HB 2216 — 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
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in juvenile matters,
 3      providing for special immigrant juvenile status predicate
 4      orders.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    The General Assembly finds and declares as
 8   follows:
 9          (1)   In 1990, the Congress of the United States created
10      an immigration visa category known as Special Immigrant
11      Juvenile Status, which extends protections to certain
12      vulnerable youth.
13          (2)   Prior to seeking this Federal immigration visa, an
14      applicant must first be in possession of a state court order
15      containing certain factual determinations.
16          (3)   Under the Federal statutory scheme, state courts do
17      not determine a youth's eligibility for Special Immigrant
18      Juvenile Status.
 1             (4)    Instead, state courts are tasked with making the
 2      following predicate factual findings regarding a juvenile:
 3                    (i)    Whether reunification of the juvenile with one
 4             or both of the juvenile's parents is not viable due to
 5             abuse, abandonment, neglect or similar basis under state
 6             law.
 7                    (ii)    Whether it would not be in the best interest of
 8             the juvenile to be returned to the country of nationality
 9             or last habitual residence of the juvenile or juvenile's
10             parent.
11             (5)    Orders containing the factual determinations under
12      paragraph (4) are referred to as Special Immigrant Juvenile
13      Status Predicate Orders.
14      Section 2.          Chapter 63 of Title 42 of the Pennsylvania
15   Consolidated Statutes is amended by adding a subchapter to read:
16                                     SUBCHAPTER H
17             SPECIAL IMMIGRANT JUVENILE STATUS PREDICATE ORDERS
18   Sec.
19   6391.   Definitions.
20   6392.   Jurisdiction.
21   6393.   Nonviability of reunification.
22   6394.   Best interest presumption.
23   6395.   Burden of proof and production.
24   6396.   Confidentiality.
25   6397.   Sua sponte authority.
26   6398.   Abuse of discretion.
27   6399.   Service or notice.
28   § 6391.    Definitions.
29      The following words and phrases when used in this subchapter
30   shall have the meanings given to them in this section unless the

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 1   context clearly indicates otherwise:
 2      "Juvenile."     An individual under 21 years of age.
 3      "Juvenile court."       Orphans' court, custody court, juvenile
 4   court or any other court having jurisdiction under the laws of
 5   this Commonwealth to make determinations relevant to the well-
 6   being, welfare or best interest of a juvenile.
 7      "Predicate factual findings."          The factual determinations
 8   made by a juvenile court regarding a juvenile as to:
 9             (1)   Whether reunification of the juvenile with one or
10      both of the juvenile's parents is not viable due to abuse,
11      abandonment, neglect or similar basis under State law.
12             (2)   Whether it would not be in the best interest of the
13      juvenile to be returned to the country of nationality or last
14      habitual residence of the juvenile or juvenile's parent.
15      "Predicate order."      An order issued in connection with a
16   juvenile court proceeding containing the predicate factual
17   findings necessary to enable an immigrant juvenile to apply for
18   Special Immigrant Juvenile Status.
19   § 6392.    Jurisdiction.
20      (a)    Juvenile court authority.--A juvenile court shall have
21   jurisdiction to enter a predicate order regarding an individual
22   but only if the individual is a juvenile.
23      (b)    Predicate factual findings.--
24             (1)   The predicate factual findings regarding a juvenile
25      need not be made at the same time or contained in the same
26      order awarding custody, appointing a guardian, adjudicating a
27      juvenile dependent or delinquent or granting any other form
28      of protection to safeguard the well-being, welfare or best
29      interests of the juvenile.
30             (2)   In making predicate factual findings, a juvenile

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 1      court shall use the definitions of abandonment, abuse,
 2      neglect and best interest routinely applied under the
 3      relevant law of this Commonwealth.
 4   § 6393.    Nonviability of reunification.
 5      If a juvenile court finds that a juvenile has been abandoned,
 6   abused or neglected by one or both of the juvenile's parents,
 7   the juvenile court shall issue a predicate order finding that
 8   reunification of the juvenile with the juvenile's offending
 9   parent or parents is not viable due to the abandonment, abuse or
10   neglect.
11   § 6394.    Best interest presumption.
12      If a juvenile court awards custody, appoints a guardian,
13   adjudicates a juvenile dependent or delinquent or grants any
14   other form of protection to safeguard the well-being, welfare or
15   best interests of an immigrant juvenile, it shall be presumed
16   that it is not in the best interest of the juvenile to be
17   returned to the country of nationality or last habitual
18   residence of the juvenile or juvenile's parent.
19   § 6395.    Burden of proof and production.
20      (a)     Predicate orders.--The burden of proof for proving
21   necessary facts for predicate orders is preponderance of
22   evidence.
23      (b)     Testimony of juvenile.--The testimony of a juvenile
24   standing alone, if deemed credible, is sufficient proof upon
25   which to issue a predicate order. The testimony of the juvenile
26   need not be supported by other evidence.
27      (c)     Construction.--Nothing in this subchapter shall be
28   construed to create an increased burden of proof or production.
29   § 6396.    Confidentiality.
30      Information regarding the immigration status of a juvenile

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 1   and any parties involved in a juvenile court proceeding under
 2   this subchapter shall be confidential to the extent not
 3   otherwise protected by State confidentiality law.
 4   § 6397.   Sua sponte authority.
 5      Nothing in this subchapter shall prevent a juvenile court
 6   from issuing a predicate order sua sponte if there is a factual
 7   basis for the predicate order.
 8   § 6398.   Abuse of discretion.
 9      A juvenile court commits an abuse of discretion if the
10   juvenile court denies a party a meaningful opportunity to seek a
11   predicate order or refuses to issue a predicate order if there
12   is a factual basis for the predicate order.
13   § 6399.   Service or notice.
14      In a case involving an allegation of abandonment of a
15   juvenile by a parent of the juvenile, the juvenile court may
16   excuse the necessity of effectuating service on or other notice
17   to the parent if the parent has abandoned the juvenile for a
18   period of at least six months.
19      Section 3.   This act shall take effect in 60 days.




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