State-by-State Age-Out Database
Special Immigrant Juvenile Status (SIJS) is a protection afforded to children who have suffered harm and are unable to be reunited with one or both parents because of it. SIJS is an unusual immigration remedy as it is a hybrid involving the interplay between state and federal laws. The federal statute relies on the state courts to make the best interest and child welfare determinations necessary to qualify for SIJS status.
Federal law/filing the petition seeking SIJS status with USCIS. Under federal law, a child is an unmarried person under 21 years of age. A petition seeking classification as a special immigrant juvenile must be filed with USCIS before the child’s 21st birthday.
State law/jurisdiction to obtain a predicate order. The SIJS process begins by obtaining a state dependency order, called a “juvenile court order” in the 2022 regulations, but generally referred to as a predicate order, issued by a juvenile court. A juvenile court is any state court with jurisdiction to make determinations about the dependency and/or the custody and care of children. These courts are state-specific but can include, for example, dependency, guardianship, custody, divorce, delinquency and probate courts.
Dependency proceedings take place in the state where the child resides. Jurisdiction of the juvenile court is established by determining who is considered a child in that state. A person who because of age is no longer subject to the jurisdiction of the juvenile court is said to have aged out of the system. A child who has aged-out can no longer seek a predicate order and thus is precluded from obtaining SIJS status.
Age-Out database. This database is a quick reference tool designed to be used as a starting point to determine whether a juvenile court has jurisdiction over a child in a dependency proceeding. Ages vary from state to state. And within a state there may be different ages and requirements generally and specifically as applied to cases seeking an SIJS predicate order.
It is essential to consult the information under the state tab and not rely on the map alone.
States with SIJS provisions. Recognizing that immigrant children need both protection from state courts and lawful status in the United States, some states have extended the jurisdictional age to 21 for cases seeking SIJS findings. Citations to these laws are under the state tabs.
Statutes referencing SIJS vary in what they provide. Some, like Illinois, mandate detailed findings of fact and law that track federal SIJS requirements and provide rules for evidence, describe who can be a guardian, and allow for other findings and protections. Other states, like Hawaii, extend jurisdiction to 21 but do not provide as much detail and direction to the court.
Timing of abuse. In some states it is possible to file for dependency before the child is 21, but the abuse or abandonment or neglect (or more than one harm) must have occurred before the child was 18. Even if the abuse is ongoing, most youth will have experienced the harm before age 18 so this requirement is not indicated on the map but appears under the state tab. These states show on the map as having jurisdiction before 21.
Extension of jurisdiction. In Florida and Virginia, if the predicate order is pending before the child turns 18, jurisdiction is extended – in Florida before 22 and in Virginia before 21.
Other states have general provisions for the possible extension of a dependency order without any reference to SIJS. Those states appear on the map as having jurisdiction before 18.
Foster care. The age at which children in foster care lose eligibility for a dependency proceeding is often different than that of private actions. This database does not include age-out data for children in foster care or otherwise in care of the state.
Choice of court and cause of action. A predicate order can be issued by any court having jurisdiction under state law to make judicial determinations about dependency or custody and the care of juveniles. The types of proceedings and courts with jurisdiction in a state are beyond the scope of this database.
Changes to state law. This database is not a substitute for research. It offers a starting place for further inquiry as to all states. Changes to state laws incorporating SIJS provisions are becoming more frequent as advocates press for legislation. These laws may change the jurisdictional age. This database was last updated in August 2023.
The goal of the Predicate Order Resource Center and the Predicate Order Age-Out Database is to provide general information and a starting point for research and further investigation. It is not a substitute for independent research or obtaining legal advice from an attorney.
This database only concerns state age-out laws. It does not cover any other requirements or procedures necessary to qualify for or to apply for SIJS.
Predicate order must be issued before 19.
AL Code § 26-1-1 (2022) (age of majority)
AL Code § 26-2A-20 (2022) (minor)
Predicate order must be issued before 18.
Alaska Stat. § 13.06.050(31) (2022) (child)
Alaska Stat. § 25.20.010 (2022) (age of majority)
Predicate order must be issued before 18.
Ariz. Rev. Stat. § 1-215(6) (2022) (child)
Ariz. Rev. Stat. § 1-215(21) (2022) (minor)
Predicate order must be issued before 18. Ark. Code Ann. § 9-25-101(a) (2022) (age of majority)
Special Immigrant Juvenile Findings. Cal. Civ. Pro Code § 155 (2022)
Predicate order must be issued before 21. Cal. Prob. Code § 1510.1 (2022)
CA Courts Judicial Branch Special Immigrant Juvenile Status
Seeking Special Immigrant Juvenile Findings Through California Courts
CLINIC/ImmDef Saul H Practice Advisory
California Appellate Law on Special Immigrant Juvenile Status
Predicate order must be issued before 21. Colo. Rev. Stat. § 15-14-204(2.5)(a) (2022)
Special Immigrant Juvenile Findings. Colo. Rev. Stat. § 15-14-204(2.5) (2022)
Introductory Training: Representing Unaccompanied Children in Removal Proceedings (2018)
Designation of a minor as having a Special Immigrant Juvenile Status during petition to terminate parental rights or approve adoption. Conn. Gen. Stat. § 45a-608n(d) (2022)
Predicate order must be issued before 21. Minor must be dependent on a competent caregiver and consent to the appointment or continuation of guardianship after age 18. Conn. Gen. Stat. § 45a-608n(d) (2022)
Predicate order must be issued before 18. Del. Code Ann. tit. 13 § 2302(4) (2022) (child)
Predicate orders issued before a child turns 18 continue to be brought under existing family law. There is no separate family law provision for making SIJS special findings for predicate orders issued before a child turns 18.
Beginning September 1, 2023, youth 18-21 can apply for guardianship as a “vulnerable youth” under the Vulnerable Youth Guardianship Protection Amendment Act of 2023, A “vulnerable youth” is an unmarried noncitizen up to 21 years old. The law specifically provides for Special Immigrant Juvenile Findings.
The law is not final. Procedurally, the path to a final bill in DC is unique. Before the bill can become law it must be presented to Congress.
Here Emergency bill (B25-0385) goes into effect on September 1st, 2023 and is valid for 90 days. The Temporary bill (B25-0386) requires additional council action. The bill is then sent to the Mayor after which it is sent to Congress where it must pend for 30 days. If there is no resolution against it, the bill will become law.
The progress of the law can be tracked using these links.
- Emergency bill (B25-0385) https://lims.dccouncil.gov/Legislation/B25-0385
- Temporary bill (B25-0386) https://lims.dccouncil.gov/Legislation/B25-0386
- Permanent legislation (B25-0044) https://lims.dccouncil.gov/Legislation/B25-0044
Citizenship or residency status of immigrant children who are dependents. Fla. Code Ann. § 39.5075 (2022),
Fla. Code Ann. § 39.013(2)(d) (2022)
The petition and application for a predicate order must be filed by 18. When this is so, jurisdiction can continue until 22 in a proceeding seeking SIJS findings.
(6) If a petition and application have been filed and the petition and application have not been granted by the time the child reaches 18 years of age, the court may retain jurisdiction over the dependency case solely for the purpose of allowing the continued consideration of the petition and application by federal authorities. Review hearings for the child shall be set solely for the purpose of determining the status of the petition and application. The court’s jurisdiction terminates upon the final decision of the federal authorities. Retention of jurisdiction in this instance does not affect the services available to a young adult under s. 409.1451. The court may not retain jurisdiction of the case after the immigrant child’s 22nd birthday. Fla. Code Ann. § 39.5075(6) (2022)
Predicate order must be issued before 18. GA. Code Ann. § 19-7-5(b)(4) (2022) (child)
Predicate order must be issued before 21. Haw. Rev. Stat. § 571-11(11) (2022)
Statute provides for SIJS special findings. Child must be abused, neglected, or abandoned before the age of 18 years.
Predicate order must be issued before 18. Idaho Code Ann. § 16-1602(10) (2022)
Predicate order must be issued before 21. 755 ILCS 5/11-5.5 (2022)
Illinois has robust laws concerning SIJS special findings which are consistent across the various statutes involving children which govern the six proceedings in which a predicate order may be sought. These statutes are cited in SIJS: Illinois Laws Relating To Special Immigrant Juvenile Status (2022), prepared by the National Immigrant Justice Center (NIJC).
This citation is to the Probate Act. 755 ILCS 5/11-5.5 (2022). The same language is found in the other five statutes.
NIJC has invaluable resources discussing SIJS in Illinois law.
Predicate order must be issued before 18. Ind. Code. § 29-1-1-3(22) (2022) (minor)
Guardianship terminates at 18. Ind. Code. § 29-3-12-1(a)(1) (2022). However, under Ind. Code. § 29-3-12-7 (2022), it can be extended to 22 upon joint motion by a protected person who is at least seventeen (17) years of age and the guardian of the protected person petitioning the court to extend the duration of the guardianship beyond the date on which the protected person attains eighteen (18) years of age to the earlier of the following:
- A termination date, if any, set forth in the petition.
- The date the protected person attains twenty-two (22) years of age.
In re Guardianship of Xitumul, 137 N.E.3d 945 (Ind. Ct. App. 2019) (must make SIJS findings). In re Bonilla, 127 N.E.3d 1181 (Ind. Ct. App. 2019) (must make SIJS findings). In re Avila Luis, 114 N.E.3d 855 (Ind. Ct. App. 2018) (must consider SIJS factors and make findings).
Predicate order must be issued before 18. Iowa Code § 232.2(5) (2023) (child).
The Iowa Minor Guardianship Proceeding Act defines a minor as an unmarried and unemancipated person under the age of eighteen years. Iowa Code § 232D.102(9) (2023).
Predicate order must be issued before 18. Kan. Stat. Ann. § 38-101 (2022)
Predicate order must be issued before 18. Ky. Rev. Stat. Ann. § 2.015 (2022).
Predicate order must be issued before age 18.
La. Chil. Code Art. § 116(3) (child)
La. Civ. Code Art. § 29 (age of majority)
Predicate order must be issued before 21. Me. Rev. Stat. 22 § 4099-I(1)(B) (2022)
SIJS special findings are available to at-risk noncitizen children. Me. Rev. Stat. 22 § 4099-I(2) (2022)
An “at-risk noncitizen child” is defined at Me. Rev. Stat. 22 § 4099-I(1)(A) (2022).
A predicate order case requires expedited adjudication. Me. Rev. Stat. 22 § 4099-I(4) (2022)
The predicate order must be issued before 21 with a proviso that the abuse must have occurred before 18.
Md. Code Fam. Law § 1-201(a) (2022)
Md. Code Fam. Law § 1-201(b)(10) (2022)
An equity court has jurisdiction over custody/guardianship proceedings of an immigrant child seeking SIJS special findings. Md. Code Fam. Law § 1-201(b)(10) (2022)
Custody, Guardianship, and Obtaining Special Immigrant Juvenile Status
Predicate order must be issued before 21. Mass. Gen. Laws Ch. 119 § 39m(a) (2022).
The statute provides for SIJS special findings and related relief. Mass. Gen. Laws Ch. 119 § 39m(b) (2022).
Predicate order must be issued before 18. Mich. Comp. Laws § 722.1(a) (2022) (minor)
Predicate order must be issued before 21 for an “at-risk juvenile.” An “at-risk juvenile” is an unmarried youth between the ages of 18 and 21 who is potentially eligible for SIJS. Minn. Stat. § 257D.01, subdivision 4 (2022).
SIJS special findings are specifically provided for at-risk juveniles in guardianship proceedings. Minn. Stat. § 257D.08 (2022)
Abandonment must have occurred at least six months prior to 18 or the death of a parent. Minn. Stat. § 257D.01, subdivision 2 (2022). Neglect must have occurred before 18. Minn. Stat. § 257D.01, subdivision 8 (2022).
Minnesota Judicial Branch Forms Packet for Guardianship for At-Risk Juveniles
Predicate order must be issued before 21. Miss. Code Ann. § 1-3-27 (2020) (minor)
Predicate order must be issued before 18. Mo. Rev. Stat. § 453.015(1) (2022) (minor/child)
Predicate order must be issued before 18. Mont. Code Ann. § 41-1-101 (2021) (minor)
Predicate order must be issued before 19. Neb. Rev. Stat. § 43-2101(1) (2021) (minor)
Provisions for making SIJS special findings. Neb. Rev. Stat. § 43-1238(b) (2021)
Practice Advisory: Seeking Predicate Findings in Nebraska for Special Immigrant Juveniles
Predicate order must be issued before 21. Nev. Rev. Stat. § 3.2203(8)(c) (2022)
Provisions for making SIJS special findings. Nev. Rev. Stat. § 3.2203 (2022)
Predicate order must be issued before 18.
N.H. Rev. Stat. Ann. § 461-B:1(I) (2021) (minor)
N.H. Rev. Stat. Ann. § 21-B:1 (2021) (age of majority)
HB 455-FN, which provides for SIJS special findings, introduced in the 2023 session of the New Hampshire legislature, was retained in committee. Advocates should monitor this bill.
Predicate order must be issued before 21. For children over 18, proof that the child is not emancipated but remains financially dependent and otherwise within the “parental sphere of influence” is required.
W.A.O. v. Cuccinelli, (D.N.J. 2019) (the Family Part has jurisdiction to find that a juvenile between 18-21 is dependent on the court and/or to place that juvenile in the custody or care of a responsible adult or agency. The Family Part must make findings that the child remains dependent, including but not limited to, whether the child is still in school, remains emotionally and financially dependent on the caretaker, and/or remains “within the parental ‘sphere of influence and responsibility’).
A.E.C. v. P.S.C. (In re J.S.E.), 453 N.J. Super. 19, 21 (N.J. Super. 2018) (the court held that in the factual circumstances presented there, pursuant to N.J.S.A. 9:17B–3, the Family Part had jurisdiction to grant a parent custody of an unemancipated child who is over 18, but under 21, and to issue a declaratory ruling that the child is dependent on the parent and is not emancipated). (citing O.Y. P.C. v. J.C.P., 442 N.J. Super. 635 (N.J. Super. 2015)).
H.S.P. v. J.K., 223 N.J. 196 (N.J. 2015) (the Family Part’s responsibility is to make separate findings on each statutory requirement including reunification with each parent and the best interests determination and not to usurp the issue of immigration status).
Y.G.P. v. A.H.R., No. A-4357-15T1 (N.J. Super. July 21, 2017) (citing H.S.P. v. J.K.) (the court recited the trial court’s duty to make specific SIJS filings and that the state court is not competent to decide whether the child is eligible for SIJS status under federal law).
On April 5, 2023, the governor signed HB15 into law, which will be codified in Chapter 40 NMSA 1978. This legislation provides for age-out by 21 and contains robust provisions for SIJS special findings.
Predicate order must be issued before 21.
Predicate order must be issued before 21. The Family Court makes determinations for minors up until 21, including in guardianship proceedings. N.Y. Fam. Ct. Act § 661(a) (2022)
“Abuse” must have occurred before age 18. N.Y. Fam. Ct. Act § 1012(e) (2022)
The Family Court must issue SIJS special findings when requested to do so. Pineda v. Diaz, 127 A.D.3d 1203, 9 N.Y.S.3d 93 (2d Dept. 2015)
NY Family Court SIJS Special Findings Order Form
Safe Passage Project Special Immigrant Juvenile Status Manual 2021
Memos of the Advisory Council on Immigration Issues in Family Court
Predicate order must be issued before 18. N.C. Gen. Stat. § 48A-2 (2022) (minor)
Special Immigrant Juvenile Status & the Family Court Process (2018)
Predicate order must be issued before 18. N.D. Cent. Code § 14-10-01 (2021) (minor/child)
Research Guide to Establishing Guardianship of a Minor Child (2019)
Predicate order must be issued before 18. Ohio Rev. Code Ann. § 2151.011(6) (2022) (child)
A child adjudicated as an “unruly child” prior to 18 is deemed a child until 21. Ohio Rev. Code Ann. § 2151.011(6) (2022). An “unruly child” is defined at Ohio Rev. Code Ann. § 2151.022 (2022).
Predicate order must be issued before 18. Okla. Stat. tit. 30, § 30-1-111(A)(19) (2022) (minor)
Predicate order must be issued before 21 in the case of “vulnerable youths.” A “vulnerable youth” is an individual between the ages of 18 and 21, who is eligible for classification under 8 U.S.C. 1101(a)(27)(J), and cannot be reunified with one or more of the person’s parents due to abuse, neglect, or abandonment, that occurred when the person was a minor. ORS § 125.005 (12) (2021).
Predicate order must be issued before 18. 23 Pa. Cons. Stat. §5402 (2022)
Predicate order must be issued before 18.
R.I. Gen. Laws § 14-1-3(3) (2022) (child)
R.I. Gen. Laws § 15-12-1(a) (2022) (age of majority)
In 2021, a bill was introduced which would provide the family court with jurisdiction to grant orders for SIJS special findings for youth up to 21. The bill failed to pass. Advocates are continuing to advance this legislation, so legislative proposals must be monitored.
Predicate order must be issued before 18. S.C. Code Ann. § 63-1-40 (2022) (child)
Predicate order must be issued before 18.
S.D. Codified Laws § 26-5B-102(2) (2022) (child)
S.D. Codified Laws § 26-1-1 (2022) (age of minority)
A guardianship or conservatorship of a minor shall terminate at 18, however the court may elect to continue a guardianship until the minor’s attainment of age 21 if the guardian was appointed pursuant to the provisions of chapters 26-7A (juvenile court), 26-8A (protection of children from abuse or neglect), 26-8B (children in need of supervision), and 26-8C (delinquent children). S.D. Codified Laws § 29A-5-505 (2020)
Predicate order must be issued before 18.
Tenn. Code Ann. § 37-1-102(b)(5)(A) (2021) (child)
Tenn. Code Ann. § 1-3-105(a)(1) (2021) (age of majority)
Predicate order must be issued before 18.
Tex. Fam. Code Ann. § 101.003(a) (2021) (child/minor)
Tex. Civ. Prac. & Rem. Code Ann. §129.001 (2021) (age of majority)
Children’s Immigration Law Academy/ABA has a robust library of resources and webinars about SIJS and predicate orders in Texas.
Predicate order must be issued before 18. Utah Code Ann. § 80-1-102(7) (2022) (child)
Predicate order must be issued before 21. 14 V.S.A. § 3098(a)(1) (2022) (child)
Provisions for jurisdiction, adjudication, and other issues related to SIJS predicate orders for “Vulnerable Noncitizen Children” are contained at 14 V.S.A. § 3098 (2022).
When a court has obtained jurisdiction over the case of a child under 18, the court may continue to exercise its jurisdiction until the child reaches 21, for the purpose of entering findings of fact or amending past orders to include findings of fact necessary to support an SIJS petition. Va. Code Ann. §16.1-241(A1) (2022)
Predicate order must be issued before 21. Wash. Rev. Code § 13.90.900 (2022)
The law provides for SIJS special findings. Wash. Rev. Code § 13.90.900 (2022)
Predicate order must be issued before 18. W. Va. Code § 2-2-10(a)(7) (2022) (minor)
Predicate order must be issued before 18.
Wis. Stat. § 48.02(2) (2022) (child)
Wis. Stat. § 54.01(20) (2022) (minor)
Predicate order must be issued before 18.
Wyo. Stat. Ann. § 14-1-101(a) (2022) (age of majority)
Wyo. Stat. Ann. § 3-1-101(xvi) (2022) (definition of a minor)