MODEL STATE COURT ORDER WITH FINDINGS OF FACT FOR SIJS PETITION

IOWA DISTRICT COURT FOR ______COUNTY JUVENILE DIVISION

IN THE INTEREST OF ) ) No. JVJV ______, ) ) ORDER RE: MINOR’S ELIGIBILITY A Child. ) FOR SPECIAL IMMIGRANT STATUS ______

______has been appointed to represent the child in interest and is directed to assure a timely application for special immigrant status is made to the United States Citizenship and Immigration Services and that all necessary information and supporting evidence is compiled.

The Court makes the following FINDINGS:

The court finds the child, ______, was born in (***) on (***), is under the age of eighteen, and is a citizen and national of (***).

The Court has jurisdiction under Iowa law to make judicial determinations about the custody and care of juveniles within the meaning of Section 101(a)(27)(J) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(27)(J)(i), and 8 C.F.R. § 204.11(a), (c), (d)(2)(i). ______remains under the Court’s jurisdiction.

The child is dependent upon this Court within the meaning of Section 101(a)(27)(J) (i) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(27)(J)(i), and 8 C.F.R. § 204.11(a), (c), (d)(2)(i). The child was adjudicated a (Child in Need of Assistance) (Delinquent) dependent on the Iowa Juvenile Court in and for ______County on ______, 20__, pursuant to Iowa Code § ______.

The court further finds that reunification with one or both of the child in interest’s parents is not viable due to abuse, neglect, or abandonment under INA Section 101(a)(27) (J), 8 U.S.C. § 1101(a)(27)(J), and 8 C.F.R. § 204.11(a), (c), (d)(2)(ii). Specifically, this court finds that the child in interest’s reunification with (mother/father/parents) is not viable based on the fact that the child was (abused, abandoned, neglected, and/or deserted) within the meaning of Iowa Code § ______. The court makes this finding based on evidence that the child was adjudicated as a (Child in Need of Assistance) (Delinquent) on ______, 20__. (Include specific evidence of the (abuse, abandonment, neglect, and/or deserted here.) (Exhibit ***).

This court further finds that it is not in the best interest of the child in interest to be returned to the child’s or the child’s parent’s previous country of nationality or country of last habitual residence, ______, within the meaning Section 101(a)(27)(J) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(27)(J)(ii), and 8 C.F.R. § 204.11(a), (d) (2)(iii). It is in the child’s best interests to remain in the United States because (provide individualized reason for best interests determination here) (Exhibit ***). It is in the child’s best interests to remain in the United States.

An application is to be made to the United States Citizenship and Immigration Services pursuant to 8 U.S.C. Section 1101(a)(27)(J) for “special immigrant juvenile” status.

A progress report shall be filed by ______on or before ______, 20__.

Clerk to provide a copy of this order to ______.

SO ORDERED this ______, 20__.

BY THE COURT: ______ASSOCIATE/JUVENILE COURT JUDGE _____ JUDICIAL DISTRICT OF IOWA FORM - SIJS Revised 4/15