Rules committee creates process to speed special‑immigration‑juvenile findings in divorce and parentage cases

The Family Rules Committee reported new rules to implement the statute authorizing Special Immigrant Juvenile (SIJ) findings in family‑law proceedings, including expedited scheduling and a narrowly circumscribed waiver of service for certain petitioners. Judge Amy Davenport, reporter for the Family Rules Committee, told the Legislative Committee on Judicial Rules that practitioners initially thought the statute’s procedures could be handled under existing family rules, but immigration advocates highlighted two practical problems: delay in scheduling and the absence of a rule allowing waiver of service within divorce and parentage proceedings. To address delay, the committee’s rule directs that where a petition for SIJ findings is filed alongside a divorce or parentage complaint, the matter may be scheduled immediately before a judge — bypassing the routine case‑manager conference — so the court can consider SIJ findings without the typical scheduling delay. Davenport said that “getting the special findings decided first is important.” The committee also added a limited waiver‑of‑service provision applicable only to petitions for SIJ findings. To prevent routine or reflexive waivers, the rule requires any motion to waive service to be accompanied by an affidavit describing efforts to locate a parent and explaining why service by other methods is not practicable; the rule specifically requires a “detailed description of efforts” if a parent’s name or location is unknown. Davenport said the SIJ‑related rule package took time to develop but became effective Jan. 1. She offered to answer questions and the committee recorded no objections.