The Pennsylvania Supreme Court reversed the superior court decision and remanded back to the custody court. The PA Supreme Court found that (1) state custody courts may make Special Immigrant Juvenile (SIJS) determinations in custody proceedings that result in sole custody being awarded to the parent presently in the United States; (2) SIJS determinations may be made in dependency or custody proceedings and the Superior Court erred in holding that SIJS determinations may only be made in dependency proceedings; and (3) the custody court’s findings in the custody matter provided sufficient evidence that reunification with one parent was not in the children’s best interest, and the children are therefore entitled to predicate SIJS judicial determinations.
Case law, Child welfare, abuse and neglect, Custody, Domestic Violence & Dynamics, Family Law, Special Immigrant Juvenile Status (SIJS), State Family Laws