Federal U.S. immigration laws will recognize a Family Court judge’s authority to issue the special findings necessary for a juvenile to apply for Special Immigrant Juvenile Status (SIJS).- While a family court judge’s special finding allows a juvenile to take a first step toward applying for SIJS, immigration officials are SOLELY responsible for deciding whether a juvenile is eligible for SIJS.
SIJS in NY Courts
Special Findings must be made by a state court judge.
- Some of the proceedings where a motion for special findings can be heard include:
- Article 10 Proceedings (Abuse & Neglect)
- Voluntary Placement/Destitute Child Cases
- Adoptions
- Guardianship Proceedings
- Custody/Support Proceedings (varies by judicial department)
- PINS Proceedings
- Juvenile Delinquency Proceedings
- Family Offense Proceedings
Special Findings can be:
- Entered at virtually any point in the proceeding as long as the threshold factual findings are made
- Entered against one parent
- Entered against a non-respondent parent
- Made by a judge or referee
- Form GF-42: Special Findings Order
Special Findings Applications
- Procedure depends on particular judge and the type of proceeding, but can involve:
- Presentation of written motions & legal memoranda
- Oral testimony, affidavits, documents (birth certificates, death certificates, etc.)
- Evaluation of court-ordered investigation and background checks
- Representation:
- By counsel of choice or assignment of Law Guardian/Attorney for the Child; see Family Court Act § 241.
