Bill Text: CA AB2224 | 2023-2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Special immigrant juvenile status: court orders and guardianship.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-09-29 - Chaptered by Secretary of State - Chapter 955, Statutes of 2024. [AB2224 Detail]
Download: California-2023-AB2224-Introduced.html
Victims Noncitizen victims of trafficking,
domestic violence, and other serious crimes, and noncitizen children who have been abused, neglected, or abandoned, as defined in subdivision (b) of Section 18945, shall be eligible for these services to the same extent as individuals who are admitted to the United States as a refugee under Section 1157 of Title 8 of the United States Code. Services under this subdivision shall be paid from state funds to the extent federal funding is unavailable. a visa application
an application for T nonimmigrant status under Section 1101 (a)(15)(T)(i) or (ii), or (ii) of, a petition for U nonimmigrant status under Section 1101 (a)(15)(U)(i) or (ii), of (ii) of, or a petition for special immigrant juvenile status under Section 1101(a)(27)(J) of, Title 8 of the United States Code. For trafficking victims on behalf of whom law enforcement officials have not yet filed for continued presence or who have not yet filed an
application for a visa, benefits issued pursuant to this subdivision shall be available for up to one year, and shall continue after that date only if an application for continued presence, or an application for a visa, is filed within the one-year period. Benefits and services under this subdivision shall be paid from state funds to the extent federal funding is unavailable.
Bill Title: Special immigrant juvenile status: court orders and guardianship.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-09-29 - Chaptered by Secretary of State - Chapter 955, Statutes of 2024. [AB2224 Detail]
Download: California-2023-AB2224-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2224
| Introduced by Assembly Member Santiago |
February 07, 2024 |
An act to amend Sections 13283, 14005.2, and 18945 of the Welfare and Institutions Code, relating to human services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2224, as introduced, Santiago.
Human services: special immigrant juvenile status.
Existing federal law establishes a procedure for providing certain immigrants with the classification of special immigrant juvenile status (SIJS) and authorizes those persons to apply for an adjustment of status to that of a lawful permanent resident within the United States. Under federal law, SIJS criteria include, among other things, that the immigrant’s reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis found under state law, and for whom it would not be in their best interest to be returned to their or their parent’s previous country of nationality or country of last habitual residence. Under existing state law, a superior court has jurisdiction to make the factual findings necessary to enable a child to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile under those
federal provisions.
Under existing state law, noncitizen victims of trafficking, domestic violence, and other serious crimes, as defined, are eligible for certain public social services and health care services to the same extent as individuals who are admitted to the United States as refugees. Existing law requires the discontinuance of those services if there is a final administrative denial of a visa application, as specified. Existing law requires that benefits and services under those provisions be paid from state funds to the extent federal funding is unavailable.
This bill would expand those services to individuals who have filed a petition with the appropriate federal agency for SIJS, and to individuals who received the judicial determinations necessary to enable them to file that petition for SIJS. The bill would make conforming changes to related provisions. By increasing duties for counties to administer and
determine eligibility for public social services and health care services, the bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the California Work Opportunity and Responsibility to Kids (CalWORKs) program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing these provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made
pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 13283 of the Welfare and Institutions Code is amended to read:13283.
Notwithstanding any other law, the department shall ensure that noncitizen victims of trafficking, domestic violence, and other serious crimes, and noncitizen children who have been abused, neglected, or abandoned, as defined in subdivision (b) of Section 18945, have access to refugee cash assistance, and refugee social services set forth in this chapter, to the same extent as individuals who are admitted to the United States as refugees under Section 1157 of Title 8 of the United States Code. These individuals shall be subject to the same work requirements and exemptions as other participants, provided that compliance with these requirements is authorized by law. An exemption from these requirements shall be available if physical or psychological trauma related to or arising from the victimization impedes their ability to comply. Assistance and services under this section shall be paid from state funds to the extent federal funding is unavailable.SEC. 2.
Section 14005.2 of the Welfare and Institutions Code is amended to read:14005.2.
Unless otherwise specified in this chapter, the eligibility of a person eligible under the Cuban-Haitian Entrant Program or the Refugee Resettlement Program for health care services under Section 14005 shall be determined by applying the same income and resource methodologies and standards and all other eligibility criteria established pursuant to this chapter that are applied by the department in determining the eligibility of a medically needy family person, except for those criteria that establish categorical relatedness, and only as long as federal funds are available.SEC. 3.
Section 18945 of the Welfare and Institutions Code is amended to read:18945.
(a) Noncitizen victims of trafficking, domestic violence, and other serious crimes, and noncitizen children who have been abused, neglected, or abandoned, as defined in subdivision (b), shall be eligible for public social services under this division, and health care services under Part 6.2 (commencing with Section 12693) of Division 2 of the Insurance Code, to the same extent as individuals who are admitted to the United States as refugees under Section 1157 of Title 8 of the United States Code. These services shall discontinue if there is a final administrative denial of(b) For purposes of this section, “noncitizen victims of trafficking, domestic violence, and other serious crimes crimes, and noncitizen children who have been abused, neglected, or abandoned”
shall be defined to include both all of the following:
(1) Noncitizen victims of a severe form of trafficking in persons, who have been subjected to an act or practice described in Section 7102 (8) or (9) of Title 22 of the United States Code or Section 236.1 of the Penal Code, and who have filed an I-914 application for T Nonimmigrant status with the appropriate federal agency, are preparing to file an application for status under Section 1101 (a)(15)(T)(i) or (ii) of Title 8 of the United States Code, or otherwise are taking steps to meet the conditions for federal benefits eligibility under Section 7105 of Title 22 of the United States Code.
(2) Individuals who have filed a formal application with the appropriate federal agency for status under Section 1101 (a)(15)(U)(i) or (ii) of Title 8 of the United States Code.
(3) (A) Individuals who have filed a petition with the appropriate federal agency for special immigrant juvenile status under Section 1101(a)(27)(J) of Title 8 of the United States Code.
(B) Individuals who received the judicial determinations necessary to enable them to file the petition described in subparagraph (A).
(c) After one year from the date of application for public social services, noncitizen
victims of a severe form of trafficking, as defined in paragraph (1) of subdivision (b), shall be ineligible for state-funded services if a visa application has not been filed until under Section 1101 (a)(15)(T)(i) or (ii) of Title 8 of the United States Code.
(d) A noncitizen victim of a severe form of trafficking, as defined in paragraph (1) of subdivision (b), who is issued a visa shall be removed from the state-funded program and provided federally funded public social services benefits under the provisions of Section 1522 of Title 8 of the United States Code, or another federal program for which the noncitizen victim may be eligible.
(e) For purposes of this section, Section 13283 13283,
and Section 14005.2:
(1) In determining whether an applicant for public social services has been a victim of a severe form of human trafficking, as defined in Section 7102 (8) or (9) of Title 22 of the United States Code, or Section 236.1 of the Penal Code, the state or local agency shall consider all relevant and credible evidence. A sworn statement by a victim, or a representative if the victim is not able to competently swear, shall be sufficient if at least one item of additional evidence is also provided, including, but not limited to, any of the following:
(A) Police, government agency, or court records or files.
(B) News articles.
(C) Documentation from a social services, trafficking, or domestic violence program, or a
legal, clinical, medical, or other professional from whom the applicant or recipient has sought assistance in dealing with the crime.
(D) A statement from any other individual with knowledge of the circumstances that provided the basis for the claim.
(E) Physical evidence.
(F) A copy of a completed visa application.
(G) Written notice from the federal agency of receipt of the visa application.
(2) If the victim cannot provide additional evidence, then the sworn statement shall be sufficient if the county or state agency makes a determination documented in the case file that the applicant is credible.
