In situations involving Special Immigrant Juvenile Status (SIJS), the paramount concern is always the well-being of the child. A crucial component of determining whether reunification with a parent is appropriate centers on evidence of abandonment and neglect. When these factors come into play, it often becomes clear that such reunification is not a viable option.
Defining Abandonment in California Law
Abandonment is defined under California Family Code § 7822(a)(3), which states that a parent is considered to have abandoned a child if they have left the child in the care of another parent for at least one year without providing support or communicating, indicating an intent to abandon. The law provides further clarification in California Family Code § 7822(b), where it specifies that the failure to support or communicate is presumptive evidence of abandonment. Moreover, California Welfare and Institutions Code § 300(g) defines abandonment as leaving a child without provision or support.
A Case of Abandonment
Consider the scenario of a child who has been under the sole care and custody of their mother since 2009. During this time, the child’s father has failed to provide any meaningful support or communication. Although the father made two token payments—a $1,000 payment in 2018 and a $500 payment in May 2021—these contributions do not negate the fact that he has not offered consistent or adequate support since 2012. Additionally, he has not communicated with the child since January 2019.
This pattern of behavior clearly illustrates abandonment. The father’s absence from the child’s life, coupled with minimal financial support, demonstrates a lack of commitment and responsibility, further evidenced by the lack of ongoing communication.
Understanding Neglect in California Law
Neglect is defined under California Welfare and Institutions Code § 300(b)(1), which states that a child is considered neglected if they have suffered, or there is a substantial risk that they will suffer, serious physical harm or illness due to the failure of a parent or guardian to adequately supervise or protect them. This neglect may also arise from the willful or negligent failure of the parent to provide essential needs such as food, clothing, shelter, or medical treatment.
A Case of Neglect
The father’s behavior in this case exemplifies neglect. Despite having a legal and moral responsibility to provide for the child, he has willfully neglected to ensure the child’s basic needs for food, clothing, shelter, and medical treatment since 2012. With only two token payments made over several years, it is clear that the father has not fulfilled his obligations. Furthermore, there is a substantial risk that the father would be unable to protect the child from dangerous conditions should the child be returned to Guatemala.
Given this lack of provision and the father’s failure to address even the most fundamental needs of the child, the potential for serious harm becomes evident. The father’s ongoing inability to fulfill these responsibilities further underlines the case against reunification.
Conclusion: The Best Interest of the Child
When evaluating the prospect of reunification with a parent in SIJS cases, the presence of abandonment and neglect can illustrate why such a reunification is not suitable. In this scenario, the child has been left without adequate support for years, resulting in an environment where neglect and potential harm are significant concerns.
At Juvenile Visa Law Group, P.C., we specialize in cases involving SIJS, particularly those that encompass abandonment and neglect. Our team is dedicated to advocating for the best interests of the child, ensuring that every decision made prioritizes their safety and well-being.
If you are dealing with a situation involving abandonment or neglect in an SIJS case, we encourage you to seek professional legal assistance. Our experienced attorneys are here to support you in navigating these complex issues, ensuring that the future of your loved ones remains secure and bright.