In Re Henrry P. B.-P.
In Re Henrry P. B.-P.
Opinion
**315
*930
In this certified appeal, we consider whether the Probate Court retains the statutory authority to make findings pursuant to General Statutes § 45a-608n (b)
1
in connection with a petition for special immigrant juvenile status (juvenile status) under
The record and the opinion of the Appellate Court set forth the relevant facts and procedural history. "[The petitioner] and her two ... children, Henrry and [his sister], are from Honduras. After her husband and father-in-law were brutally murdered by the same group of individuals, [the petitioner] fled Honduras, seeking safety in the United States and leaving her two minor children behind with their paternal grandmother because they were too young to make the treacherous journey into the [United States]. As the children grew into adolescents, the threats against them began to escalate as well .... Eventually, fearing for their lives, [Henrry and his sister], unbeknownst to relatives, **317 decided to embark on their own journey into the United States to find their mother and seek refuge....
"Upon entering the United States in 2015, Henrry and [his sister] were detained by Immigration Customs and Border Patrol and then ultimately released to [the petitioner] in Connecticut. They were seventeen and sixteen years old at that time. Since arriving in Connecticut, both minors have resided with [the petitioner] and the proposed coguardian in this case, [Santos O. R.], and have been enrolled in ... high school, where Henrry recently completed tenth grade.... Both [the petitioner] and [Santos] work full-time to support the needs of Henrry and his [sister]....
"On March 1, 2016, approximately five weeks prior to Henrry's eighteenth birthday, [the petitioner], through counsel, initiated the underlying [action in the Probate Court]. On that date, she filed a petition for removal of guardian, to remove her minor children's father as guardian and affirm herself as guardian, and additionally seeking the appointment of [Santos] as] coguardian.... On that date, she also filed a petition for [juvenile status findings] pursuant to § 45a-608n, to be used in connection with an application to the United States Citizenship and Immigration Services [Immigration Services].... Finally, on that date, [the petitioner] filed a motion for waiver of study by the Department of Children and Families [department] for Henrry, notifying the Probate Court that Henrry would be turning eighteen in approximately five weeks, and that time was of the essence." (Internal quotation marks omitted.)
" 'On March 23, 2016, the Probate Court issued its first order of notice of hearing in this case indicating that the matter was being set down for a hearing with "no appearance necessary" by the parties on April 22, 2016, a date after Henrry's eighteenth birthday....
**318 The Probate Court also [sent notice to] a [department] social work supervisor, ordering [the department] to complete a study for both minors on the petition for removal, and impliedly denying [the petitioner's] motion for the waiver of study by [the department] for Henrry....
*932 " 'On April 1, 2016, with Henrry's eighteenth birthday closely approaching, with no [department] study and no hearing date, [the petitioner] filed an emergency petition for findings under § 45a-608n.... In her motion, [the petitioner] requested that the court make findings in connection with her petition for [juvenile status] findings, or, in the alternative, hold an emergency hearing before Henrry's eighteenth birthday, in order to do so.... The attorney for the child, appointed by the Probate Court, Attorney Frank Twohill, having received a copy of the [e]mergency [p]etition, visited with the child and wrote a letter to the court indicating both his support for the [emergency petition], and his availability for an evidentiary hearing ... should the court choose to hold one....
" 'On April 1, 2016, the Probate Court ... denied the emergency petition in a brief written order, indicating [as follows]: "The [e]mergency [p]etition for [f]indings under [§] 45a-608n, dated April 1, 2016, is hereby [denied] by the court. Pursuant to [§] 45a-608n (b), the granting of a petition to remove is a prerequisite to making the requested written findings." ... Henrry subsequently turned eighteen a few days later, before any hearing was ever held in the Probate Court.
" 'On April 22, 2016, [the petitioner] and Henrry ... jointly filed an appeal to the Superior Court ... pursuant to [ General Statutes § 45a-186 (a) ] and Practice Book § 10-76 (a), appealing both the March 23, 2016 order, setting a "no appearance" hearing after Henrry's eighteenth birthday and impliedly denying [the petitioner's]
**319 motion for waiver of the study by [the department], and the April 1, 2016 order, denying the emergency petition for findings under [§] 45a-608n.... The [Superior] Court set the matter down for a hearing on May 19, 2016, and another attorney was appointed for Henrry as attorney for the minor child....
" 'On May 19, 2016, the [Superior] Court ... dismissed the appeal from Probate Court on the record, without holding an evidentiary hearing, stating that the [Superior] Court lacked jurisdiction over the appeal, because Henrry was now eighteen years old.... [The petitioner] and Henrry filed [their first appeal] with [the Appellate Court] on June 2, 2016....
" 'On May 31, 2016 ... approximately eight weeks after Henrry's eighteenth birthday, [the department] completed its social study on both Henrry and his sister ... and provided its report to the Probate Court. In its report, [the department] indicated its support for the pending petitions, asking that the court grant the petition to remove the father as guardian, to affirm [the petitioner] as guardian, and to appoint [Santos] as coguardian of Henrry and his [sister]....
" 'On June 3, 2016, the Probate Court issued another order for notice of hearing, this time scheduling an actual hearing date for the underlying petitions for July 19, 2016, but the hearing was set down for [Henrry's sister] ... and not for Henrry.... On June 22, 2016, [the petitioner] filed a motion to schedule hearing or for a dispositive order in Henrry's case.... The Probate Court responded to the motion by scheduling a hearing on the underlying petitions for Henrry on July 19, 2016, along with that of his younger sister ....
" 'On July 19, 2016, the Probate Court held a full hearing for both Henrry and his sister, first entertaining legal argument from counsel on the jurisdictional issue regarding Henrry's case, [given] that he [was] eighteen, **320 and then taking testimony on the substantive issues from all the interested parties. The matter was then taken under advisement ....'
"On August 30, 2016, the Probate Court mailed its decision affirming the petitioner
*933
as sole guardian, but denying her petition for removal of the father as guardian and the appointment of Santos ... as coguardian of Henrry because Henrry was eighteen years old and no longer a minor child. It declined to make the requested juvenile status findings, also because Henrry was age eighteen and no longer a minor child. On September 26, 2016, the petitioner and Henrry filed a second appeal to the Superior Court ... from the Probate Court's August 30, 2016 decision, and on November 1, 2016, that appeal was dismissed. On November 4, 2016, the petitioner and Henrry [filed a second appeal to the Appellate Court]."
In considering whether the Probate Court had the authority to grant the relief sought by the petitioner and Henrry, the Appellate Court reviewed numerous provisions in "chapter 802h of the General Statutes, which pertains to protected persons, including minors or minor children."
5
Following two decisions from this court construing General Statutes § 46b-129 ; see
In re Jose B.
,
*935
**323
On appeal, the petitioner and Henrry claim, inter alia, that the Appellate Court improperly determined that it was bound by our decisions in
In re Jose B.
, supra, 303 Conn. at 582,
**324
In considering whether the Probate Court had the statutory authority to make juvenile status findings pursuant to § 45a-608n after Henrry reached the age of majority during the pendency of the proceedings, we are mindful that the "Probate Court is a court of limited jurisdiction prescribed by statute, and it may exercise only such powers as are necessary to the performance of its duties. ... As a court of limited jurisdiction, it may act only when the facts and circumstances exist upon which the legislature has conditioned its exercise of power.... Such a court is without jurisdiction to act unless it does so under the precise circumstances and in the manner particularly prescribed by the enabling legislation." (Citations omitted; internal quotation marks omitted.)
Heussner
v.
Hayes
,
*936
"When construing a statute, [o]ur fundamental objective is to ascertain and give effect to the apparent intent
**325
of the legislature.... In other words, we seek to determine, in a reasoned manner, the meaning of the statutory language as applied to the facts of [the] case, including the question of whether the language actually does apply.... In seeking to determine that meaning, General Statutes § 1-2z directs us first to consider the text of the statute itself and its relationship to other statutes. If, after examining such text and considering such relationship, the meaning of such text is plain and unambiguous and does not yield absurd or unworkable results, extratextual evidence of the meaning of the statute shall not be considered.... When a statute is not plain and unambiguous, we also look for interpretive guidance to the legislative history and circumstances surrounding its enactment, to the legislative policy it was designed to implement, and to its relationship to existing legislation and common law principles governing the same general subject matter .... The test to determine ambiguity is whether the statute, when read in context, is susceptible to more than one reasonable interpretation." (Internal quotation marks omitted.)
Gonzalez
v.
O & G Industries, Inc.
,
We begin with the language of § 45a-608n (b), which provides: "
At any time during the pendency of a petition to remove a parent or other person as guardian under section 45a-609 or 45a-610, or to appoint a guardian or coguardian under section 45a-616, a party may file a petition requesting the Probate Court to make findings under this section to be used in connection with a petition to ... Immigration Services for designation of the minor child as having special immigrant juvenile status under
[
As the Appellate Court observed, the text of § 45a-608n (b) seemingly applies only to persons under the age of eighteen, insofar as it speaks to various court actions, such as the removal or appointment of guardians, or termination of parental
*937
rights, with respect to the "minor child," a term specifically defined by General Statutes § 45a-604 (4) to mean "a person under the age of eighteen ...." See
In re Henrry P. B.-P.
,
There is, however, another reading of the statute that is at least equally as reasonable; we, therefore, resort to extratextual sources to aid our construction of § 45a-608n (b). First, the petition for juvenile status findings may be filed "at any time during the pendency of a petition to remove a parent or other person as guardian" under General Statutes §§ 45a-609 or 45a-610, or during the pendency of a petition "to appoint a guardian or coguardian" under General Statutes § 45a-616. General Statutes § 45a-608n (b). The statute is similarly flexible with respect to the timing of the hearing on the juvenile status petition, insofar as it need not be held at the same time as the underlying petition. See General Statutes § 45a-608n (b) ( "such hearing may be held at the same time as the hearing on the underlying petition for removal or appointment" [emphasis added] ). Finally, the statute reasonably may be read merely to require the Probate Court to make the written findings with respect to juvenile status upon the grant of the underlying guardianship petitions, but not limit its authority to make such findings to cases involving such grants, insofar as there is no language expressly conditioning the Probate Court's authority to make juvenile status findings on the grant of the underlying petition.
Indeed, reading § 45a-680n to add such restrictive language would run afoul of the well established maxim that, "[a]s a general matter, this court does not read language into a statute.... [W]e are bound to interpret legislative intent by referring to what the legislative text contains, not by what it might have contained."
**328
Citation omitted; internal quotation marks omitted.)
State
v.
George J.
,
Authorizing the Probate Court to make juvenile status findings with respect to a
*938
minor child who has turned eighteen years old during the pendency of the petition is entirely consistent with the overarching purpose of § 45a-608n (b), which is to facilitate our state courts' responsibilities with respect to juvenile status petitions brought to Immigration Services under
"The [f]ederal statute requires a juvenile court to make special findings before an immigrant youth can apply for [juvenile status] and lawful permanent residence.... The [s]tate and [f]ederal proceedings are distinct from each other. The process for obtaining [juvenile status] is a unique hybrid procedure that directs the collaboration of state and federal systems.... Pursuant to
**330
12
(Citations omitted; footnote omitted; internal quotation marks omitted.)
Significantly, although the federal implementing regulation,
Although the federal age cap for juvenile status, namely, twenty-one years old, is greater than our state's relevant operative statutory definition of a minor child, namely, a person younger than eighteen years old; see General Statutes § 45a-604 (4) ; the legislative history of § 45a-608n further counsels in favor of a broader reading of that statute with respect to those persons eligible to obtain the predicate state court findings necessary
**331
to render available the federal immigration benefits of juvenile status. The legislature enacted § 45a-608n in Number 14-104, § 8, of the 2014 Public Acts.
13
Although floor debate about this provision was virtually nonexistent, our review of the testimony submitted to the Joint Standing Committee on the Judiciary in support of the bill ultimately enacted as § 45a-608n indicates that the legislature intended to address discrepancies in the state statutory scheme that were frustrating the availability of the federal immigration benefit. See, e.g.,
Butts
v.
Bysiewicz
,
Reading together the relevant statutory provisions, namely, § 46b-129 (a), and the definitions of "[c]hild" or "[y]outh" in General Statutes (Rev. to 2009) § 46b-120 (1) and (2), and "neglected" or "uncared for" in General Statutes (Rev. to 2009) § 46b-120 (9) and (10),
16
we concluded that "it is clear that the legislature intended that the
*941
trial court would have statutory
**334
authority to adjudicate a person neglected or uncared-for only if the person is a child or youth, i.e., the person is under the age of eighteen years. There is no indication in the statutory scheme that the legislature contemplated that, as long as the petition was filed before the subject of the petition reached his eighteenth birthday, the trial court could render a 'retroactive' adjudication after that date. As the [2009] revision of § 46b-120 (1) indicates, when the legislature intends that a person will be considered a child for certain purposes after the person has reached the age of eighteen years, it knows how to make that intention clear. See General Statutes [Rev. to 2009] § 46b-120 (1) (defining " '[c]hild' " differently for different circumstances). Accordingly ... the trial court lacked statutory authority to adjudicate the petitioner neglected or uncared-for after his eighteenth birthday. It necessarily follows that the trial court lacked statutory authority to provide the petitioner with dispositional relief pursuant to § 46b-129 (j)...." (Footnote omitted.)
In re Jose B.
, supra, 303 Conn. at 581-82,
Similarly, in
In re Jessica M.
, supra, 303 Conn. at 588,
We agree with the petitioner and Henrry that
In re Jose B.
and
In re Jessica M.
are not controlling in the present appeal. We acknowledge that this court observed in
In re Jose B
. that the legislature can use a more expansive definition of the term "child" to broaden the court's statutory authority in certain areas;
In re Jose B.
, supra, 303 Conn. at 581,
In this opinion the other justices concurred.
General Statutes § 45a-608n (b) provides: "At any time during the pendency of a petition to remove a parent or other person as guardian under section 45a-609 or 45a-610, or to appoint a guardian or coguardian under section 45a-616, a party may file a petition requesting the Probate Court to make findings under this section to be used in connection with a petition to the United States Citizenship and Immigration Services for designation of the minor child as having special immigrant juvenile status under [
Title 8 of the United States Code, § 1101 (a) (27), provides in relevant part as follows: "The term 'special immigrant' means ...
"(J) an immigrant who is present in the United States-
"(i) who has been declared dependent on a juvenile court located in the United States or whom such a court has legally committed to, or placed under the custody of, an agency or department of a State, or an individual or entity appointed by a State or juvenile court located in the United States, and whose reunification with 1 or both of the immigrant's parents is not viable due to abuse, neglect, abandonment, or a similar basis found under State law;
"(ii) for whom it has been determined in administrative or judicial proceedings that it would not be in the alien's best interest to be returned to the alien's or parent's previous country of nationality or country of last habitual residence; and
"(iii) in whose case the Secretary of Homeland Security consents to the grant of special immigrant juvenile status, except that-
"(I) no juvenile court has jurisdiction to determine the custody status or placement of an alien in the custody of the Secretary of Health and Human Services unless the Secretary of Health and Human Services specifically consents to such jurisdiction; and
"(II) no natural parent or prior adoptive parent of any alien provided special immigrant status under this subparagraph shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter...."
We granted the petition for certification to appeal from the judgment of the Appellate Court, limited to the following issue: "Did the Appellate Court properly affirm the Superior Court's dismissal of the petitioners' appeals on April 22, 2016, and September 26, 2016, from the Probate Court orders?"
In re Henrry P. B.-P.
,
The Appellate Court clarified that the "consolidated appeal challenges first the interlocutory orders ... and then the final orders ... of the Probate Court. The appeal in AC 39276 challenges the denial of a hearing on [the petitioner's] petitions in Probate Court before Henrry turned eighteen, and the [Superior] Court's May 19, 2016 dismissal of the ... appeal from [the Probate Court] .... The appeal in AC 39787 challenges the Probate Court's final orders denying [the petitioner's] petitions because Henrry had turned eighteen, which were appealed to the [Superior] Court ... and dismissed on November 1, 2016." (Internal quotation marks omitted.)
In re Henrry P. B.-P.
, supra,
In particular, the Appellate Court observed as follows: "Pursuant to General Statutes § 45a-604 (4), 'minor' or 'minor child' means a person under the age of eighteen. Pursuant to ... § 45a-604 (5), 'guardianship' means guardianship of the person of a minor. Pursuant to General Statutes § 45a-606, the biological father and mother are joint guardians of the person of the minor, and the powers, rights, and duties of the father and the mother in regard to the minor are equal. If either the father or the mother dies or is removed as guardian, the other parent becomes the sole guardian of the person of the minor child."
In re Henrry P. B.-P.
, supra,
With respect to coguardianship, the Appellate Court discussed General Statutes § 45a-616. See
Section 45a-616 (b) refers to the standards set forth in General Statutes § 45a-617, which provides: "When appointing a guardian, coguardians or permanent guardian of the person of a minor, the court shall take into consideration the following factors: (1) The ability of the prospective guardian, coguardians or permanent guardian to meet, on a continuing day to day basis, the physical, emotional, moral and educational needs of the minor; (2) the minor's wishes, if he or she is over the age of twelve or is of sufficient maturity and capable of forming an intelligent preference; (3) the existence or nonexistence of an established relationship between the minor and the prospective guardian, coguardians or permanent guardian; and (4) the best interests of the child. There shall be a rebuttable presumption that appointment of a grandparent or other relative related by blood or marriage as a guardian, coguardian or permanent guardian is in the best interests of the minor child."
The Appellate Court also addressed the delay in scheduling proceedings pursuant to General Statutes § 45a-609, which requires that a hearing on an application to remove a parent or parents as guardian to be held within thirty days of the application, or receipt of the report of the department's investigation if ordered by the court pursuant to General Statutes § 45a-619. See
In re Henrry P. B.-P.
, supra,
Judge Lavine issued a thoughtful and comprehensive opinion dissenting from the judgment of the Appellate Court, ultimately concluding that, "[b]y failing to hold an expedited hearing and timely rule on the petition seeking the removal of Henrry's guardian and appointment of a coguardian, and the petition for special immigrant juvenile findings, as it was permitted to do by statute and its own rules, the Probate Court itself frustrated and undermined the legislative intent of this state's special immigrant juvenile status findings statute ... § 45a-608n, leading to the dismissal of the petitions. Moreover, by failing to hold an expedited hearing and to rule on the petitions prior to the day Henrry turned eighteen, I believe that the Probate Court abused its discretion and thus violated the rights of the petitioner ... and Henrry to due process under the fourteenth amendment to the United States constitution and article first, § 10, of the constitution of Connecticut. By failing to invoke its equitable jurisdiction to expedite the proceedings, the Probate Court potentially has caused Henrry and the petitioner irreparable harm by exposing Henrry to possible deportation to his country of nationality where he has been subject to death threats." (Footnote omitted.)
In re Henrry P. B.-P.
, supra,
The petitioner and Henrry also contend that, despite the fact that Henrry had reached the age of majority, the Superior Court retained jurisdiction to determine whether the Probate Court (1) had abused its discretion by not expediting its consideration of the petition, including waiving the investigation by the department pursuant to General Statutes § 45a-619, and (2) violated their rights to due process of law under the federal and state constitutions. They also ask us to utilize our supervisory power over the administration of justice to require the Probate Court and the Superior Court to handle petitions for juvenile status findings expeditiously. Given our conclusion with respect to the Probate Court's continuing authority under § 45a-608n, we need not consider the merits of these other claims. But see footnote 19 of this opinion.
A discussion of the overlapping jurisdiction of the Probate Court and the Superior Court with respect to petitions for juvenile status findings pursuant to § 45a-608n is set forth in footnotes 14 and 15 of this opinion.
We note that § 45a-608n (a) provides: "For the purposes of this section and section 45a-608o, a minor child shall be considered dependent upon the court if the court has (1) removed a parent or other person as guardian of the minor child, (2) appointed a guardian or coguardian for the minor child, (3) terminated the parental rights of a parent of the minor child, or (4) approved the adoption of the minor child."
Section 45a-608n (c) confers authority on the Probate Court and governs the procedure for making juvenile status findings for petitions filed after "the court has previously granted a petition to remove a parent or other person as guardian under section 45a-609 or 45a-610 or to appoint a guardian or coguardian under section 45a-616...."
We note that the history and genealogy of the federal juvenile status statute since its original enactment in 1990 are set forth in greater detail in
Recinos
v.
Escobar
,
"Because of the distinct expertise [s]tate courts possess in the area of child welfare and abuse, Congress has entrusted them with the responsibility to perform a best interest analysis and to make factual determinations about child welfare for purposes of [juvenile status] eligibility. ... Therefore, the special findings a juvenile court makes should be limited to child welfare determinations. Immigration is exclusively a [f]ederal power. ... It is not the juvenile court's role to engage in an immigration analysis or decision. ... Special findings by a [s]tate court that determine that the child meets the eligibility requirements for [juvenile] status are not a final determination. ... It is only the first step in the process to achieve [juvenile] status. ... Once the child obtains the required special findings from a qualifying [s]tate court, the child may file an application with [Immigration Services]." (Citations omitted.)
Recinos
v.
Escobar , supra,
We note that the legislature subsequently made minor technical changes to § 45a-608n (c) in 2015. See Public Acts 2015, No. 15-14, § 11.
In response to a jurisdictional question from Representative Rosa Rebimbas, Judge Knierim testified that the Superior Court has, "like the [Probate Court, been] seeing petitions [like] this and as a court of general jurisdiction, my understanding is that they wouldn't need specific statutory authority to exercise that jurisdiction" because "[t]he framework is available under federal law and because of the broad jurisdiction of [the Superior Court] they are able to make [these] findings." Conn. Joint Standing Committee Hearings, supra, p. 907.
We note that the petitioner and Henrry rely on
In re Matthew F.
,
We discussed the relevant statutes, noting: "Section 46b-129 (a) provides in relevant part that certain enumerated parties having information that a child or youth is neglected, uncared-for or dependent, may file with the Superior Court ... a verified petition plainly stating such facts as bring the child or youth within the jurisdiction of the court as neglected, uncared-for or dependent, within the meaning of section 46b-120 .... General Statutes (Rev. to 2009) § 46b-120 (9), provides in relevant part that a
child or youth
may be found neglected. ... General Statutes (Rev. to 2009) § 46b-120 (10), provides in relevant part that 'a
child or youth
may be found uncared for .... General Statutes (Rev. to 2009) § 46b-120 (1) provides in relevant part: Child means any person under sixteen years of age. ... General Statutes (Rev. to 2009) § 46b-120 (2) provides in relevant part: [Y]outh means any person sixteen or seventeen years of age ...."
In re Jose B.
, supra, 303 Conn. at 580-81,
We note that, in
In re Pedro J.C.
, supra,
We emphasize that our conclusion in this opinion is limited to cases brought when the subject of the petition is under the age of eighteen years, given that § 45a-608n (b) contemplates proceedings with respect to guardianship of a minor. We do not consider in this appeal whether our courts have the authority to afford relief to a petitioner who is eighteen years old or older at the time the petition is filed, notwithstanding the "gap" that this creates with respect to the federal benefit. Cf.
Recinos
v.
Escobar , supra,
We acknowledge, however, that this "gap" created by state laws that restrict access to the courts for the preliminary findings may pose a significant obstacle to the availability of federal juvenile status relief. See
M.B.
v.
Quarantillo
,
Consistent with the suggestion of Judge Lavine in his dissenting opinion; see
In re Henrry P. B.-P.
, supra,
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