in the context of SIJS).
144
Id. § 152.102(1) (defining “abandoned” as “left without provision for reasonable and necessary care or
supervision.”).
145
Id. § 161.001.
22-45
Updated August 2008
In issuing any order, the paramount concern of the court remains the best interest of the
child.146 In concert with public policy of the State of Texas, the court’s overarching concern
for the child remains the provision of a “safe, stable, and nonviolent environment for the
child.”147 Thus, where evidence indicates that a return to the child’s homeland would
jeopardize the child’s safety or wellbeing, the court should find that the child’s return is not
in the child’s best interest.
The court’s order should include a finding that it is not in the child’s best interest to be
returned to the home country. 148 Proof may be found in documentary evidence or in simply
interviewing the child to learn that there is no known appropriate or accountable family in the
home country to care for the child.
F. Juvenile Court Must Retain Jurisdiction Until the Application is Granted
Federal regulation requires that the applicant remain under juvenile court jurisdiction
until the immigration application is finally decided and the applicant is granted lawful
permanent residency. 149 The SIJS interview may take place several months to a year or more
after the SIJS application is filed, depending on the local office backlog and complexity of
the case. Jurisdiction must be retained over the child throughout the application process or
the SIJS application may be denied.
146
Id. § 153.002 (“The best interest of the child shall always be the primary consideration of the court in
determining the issues of conservatorship […].”)
147
Id. § 153.001.
148
8 USC § 1101(a)(27)(J)(ii) (defining a special immigrant juvenile as a child “for whom it has been determined in
administrative or judicial proceedings that it would not be in the alien’s best interest to be returned to the alien’s or
the parent’s previous country of nationality or country of last habitual residence …”).
149
8 CFR § 204.11(c)(5).
22-46
Updated August 2008
ARGUMENT
I.
This Court is a “Juvenile Court” Under Applicable Immigration Laws
Texas law150 specifically entrusts this court with the capacity to make decisions and orders
concerning the placement and custody of children. Although this court is not specifically
styled or entitled a “juvenile court” under Texas law, this court is a “juvenile court” for SIJS
purposes.151 Because this court is considered to be a “juvenile court,” this court is specifically
empowered by Federal law and regulation to make the necessary findings of fact and to issue
an order in support of CHILD’s and CHILD’s SIJS applications.
II.
CHILD and CHILD are Dependent on This Court Based Upon This Court’s
Jurisdiction Over Their Conservatorship
Under Texas law, this court holds the authority and responsibility to make a decision and
to create orders naming a conservator to provide for CHILD’s and CHILD’s care and
protection. Because this court is so empowered, CHILD and CHILD will remain dependent
on this court by nature of this court’s continuing exclusive jurisdiction over CHILD’s and
CHILD’s conservatorship as established by court order.
III. CHILD and CHILD are “Eligible for Long-Term Foster Care”, and Family
Reunification is Not a Viable Option
Family reunification for CHILD and CHILD is not possible. The children’s parents are
missing and their whereabouts are unknown and unascertainable. The children have no one in
Thailand to care for them or to provide protection from harm. Although CHILD and CHILD
are not currently placed in foster care, the children’s placement with a conservator will not
150
See Tex. Gov. Code § 23.001 (entitled “Juvenile Jurisdiction”); see also Tex. Fam. Code §§ 152.201, et seq.
151
8 CFR § 204.11(a).
22-47
Updated August 2008
adversely impact their qualifications for SIJS. Under these circumstances, for SIJS purposes,
family reunification is impossible, and thus, CHILD and CHILD remain “eligible for longterm foster care” under continued supervision of this court.
IV. CHILD’s and CHILD’s Placement in Conservatorship is Based on Abuse,
Neglect, or Abandonment by Their Parents
CHILD’s and CHILD’s mother and father are missing and their whereabouts are
unknown and unascertainable. The children’s mother and father have exhibited gross
indifference to the children’s welfare, and as a practical consequence, the children have been
abandoned152 and neglected.153 As such, the children’s parents are wholly incapable of
providing for their physical care 154 and emotional wellbeing, powerless to provide protection
from harm, and unable or unlikely to change these circumstances. 155 Because these
unfortunate circumstances make it clear that the children’s current situation is based on
abuse, neglect, or abandonment by their parents, this court is capable of making a finding and
issuing an order to reflect these circumstances.
V.
Return to Thailand is Not in CHILD’s and CHILD’s Best Interest, and Is
Likely Dangerous
CHILD’s and CHILD’s prospects for a “safe, stable, and nonviolent environment”156 upon
return to Thailand remain bleak. Because CHILD and CHILD have no family to provide
them with support and protection, CHILD and CHILD would confront a hostile
152
Tex. Fam. Code § 152.102(1).
153
Tex. Fam. Code § 261.001(4).
154
See id. § 101.009 (defining “Danger to Physical Health or Safety of Child”).
155
See generally id. § 261.001(1), (4) (defining “abuse” and “neglect”).
156
Id. § 153.001.
22-48
Updated August 2008
environment157 and almost-certain exploitation.158 Presently, Mr. and Mrs. ADULT provide
CHILD and CHILD with a safe, nurturing home life and provide for the children’s physical
and emotional needs. Because CHILD and CHILD lack a family support network and – as
unprotected juveniles – would likely encounter a hostile and dangerous environment, a return
to Thailand is unequivocally not in CHILD’s and CHILD’s best interest.
VI. This Court May Retain Jurisdiction Over CHILD and CHILD Until Their
Applications are Granted
With few exceptions, Texas law provides that a person under the age of majority is a
child.159 A child may file an application for SIJS so long as the child is under the jurisdiction
of a juvenile court, which generally in Texas, ends when the child attains majority. CHILD is
presently AGE years of age and will turn age 18 in approximately 34 months; CHILD is
presently AGE years of age, and will turn age 18 in approximately 48 months. Although the
SIJS application process (in Dallas) may take from 9 months to a year, CHILD and CHILD
will remain subject to this court’s jurisdiction under a court-ordered conservatorship. Thus,
this court may (and as a practical matter, will likely) retain jurisdiction over CHILD and
CHILD until the U.S. Citizenship and Immigration Service has granted CHILD’s and
CHILD’s SIJS application.
CONCLUSION
This court’s order will ensure CHILD’s and CHILD’s continued safety and wellbeing by
allowing them to remain under the supervision and care of their long-time caregivers, Mr.
and Mrs. ADULT, and will enable CHILD and CHILD to pursue their education and to
157
Supra note 1.
158
Id.
159
Tex. Fam. Code § 101.003(a) (definition of “Child or Minor”).
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Updated August 2008
develop socially as any children of their age. Likewise, this court’s order is vital to ensuring
CHILD’s and CHILD’s future in the United States and will open up educational and
employment opportunities that would otherwise be closed to them.
ADULT and ADULT, Petitioners, respectfully request that this court make the predicate
findings of fact to enable CHILD and CHILD to apply for Special Immigrant Juvenile Status.
Respectfully submitted,
22-50
Updated August 2008
Appendix 22-I
Sample Appointment of Attorney Ad Litem After Publication
CAUSE NO. _____________
IN THE INTEREST OF
______________________ &
__________________,
CHILDREN
§
§
§
§
§
§
IN THE DISTRICT COURT
______ JUDICIAL DISTRICT
_____________, TEXAS
APPOINTMENT OF ATTORNEY AD LITEM AFTER PUBLICATION
The Court finds that __________ and ____________, Respondents and parties in this
case, have been cited by publication and that no answer has been filed and no appearance has
been entered by the party within the prescribed time.
The Court appoints ____________, a licensed attorney at law of this state, to defend the
suit on behalf of the party.
SIGNED on the _____ day of _________.
_____________________________
JUDGE PRESIDING
22-51
Updated August 2008
Appendix 22-J
Sample Attorney Ad Litem Statement of Evidence
CAUSE NO. xx-xxxxx
IN THE INTEREST OF
FNAME LNAME
A CHILD
§
§
§
§
§
IN THE DISTRICT COURT
Number JUDICIAL DISTRICT
DALLAS
COUNTY,
TEXAS
STATEMENT OF EVIDENCE
On the date below the Court heard this case.
Petitioner appeared in person and through attorney of record, ______________. Respondents,
______________ and _____________, the natural parents of the children, were cited by publication,
failed to file a written answer in the case, and did not otherwise appear. The undersigned attorney ad
litem, a licensed attorney, was appointed by the Court to represent the interest of Respondents. The
parties announced ready for trial. All witnesses were sworn, and the case proceeded. The following
evidence was introduced:
The following unsuccessful attempts were made by the attorney ad litem to locate Respondents:
1.
I interviewed the Petitioners, ___________ and ______________, and the two children,
_____________ and ____________, in their home on DATE. Each of the Petitioners and the children
stated that they did not know the location of either Respondent, but the Petitioners confirmed that the
Respondents likely reside somewhere in _________. Petitioners stated that they had attempted to locate
the Respondents through acquaintances, friends, and relatives in __________, but had been unable to do
so. Petitioners stated that neither Respondent has attempted to contact them about the welfare of the
children at any time (beyond the initial contact at each child’s birth), and the Petitioners and the children
confirmed that neither Respondent has expressed a desire to be a part of the children’s lives. Petitioners
also confirmed that neither Respondent has provided forwarding information. Petitioners stated that they
have no information, and have had no information since the children’s births, regarding the whereabouts
of Respondent ________. Petitioner __________ confirmed that, though she is the sister of Respondent
_________, their mother has passed away and their father is in a coma, and there are no other siblings
22-52
Updated August 2008
through whom they could locate Respondent ___________, and none of their other relatives has
information regarding Respondents’ whereabouts. Finally, Petitioners and the children stated that they
did not have any additional information that might lead to the whereabouts of Respondents.
2.
Petitioner ____________ and I also corresponded via email during DATE.
In that
correspondence, Petitioner ____________ stated that the Petitioners have attempted to contact the
Respondents on numerous occasions throughout the children’s lives, both before and after the children
arrived in the United States. He stated that the Petitioners have on several occasions contacted business
and family friends in their attempts to locate Respondents, all with no success. Petitioner _________ also
stated that Petitioners have told their friends to give Respondent __________ their contact information
should they ever locate Respondent, but they have had no response. He also stated that he and his wife
were well-known members of the community in ________, and that Respondents could have easily
located them. Petitioner __________ also stated that Respondent _____________has no government
identification or driver’s license that they could use to find him, nor has Respondent _________ been
listed in a phone book. Petitioner _________ further stated that, according to the most recent information
Petitioners have, Respondent __________ has moved to the border area of __________, but they do not
have more specific information, and their attempts to find him in the directories of all the major cities and
some of the smaller towns have been unsuccessful.
3.
I do not know the residence of either Respondent.
4.
I performed Internet searches for both Respondents, but neither search returned any
results for either Respondent.
5.
I contacted the consulate-general in ______ and the ________ Embassy in ___________.
on numerous occasions and spoke with several individuals, none of whom was able to provide assistance
in locating either Respondent.
Respondents were served with citation by publication by the clerk of this Court by having the
citation published on _____________ in the _______________. The citation was returned to the Court.
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APPROVED on [DATE].
________________________
JUDGE PRESIDING
I have read the foregoing and agree that it accurately represents the evidence introduced at the
hearing described above.
By: ____________________
State Bar No. _________
Attorney for Petitioners
By: ____________________
State Bar No. _________
Attorney Ad Litem
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Appendix 22-K
Sample Prove-Up Hearing Explanation Letter
I am writing to you to provide some general information concerning the initial family court
procedures, and to request some personal information needed to draft documents for those
proceedings.
The two-part process for obtaining Special Immigrant Juvenile Status begins in the Family
Court, and is commenced by filing a petition for an original suit affecting the parent-child
relationship. This suit is brought for the appointment of a managing conservator, and to establish
[by court order] that (a) the child is eligible for long-term foster care because of abuse,
abandonment, and/or neglect, (b) that it is not in the best interests of the child to return to the
child’s county of origin or last habitual residence, and (c) there is no other available family or
friends to care for the child.
The petition must include an affidavit about your knowledge (or lack thereof) of the child’s
parents and other family members, their whereabouts, your contact with them and your attempts
to locate or contact them, if any.
Once the suit is filed, the court requires a notice be published to advise the parents of the suit,
and allows the parents twenty (20) days to respond. If the parents do not respond, a court order
may be obtained after a prove-up hearing.
A prove-up hearing is a brief court appearance before the judge by both of you. You each will be
sworn in and answer some questions concerning information about you, your residence, your
employment, your knowledge of the child’s parents and their whereabouts, your relationship
with the child, and your knowledge of circumstances which support the factors I noted above. I
have provided a copy of sample questions with this letter.
The Court’s order will establish you as Nonparent Sole Managing Conservator. I will discuss the
rights and responsibilities of this role at our appointment.
In order to complete the necessary paperwork, please provide the information on the enclosed
“Petitioner’s Questionnaire.” Please note that the Court’s final order must contain the social
security number and driver license number for the child and for each petitioner, if any.
I would like to schedule an appointment to meet with you both as soon as practicable to discuss
these procedures and paperwork, the prove-up hearing and questions, and to answer any
questions or concerns that you may have. I will accommodate your schedules as best as I am
able.
If you are able to provide the requested information prior to our appointment, please do so as I
will be able to draft the documents in advance, which will allow us to prepare in a more time
efficient manner.
In the meantime, if you have any questions or need additional information, please do not hesitate
to contact me by email me at [email address], or by phone at [telephone number].
Thank you for your time and consideration. I look forward to seeing you soon.
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Appendix 22-L
Sample Prove-Up Preparation Questionnaire and Prove-Up Script
QUESTIONNAIRE
1. Please provide the following personal information:
a. Name
b. Residence Address
c. Mailing Address (if different from residence address)
d. Telephone Number
e. Social Security Number
f.
Driver License Number, State of Issue
g. Name of Employer
h. Employer Address
i.
Employer Telephone Number
2. Please briefly describe:
a. How you met the child
b. Duration and circumstances of the child’s stay with you
c. Care and support you provide
3. Please provide the following information to the best of your ability:
a. Knowledge of child’s parent(s) or family members whereabouts, if any
b. Contact with child’s parent(s) or family members, if any
c. Attempts to locate or contact child’s parent(s) or family members, if any
4. Please provide any additional information or documentation that you believe is important or to be
helpful in this case.
5. Please read and review the “Prove-Up Questions”.
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PROVE-UP SCRIPT
1. Biographical
a. Name
b. Address
c. Residence: home or apartment?
d. How long have you lived at that address?
2. Employment
a. Where are you employed?
b. What do you do there?
c. How long have you worked there?
3. Family
a. Marital Status
i. Are you married?
ii. If so, to whom?
iii. If so, for how long?
b. Children
i. Do you have any children?
ii. If so, how many?
iii. Do your children live with you?
4. Relationship With Child
a. How do you know the Child?
b. How long have you known him/her?
c. Where did you meet him/her?
d. Does he/she live with you? If so, how long?
5. Knowledge of Child’s Background
a. Prior Residence
i. Where did the Child live before he/she came to your home?
ii. Based on your knowledge, where has the Child lived before he/she lived with
you?
iii. Negate association with criminal activity and/or infectious disease(s).
b. Family Background
i. Father
1. What do you know of the Child’s father?
2. Do you know where he is?
3. Have you tried to locate him?
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4. If so, please describe?
ii. Mother
1. What do you know of the Child’s mother?
2. Do you know where she is?
3. Have you tried to locate her?
4. If so, please describe?
6. Support of Child
a. Have you provided support for the Child (e.g. food, clothing, and shelter; medical)?
b. Will you continue to provide this support to the Child?
c. Other than you, who could or would provide support for the Child?
7. Miscellaneous
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Appendix 22-M
Sample Order
CAUSE NO. xx-xxxxx
IN THE INTEREST OF
FNAME LNAME
A CHILD
§
§
§
§
§
IN THE DISTRICT COURT
Number JUDICIAL DISTRICT
DALLAS COUNTY, TEXAS
ORDER IN SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP
On this x day of Month, A.D 2007, the Court heard this case.
Appearances
Petitioners, Fname Lname and Fname Lname, appeared in person and through attorney of
record, Fname Lname, announced ready for trial.
Respondent, Fname Lname, father of the Child, is deceased. See Death Certificate, No.
XXX/XX/YEAR, dated Month Date, Year.
Respondent, Fname Lname, mother of the Child, is deceased. See Affidavit of Fname
Lname and Affidavit of Fname Lname.
Jurisdiction
The Court, after examining the record and the evidence and argument of counsel, finds
that it has jurisdiction of this case and of all the parties and that no other court has continuing
exclusive jurisdiction of this case. All persons entitled to citation were properly cited.
Jury
A jury was waived, and all questions of fact and of law were submitted to the Court.
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Record
The record of testimony was duly reported by the court reporter for the Number Judicial
District Court.
Child
The court finds that the following Child is the subject of this suit:
Child’s Name:
Fname Lname
Sex:
Female
Date of birth:
Month Date, Year
Home state:
State
Social Security Number:
N/A or number
Driver license, issuing state:
N/A or number, Texas
Conservatorship
The Court finds that the following orders are in the best interest of the Child and makes
the following findings:
1. This court has jurisdiction under Texas law to “make judicial determinations about the
custody and care of juveniles” within the meaning of § 101(a)(27)(J) of the Immigration and
Nationality Act, 8 U.S.C. § 1101(a)(27)(J)(2001), and 8 C.F.R. § 204.11(a).
2. This Child is dependent upon this Court of County, Texas, within the meaning of
101(a)(27)(J) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(27)(J)(2001), and 8
C.F.R. § 204.11(a). The Child remains under this Court’s jurisdiction.
3. This Child is eligible for long-term foster care due to abuse, abandonment, and neglect
within the meaning of § 101(a)(27)(J) of the Immigration and Nationality Act, 8 U.S.C. §
1101(a)(27)(J)(2001), and 8 C.F.R. § 204.11(a). The Child’s father and mother are both
deceased.
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Updated August 2008
4. It is not in the Child’s best interest to be returned to his/her parents’ previous country
of nationality or country of last habitual residence within the meaning of § 101(a)(27)(J) of the
Immigration and Nationality Act, 8 U.S.C. § 1101(a)(27)(J)(2001), and 8 C.F.R. § 204.11(a).
There is no one in Home Country, the Child’s home country, who could care for him/her,
provide shelter, food, education, support and clothing. There are no known family members in
Home Country and family reunification is impossible.
IT IS ORDERED that Fname Lname of Petitioner1 and Fname Lname of Petitioner2 are
appointed Nonparent Joint Managing Conservators of the following Child: Lname Fname.
IT IS ORDERED that, at all times, Fname Lname of Petitioner1 and Fname Lname of
Petitioner2, as Nonparent Joint Managing Conservators, shall have the following exclusive rights
and duties:
(12)
(13)
the right to have physical possession and to direct the moral and religious training
of the Child;
the duty of care, control, protection, and reasonable discipline of the Child;
(14)
the duty to provide the Child with clothing, food, shelter, education, and medical,
psychological, and dental care;
(15)
the right to consent for the Child to medical, psychiatric, psychological, dental,
and surgical treatment and to have access to the child’s medical records;
(16)
the right to receive and give receipt for payments for the support of the Child and
to hold or disburse funds for the benefit of the child;
(17)
except as provided by § 264.0111 of the Texas Family Code, the right to the
services and earnings of the Child;
(18)
the right to consent to marriage and to enlistment in the armed forces of the
United States;
(19)
the right to represent the Child in legal action and to make other decisions of
substantial legal significance concerning the child including but not limited to
making any application to the Department of Homeland Security or Bureau of
Citizenship and Immigration Services;
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(20)
except when a guardian of the Child’s estate or a guardian or attorney ad litem has
been appointed for the Child, the right to act as an agent of the Child in relation to
the Child’s estate if the Child’s actions is required by a state, the United States, or a
foreign government;
(21)
the right to designate the primary residence of the Child and to make decisions
regarding the child’s education; and
(22)
if the parent-child relationship has been terminated with respect to the parents, or
only living parent, or if there is no living parent, the right to consent to the adoption
of the Child and to make any other decision concerning the Child that a parent
could make.
IT IS ORDERED that because Fname Lname of child’s father and Fname Lname of
child’s mother are deceased, they cannot be appointed as conservators.
IT IS ORDERED that Fname Lname of Petitioner1 and Fname Lname of Petitioner2 are
the sole persons authorized to apply for a passport for the child, Fname Lname.
Child Support
IT IS ORDERED that no Child support is due at this time.
Health Care
IT IS ORDERED that medical support shall be provided for the child as follows:
1.
Fname Lname of Petitioner1 and Fname Lname of Petitioner2’s
Responsibility – It is the intent and purpose of this order that Fname Lname of
Petitioner1 and Fname Lname of Petitioner2 shall, at all times, provide medical
support for the Child as child support.
2.
IT IS THEREFORE ORDERED that, as child support, Fname Lname of
Petitioner1 and Fname Lname of Petitioner2 shall provide medical support of the
Child, for as long as child support is payable under the terms of this order, as set
out herein.
Required Information
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The information required for each party by § 105.006(a) of the Texas Family Code is as
follows:
Name:
Social Security number:
Driver license, issuing state:
Current residence address:
Mailing address:
Home telephone number:
Name of employer:
Address of employment:
Work telephone number:
Fname Lname of Petitioner1
SSN
Number, Texas
Street, City, Texas Zip-XXXX
Street, City, Texas Zip-XXXX
xxx-xxx-xxxx
Employer
Street, City, Texas Zip-XXXX
xxx-xxx-xxxx
Name:
Social Security number:
Driver license, issuing state:
Current residence address:
Mailing address:
Home telephone number:
Name of employer:
Address of employment:
Work telephone number:
Fname Lname of Petitioner2
SSN
Number, Texas
Street, City, Texas Zip-XXXX
Street, City, Texas Zip-XXXX
xxx-xxx-xxxx
Employer
Street, City, Texas Zip-XXXX
xxx-xxx-xxxx
Required Notices
EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY
EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY OF ANY
CHANGE IN THE PARTY’S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS,
HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT,
DRIVER’S LICENSE NUMBER AND WORK TELEPHONE NUMBER. THE PARTY IS
ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED
INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE
REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED CHANGE. IF THE
PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN THE CHANGE IN
SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE, THE PARTY IS ORDERED TO GIVE
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NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY AFTER THE DATE THAT
THE PARTY KNOWS OF THE CHANGE.
THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY, THE
COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY PERSON,
BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT
OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.
FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE
EACH OTHER PARTY, THIS COURT, AND THE STATE CASE REGISTRY WITH THE
CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION
TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF
CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX
MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT
FOR PAYMENT OF ATTORNEY’S FEES AND COURT COSTS.
Notice shall be given to the other party by delivering a copy of the notice to the party by
registered or certified mail, return receipt requested. Notice shall be given to the Court by
delivering a copy of the notice either in person to the clerk of this Court or by registered or
certified mail addressed to the clerk at 600 Commerce Street, Dallas, Texas 75202. Notice shall
be given to the state case registry by mailing a copy of the notice to State Case Registry, P.O.
Box 12017, Austin, Texas 78711-2017.
Warnings
WARNINGS TO PARTIES: FAILURE TO OBEY A COURT ORDER FOR CHILD
SUPPORT OR FOR POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN
FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF
COURT. A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL
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FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION AND A
MONEY JUDGMENT FOR PAYMENT OF ATTORNEY’S FEES AND COURT COSTS.
FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE
PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN THE
PARTY’S NOT RECEIVING CREDIT FOR MAKING THE PAYMENT.
FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY
DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A
CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A CHILD
DOES NOT JUSTIFY FAILTURE TO PAY COURT-ORDERED CHILD SUPPORT TO
THAT PARTY.
Costs
IT IS ORDERED each party is to pay costs they have incurred.
Discharge from Discover Retention Requirement
IT IS ORDERED that the parties and their respective attorneys are discharged from the
requirement of keeping and storing the documents produced in this case in accordance with rule
191.4(d) of the Texas Rules of Civil Procedure.
Relief Not Granted
IT IS ORDERED that all relief requested in this case and not expressly granted is denied.
Date of Order
SIGNED on this x day of Month, A.D 2007.
_____________________________
JUDGE PRESIDING
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APPROVED AND CONSENTED TO AS BOTH FORM AND SUBSTANCE:
_____________________________
Fname Lname Petitioner1
PETITIONER
_____________________________
Fname Lname Petitioner2
PETITIONER
APPROVED AS TO FORM ONLY:
By:
__________________________
Fname Lname Attorney
State Bar No. xxxxxxxx
ATTORNEY FOR PETITIONERS
Address
City, State ZIP
Telephone
Fax
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