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Tuesday, November 3, 2015

O.Y.P.C. VS. J.C.P. A-0334-14T1

 O.Y.P.C. VS. J.C.P. 
A-0334-14T1 
We remanded this case to the trial court, based on the Supreme Court's recent decision in H.S.P. v. J.K., __ N.J. __ (2015), and we provided guidance for the trial court to follow on remand. The trial court had dismissed the application for lack of jurisdiction, because it concerned an immigrant who was over the age of eighteen. Following H.S.P., we held that in addressing an application filed as a predicate step in seeking special immigrant juvenile (SIJ) status for a person under age twenty-one, Family Part judges must make the required SIJ findings regardless of whether other relief can be granted. We also noted that the Family Court has some sources of jurisdiction over persons between the ages of eighteen and twenty-one, and the trial court's reliance on the definition of "juvenile" set forth in the Code of Juvenile Justice was misplaced. 

10/30/15 STATE