OAR 413-070-0574: Special Immigrant Juvenile Status

(1) The Department may apply for special immigrant juvenile status for a child or young adult in the legal and physical custody and guardianship of the Department if all of the following requirements are met: (a) The juvenile court has determined that: (A) The child or young adult is a dependent ward; (B) The child or young adult cannot be returned to a parent due to abuse, neglect, abandonment, or similar circumstance; and (C) It is not in the best interests of the child or young adult to return to the child's, young adult's, or parent's country of nationality or country of last habitual residence. (b) The permanency plan for the child or young adult has been changed by the court from return to parent to another permanent plan. (c) The child or young adult is not a United States citizen and does not have lawful permanent resident status. (d) The child or young adult is unmarried and under 21 years of age. (2) Department staff must consult with and obtain approval from the Department of Human Services Diversity and International Affairs Program Manager or designee before applying for special immigrant juvenile status for a child or young adult in the legal and physical custody and guardianship of the Department. (3) To apply for special immigrant juvenile status, before the 21st of the child or young adult the Department must: (a) Obtain a court order from the juvenile court that makes the necessary findings to support an application for special immigrant juvenile status; and (b) Complete and submit all necessary U.S. Citizenship and Immigration Service forms and applications for special immigrant juvenile status.