Guardianship of Saul H.
The court held that a California probate court may not deny.
Date Filed: August 15, 2022
Case Name: Guardianship of Saul H.
Case Number: S271265
Court: California Supreme Court
The Court resolves whether a California probate court may deny a special‑immigrant‑juvenile (SIJ) petition when a child’s parents are merely poor, holding that the court must apply the statutory “similar basis” standard of California law—i.e., reunification is not viable when the child faces a substantial risk of serious physical harm because the parents cannot adequately protect him. Accordingly, the Supreme Court reverses the appellate judgment and remands for the probate court to issue SIJ predicate findings that reunification is unviable and that return to El\u202fSalvador would be contrary to the child’s best interests. This decision clarifies the evidentiary requirements for SIJ petitions, ensuring that probate courts evaluate parental inability to protect as a form of abuse/neglect rather than dismissing claims on the basis of poverty alone.
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.