O.C. v. Super. Ct.Annotate this Case
O.C., a 14-year-old refugee from Guatemala, asked the superior court to make the required Special immigrant juvenile findings, a necessary first step under the federal immigration law that allowed abandoned, unaccompanied minors living in the United States to apply for status as permanent legal residents (SIJ findings). A mandatory Judicial Council form was created for this purpose. Items 4(b), 5, and 6 on the form required the superior court to detail its findings, citing California law. The Court of Appeal determined the superior court failed to cite California statutory or case law in items 4(b) and 6, and did not check the box in item 5 to indicate O.C. could not reunify with her mother, who was deceased. Treating O.C.'s appeal as a petition for a writ of mandate, the Court of Appeal granted the petition and ordered the probate court to vacate its SIJ findings and issue new findings for items 4(b) and 6 of the mandatory Judicial Council form baed on state law, as proposed by O.C. and in compliance with federal rules and regulations.