Maryland Court of Appeals ruling on SIJS addressing when courts enter conclusions of law that reunification with a parent who subjected the child to abuse, abandonment or neglect was not viable. Trial courts must apply Maryland law definitions of abuse, neglect and abandonment and must look at whether reunification would be unworkable. The higher exacting standard that courts apply in termination of parental rights proceedings are not the standards to be applied in SIJS cases. The case includes a significant discussion of SIJS legislative history and purpose, the SIJS process, the trial court’s obligation to make SIJS findings, the burden of proof in SIJS cases, and the legal standards to apply when courts make SIJS judicial determinations.
National Immigrant Women's Advocacy Project