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.
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.
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.
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 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.
A separate form FL-356 must be filed for each child for whom SIJ findings are requested.
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:
(Subd (c) amended effective September 1, 2017.)
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).
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.
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.
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