Cal. R. 5.130

As amended through July 24, 2024

Rule 5.130 - Request for Special Immigrant Juvenile findings

(a) Application

This rule applies to a request by or on behalf of a minor child who is a party or the child of a party in a proceeding under the Family Code for the judicial findings needed as a basis for filing a federal petition for classification as a Special Immigrant Juvenile (SIJ). This rule also applies to an opposition to such a request, a hearing on such a request or opposition, and judicial findings in response to such a request.

(b) Request for findings

Unless otherwise required by law or this rule, the rules in this chapter governing a request for court orders in family law proceedings also apply to a request for SIJ findings in those proceedings.

(1)Who may file

Any person-including the child's parent, the child if authorized by statute, the child's guardian ad litem, or an attorney appointed to represent the child-authorized by the Family Code to file a petition, response, request for order, or responsive declaration to a request for order in a proceeding to determine custody of a child may file a request for SIJ findings with respect to that child.

(2)Form of request

A request for SIJ findings must be made using Confidential Request for Special Immigrant Juvenile Findings-Family Law (form FL-356). The completed form may be filed in any proceeding under the Family Code in which a party is requesting sole physical custody of the child who is the subject of the requested findings:

(A) At the same time as, or any time after, the petition or response;

(B) At the same time as, or any time after, a Request for Order (form FL-300) or a Responsive Declaration to Request for Order (form FL-320) requesting sole physical custody of the child; or

(C) In an initial action under the Domestic Violence Prevention Act, at the same time as, or any time after, a Request for Domestic Violence Restraining Order (Domestic Violence Prevention) (form DV-100) or Response to Request for Domestic Violence Restraining Order (Domestic Violence Prevention) (form DV-120) requesting sole physical custody of the child.

(3)Separate filing

A request on form FL-356 filed at the same time as any of the papers in (A), (B), or (C) must be filed separately from, and not as an attachment to, that paper.

(4)Separate form for each child

A separate form FL-356 must be filed for each child for whom SIJ findings are requested.

(c) Notice of hearing

Notice of a hearing on a request for SIJ findings must be served with a copy of the request and all supporting papers in the appropriate manner specified in rule 5.92(f)(1), (2) or (3), as applicable, on the following persons:

(1) All parties to the underlying family law case;

(2) All alleged, biological, and presumed parents of the child who is the subject of the request; and

(3) Any other person who has physical custody or is likely to claim a right to physical custody of the child who is the subject of the request.

(Subd (c) amended effective September 1, 2017.)

(d) Response to request

Any person entitled under (c) to notice of a request for SIJ findings with respect to a child may file and serve a response to such a request using Confidential Response to Request for Special Immigrant Juvenile Findings (form FL-358).

(e) Hearing on request

To obtain a hearing on a request for SIJ findings, a person must file and serve a Confidential Request for Special Immigrant Juvenile Findings-Family Law (form FL-356) for each child who is the subject of such a request.

(1) A request for SIJ findings and a request for an order of sole physical custody of the same child may be heard and determined together.

(2) The court may consolidate into one hearing separate requests for SIJ findings for more than one sibling or half sibling named in the same family law case or in separate family law cases.

(3) If custody proceedings relating to siblings or half siblings are pending in multiple departments of a single court or in the courts of more than one California county, the departments or courts may communicate about consolidation consistent with the procedures and limits in Family Code section 3410(b)-(e).

(f) Separate findings for each child

The court must make separate SIJ findings with respect to each child for whom a request is made, and the clerk must issue a separate Special Immigrant Juvenile Findings (form FL-357) for each child with respect to whom the court makes SIJ findings.

(g) Confidentiality (Code Civ. Proc., §155(c))

The forms Confidential Request for Special Immigrant Juvenile Findings-Family Law (form FL-356), Confidential Response to Request for Special Immigrant Juvenile Findings (form FL-358), and Special Immigrant Juvenile Findings (form FL-357) must be kept in a confidential part of the case file or, alternatively, in a separate, confidential file. Any information regarding the child's immigration status contained in a record related to a request for SIJ findings kept in the public part of the file must be redacted to prevent its inspection by any person not authorized under Code of Civil Procedure section 155(c).

Cal. R. Ct. 5.130

Rule 5.130 amended effective 9/1/2017; adopted effective 7/1/2016.

Title 5, Family and Juvenile Rules-Division 1, Family Rules-Chapter 7, Request for Emergency Orders (Ex Parte Orders); adopted 1/1/2013.

Title 5, Family and Juvenile Rules-Division 1, Family Rules-Chapter 7, Request for Emergency Orders (Ex Parte Orders)-Article 1, Request for Emergency Orders (Ex Parte Orders); adopted 1/1/2013.