Alex R. v. Super. Ct.

Petitioner, a 12-year-old child from Honduras who entered the United States without documentation, seeks to obtain "special immigrant juvenile" (SIJ) status under 8 U.S.C. 1101(a)(27)(J). In this case, the family court refused to appoint a guardian ad litem for petitioner unless he gave his father notice of the application for a guardian ad litem. The court concluded that the family court erred in requiring parental notice before appointing a guardian ad litem where neither a statutory requirement nor procedure exists for providing notice to parents of the application for a guardian ad litem; decisional law does not require parental notice prior to appointment of a guardian ad litem; and due process does not require notice to parents before a guardian ad litem may be appointed. Accordingly, the court granted the petition. View "Alex R. v. Super. Ct." on Justia Law