O.C. v. Super. Ct.
The court held that a California probate court's Special Immigrant Juvenile findings must be grounded in California statutes and case law, expressly cited on the mandatory Judicial Council form, and therefore vacated the Superior Court's August 1, 2019 SIJ findings, ordering new findings for items 4(b) and 6 that satisfy the state-law "reunification not viable" requirement.
Date Filed: January 08, 2020
Case Name: O.C. v. Super. Ct.
Case Number: G058416
Court: California Court of Appeal, Fourth Appellate District, Division Three
(‘The Court holds that a California probate court must base its Special Immigrant Juvenile (SIJ) findings on California statutory and case law, and must cite that authority on the mandatory Judicial Council form; the appellate court therefore vacates the Superior Court’s August\u202f1,\u202f2019 SIJ findings and mandates that the court issue new findings for items\u202f4(b) and\u202f6 that comply with state‑law requirements. This ruling clarifies that probate courts cannot rely solely on federal statutes when making the “reunification not viable” determination required for SIJ status, reinforcing the statutory mandate that such findings be grounded in California law and ensuring proper procedural compliance in immigration‑related probate proceedings.’, ‘211c25a8’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.