§ 3.2203 — Jurisdiction to make findings relating to status of child as special immigrant juvenile; request for findings; order making findings; records relating to immigration status of child; Supreme Court to adopt rules and procedures

1. The district court has jurisdiction to make judicial determinations regarding the custody and care of juveniles within the meaning of the federal Immigration and Nationality Act, 8 U.S.C. §§ 1101 et seq., and the regulations adopted pursuant thereto, and therefore may make the factual findings necessary to enable a child to apply for status as a special immigrant juvenile with the United States Citizenship and Immigration Services of the Department of Homeland Security, as described in 8 U.S.C. § 1101(a)(27)(J).
2. The factual findings set forth in subsection 3 may be made by the district court at any time during a proceeding held pursuant to chapter 62B , 125 , 159 , 159A or 432B of NRS.
3. A person may include in a petition filed or motion made pursuant to chapter 62B , 125 , 159 , 159A or 432B of NRS a request that the court make the following findings to enable a child to apply for status as a special immigrant juvenile with the United States Citizenship and Immigration Services:
(a) The child has been declared dependent on the court or has been legally committed to, or placed under the custody of, a state agency or department or a person appointed by the court;
(b) The reunification of the child with one or both of his or her parents was determined not to be viable because of abandonment, abuse or neglect or a similar basis under the laws of this State; and
(c) It is not in the best interests of the child to be returned to the previous country of nationality or last habitual residence of the child or his or her parents.
4. If the court determines that there is evidence to support the findings set forth in subsection 3, including, without limitation, a declaration by the child who is the subject of the petition, the court shall issue an order setting forth such findings. The court shall include in the order the date on which the:
(a) Dependency, commitment or custody of the child was ordered; and
(b) Reunification of the child with one or both of his or her parents was determined not to be viable.
5. The court shall not:
(a) Make any additional findings regarding the asserted, purported or perceived motivation of the child seeking status as a special immigrant juvenile or the person requesting that the court make the findings set forth in subsection 3; or
(b) Include or reference any such asserted, purported or perceived motivation of any such person as a part of its findings pursuant to this section.
6. In any proceeding held regarding a petition filed pursuant to subsection 3, any records containing information concerning the immigration status of a child that are not otherwise confidential pursuant to any provision of law must be sealed and made available for inspection only by:
(a) The court;
(b) The child who is the subject of the proceeding and his or her attorney and guardian; and
(c) Any party to the proceeding and his or her attorney.
7. The Supreme Court shall adopt any rules and procedures necessary to implement the provisions of this section.
8. As used in this section:
(a) “Abandonment” has the meaning ascribed to “abandonment of a child” in NRS 128.012 .
(b) “Abuse or neglect” has the meaning ascribed to “abuse or neglect of a child” in NRS 432B.020 .
(c) “Child” means an unmarried person who is less than 21 years of age.
(d) “Special immigrant juvenile” means a person described in 8 U.S.C. § 1101(a)(27)(J).

Legislative History

(Added to NRS by 2017, 1147 )