The Second Department determined Family Court should have granted the motion for findings to allow a juvenile to petition for special immigrant juvenile state (SIJS):
Based upon our independent factual review, we find that the record fully supports the petitioner’s contention that, because the child’s mother neglected him, reunification with the mother is not a viable option … . Contrary to the Family Court’s determination, the record demonstrated that the physical, mental, or emotional condition of the child had been impaired or was in imminent danger of becoming impaired as a result of the failure of the mother to exercise a minimum degree of care “in supplying the child with adequate food, clothing, shelter or education . . . though financially able to do so or offered financial or other reasonable means to do so” … . Indeed, the petitioner’s testimony at the hearing demonstrated that although the mother received financial assistance to provide for the child’s clothing and education, the mother failed to use such assistance for the child’s benefit. The child’s testimony corroborated the petitioner’s testimony in this respect.
Accordingly, the Family Court should have granted the petitioner’s motion for the issuance of an order making the requisite declaration and specific findings so as to enable the child to petition for SIJS. Matter of Wilson A.T.Z. (Jose M.T.G.–Manuela Z.M.), 2017 NY Slip Op 01215, 2nd Dept 2-15-17
FAMILY LAW (SPECIAL IMMIGRANT JUVENILE STATUS, FAMILY COURT SHOULD HAVE MADE FINDINGS TO ALLOW JUVENILE TO PETITION FOR SPECIAL IMMIGRANT JUVENILE STATUS)/IMMIGRATION LAW (SPECIAL IMMIGRANT JUVENILE STATUS, FAMILY COURT SHOULD HAVE MADE FINDINGS TO ALLOW JUVENILE TO PETITION FOR SPECIAL IMMIGRANT JUVENILE STATUS)/SPECIAL IMMIGRANT JUVENILE STATUS (SIJS) ( FAMILY COURT SHOULD HAVE MADE FINDINGS TO ALLOW JUVENILE TO PETITION FOR SPECIAL IMMIGRANT JUVENILE STATUS)