An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in juvenile matters, providing for special immigrant juvenile status predicate orders.

PRINTER'S NO. 2910
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2216
Session of
2026
INTRODUCED BY PROBST, HILL-EVANS, MAYES, WAXMAN, KINKEAD,
HOWARD, RIVERA, SANCHEZ, HOHENSTEIN, D. WILLIAMS, BELLMON,
GREEN AND BOYD, FEBRUARY 11, 2026
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 12, 2026
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in juvenile matters,
providing for special immigrant juvenile status predicate
orders.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The General Assembly finds and declares as
follows:
(1) In 1990, the Congress of the United States created
an immigration visa category known as Special Immigrant
Juvenile Status, which extends protections to certain
vulnerable youth.
(2) Prior to seeking this Federal immigration visa, an
applicant must first be in possession of a state court order
containing certain factual determinations.
(3) Under the Federal statutory scheme, state courts do
not determine a youth's eligibility for Special Immigrant
Juvenile Status.
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(4) Instead, state courts are tasked with making the
following predicate factual findings regarding a juvenile:
(i) Whether reunification of the juvenile with one
or both of the juvenile's parents is not viable due to
abuse, abandonment, neglect or similar basis under state
law.
(ii) Whether it would not be in the best interest of
the juvenile to be returned to the country of nationality
or last habitual residence of the juvenile or juvenile's
parent.
(5) Orders containing the factual determinations under
paragraph (4) are referred to as Special Immigrant Juvenile
Status Predicate Orders.
Section 2. Chapter 63 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER H
SPECIAL IMMIGRANT JUVENILE STATUS PREDICATE ORDERS
Sec.
6391. Definitions.
6392. Jurisdiction.
6393. Nonviability of reunification.
6394. Best interest presumption.
6395. Burden of proof and production.
6396. Confidentiality.
6397. Sua sponte authority.
6398. Abuse of discretion.
6399. Service or notice.
§ 6391. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
"Juvenile." An individual under 21 years of age.
"Juvenile court." Orphans' court, custody court, juvenile
court or any other court having jurisdiction under the laws of
this Commonwealth to make determinations relevant to the well-
being, welfare or best interest of a juvenile.
"Predicate factual findings." The factual determinations
made by a juvenile court regarding a juvenile as to:
(1) Whether reunification of the juvenile with one or
both of the juvenile's parents is not viable due to abuse,
abandonment, neglect or similar basis under State law.
(2) Whether it would not be in the best interest of the
juvenile to be returned to the country of nationality or last
habitual residence of the juvenile or juvenile's parent.
"Predicate order." An order issued in connection with a
juvenile court proceeding containing the predicate factual
findings necessary to enable an immigrant juvenile to apply for
Special Immigrant Juvenile Status.
§ 6392. Jurisdiction.
(a) Juvenile court authority.--A juvenile court shall have
jurisdiction to enter a predicate order regarding an individual
but only if the individual is a juvenile.
(b) Predicate factual findings.--
(1) The predicate factual findings regarding a juvenile
need not be made at the same time or contained in the same
order awarding custody, appointing a guardian, adjudicating a
juvenile dependent or delinquent or granting any other form
of protection to safeguard the well-being, welfare or best
interests of the juvenile.
(2) In making predicate factual findings, a juvenile
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court shall use the definitions of abandonment, abuse,
neglect and best interest routinely applied under the
relevant law of this Commonwealth.
§ 6393. Nonviability of reunification.
If a juvenile court finds that a juvenile has been abandoned,
abused or neglected by one or both of the juvenile's parents,
the juvenile court shall issue a predicate order finding that
reunification of the juvenile with the juvenile's offending
parent or parents is not viable due to the abandonment, abuse or
neglect.
§ 6394. Best interest presumption.
If a juvenile court awards custody, appoints a guardian,
adjudicates a juvenile dependent or delinquent or grants any
other form of protection to safeguard the well-being, welfare or
best interests of an immigrant juvenile, it shall be presumed
that it is not in the best interest of the juvenile to be
returned to the country of nationality or last habitual
residence of the juvenile or juvenile's parent.
§ 6395. Burden of proof and production.
(a) Predicate orders.--The burden of proof for proving
necessary facts for predicate orders is preponderance of
evidence.
(b) Testimony of juvenile.--The testimony of a juvenile
standing alone, if deemed credible, is sufficient proof upon
which to issue a predicate order. The testimony of the juvenile
need not be supported by other evidence.
(c) Construction.--Nothing in this subchapter shall be
construed to create an increased burden of proof or production.
§ 6396. Confidentiality.
Information regarding the immigration status of a juvenile
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and any parties involved in a juvenile court proceeding under
this subchapter shall be confidential to the extent not
otherwise protected by State confidentiality law.
§ 6397. Sua sponte authority.
Nothing in this subchapter shall prevent a juvenile court
from issuing a predicate order sua sponte if there is a factual
basis for the predicate order.
§ 6398. Abuse of discretion.
A juvenile court commits an abuse of discretion if the
juvenile court denies a party a meaningful opportunity to seek a
predicate order or refuses to issue a predicate order if there
is a factual basis for the predicate order.
§ 6399. Service or notice.
In a case involving an allegation of abandonment of a
juvenile by a parent of the juvenile, the juvenile court may
excuse the necessity of effectuating service on or other notice
to the parent if the parent has abandoned the juvenile for a
period of at least six months.
Section 3. This act shall take effect in 60 days.
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