Rule 5.130.Request for Special Immigrant Juvenile findings

Division 1. Family Rules · Chapter 6. Request for Court Orders · Article 6. Special Immigrant Juvenile Findings · Last amended 2017 · Last verified September 10, 2026

In one sentenceRule 5.130 governs requests in a family law case for the judicial findings a child needs to petition for Special Immigrant Juvenile classification, and keeps those papers confidential.

Full Text of Rule 5.130

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(a) Application

This rule applies to a request by or on behalf of a minor child who is a party or the child of a party in a proceeding under the Family Code for the judicial findings needed as a basis for filing a federal petition for classification as a Special Immigrant Juvenile (SIJ). This rule also applies to an opposition to such a request, a hearing on such a request or opposition, and judicial findings in response to such a request.

(b) Request for findings

Unless otherwise required by law or this rule, the rules in this chapter governing a request for court orders in family law proceedings also apply to a request for SIJ findings in those proceedings.

(1) Who may file Any person—including the child’s parent, the child if authorized by statute, the child’s guardian ad litem, or an attorney appointed to represent the child—authorized by the Family Code to file a petition, response, request for order, or responsive declaration to a request for order in a proceeding to determine custody of a child may file a request for SIJ findings with respect to that child.

(2) Form of request A request for SIJ findings must be made using Confidential Request for Special Immigrant Juvenile Findings—Family Law (form FL-356). The completed form may be filed in any proceeding under the Family Code in which a party is requesting sole physical custody of the child who is the subject of the requested findings:

(A) At the same time as, or any time after, the petition or response;

(B) At the same time as, or any time after, a Request for Order (form FL-300) or a Responsive Declaration to Request for Order (form FL-320) requesting sole physical custody of the child; or

(C) In an initial action under the Domestic Violence Prevention Act, at the same time as, or any time after, a Request for Domestic Violence Restraining Order (Domestic Violence Prevention) (form DV-100) or Response to Request for Domestic Violence Restraining Order (Domestic Violence Prevention) (form DV-120) requesting sole physical custody of the child.

(3) Separate filing A request on form FL-356 filed at the same time as any of the papers in (A), (B), or (C) must be filed separately from, and not as an attachment to, that paper.

(4) Separate form for each child A separate form FL-356 must be filed for each child for whom SIJ findings are requested.

Notice of a hearing on a request for SIJ findings must be served with a copy of the request and all supporting papers in the appropriate manner specified in rule 5.92(f)(1), (2), or (3), as applicable, on the following persons:

(1) All parties to the underlying family law case;

(2) All alleged, biological, and presumed parents of the child who is the subject of the request; and

(3) Any other person who has physical custody or is likely to claim a right to physical custody of the child who is the subject of the request.

(d) Response to request

Any person entitled under (c) to notice of a request for SIJ findings with respect to a child may file and serve a response to such a request using Confidential Response to Request for Special Immigrant Juvenile Findings (form FL-358).

(e) Hearing on request

To obtain a hearing on a request for SIJ findings, a person must file and serve a Confidential Request for Special Immigrant Juvenile Findings—Family Law (form FL-356) for each child who is the subject of such a request.

(1) A request for SIJ findings and a request for an order of sole physical custody of the same child may be heard and determined together.

(2) The court may consolidate into one hearing separate requests for SIJ findings for more than one sibling or half sibling named in the same family law case or in separate family law cases.

(3) If custody proceedings relating to siblings or half siblings are pending in multiple departments of a single court or in the courts of more than one California county, the departments or courts may communicate about consolidation consistent with the procedures and limits in Family Code section 3410(b)–(e).

(f) Separate findings for each child

The court must make separate SIJ findings with respect to each child for whom a request is made, and the clerk must issue a separate Special Immigrant Juvenile Findings (form FL-357) for each child with respect to whom the court makes SIJ findings.

(g) Confidentiality (Code Civ. Proc., § 155(c))

The forms Confidential Request for Special Immigrant Juvenile Findings—Family Law (form FL-356), Confidential Response to Request for Special Immigrant Juvenile Findings (form FL-358), and Special Immigrant Juvenile Findings (form FL-357) must be kept in a confidential part of the case file or, alternatively, in a separate, confidential file. Any information regarding the child’s immigration status contained in a record related to a request for SIJ findings kept in the public part of the file must be redacted to prevent its inspection by any person not authorized under Code of Civil Procedure section 155(c).

End

Plain-English Summary

Special Immigrant Juvenile classification is a federal status, but the predicate findings come from a state court. This rule sets out how a family court makes them. It covers the request, any opposition, the hearing, and the findings themselves, and otherwise applies the ordinary request-for-order rules.

The list of who may ask is deliberately wide: any person authorized by the Family Code to file a petition, response, request for order, or responsive declaration in a custody proceeding — including the child’s parent, the child where a statute allows, the child’s guardian ad litem, or appointed counsel. The request goes on the confidential SIJ findings form, filed in any Family Code proceeding in which a party is requesting sole physical custody of that child: with or after the petition or response, with or after a request for order or responsive declaration seeking sole physical custody, or with or after a domestic violence restraining order request or response seeking sole physical custody. Two filing mechanics matter — the form is filed separately rather than as an attachment, and a separate form goes in for each child.

Notice runs wider than the caption. The request and supporting papers must be served on all parties to the underlying case, on all alleged, biological, and presumed parents of the child, and on anyone who has physical custody or is likely to claim a right to it. Any person entitled to that notice may respond on the confidential response form.

Hearings can be combined. A request for SIJ findings and a request for sole physical custody of the same child may be heard together, and the court may consolidate requests for siblings or half siblings named in the same or separate cases. Where sibling proceedings are pending in different departments or different counties, those courts may communicate about consolidation within the limits the Family Code sets for interstate custody communications. Findings must still be made separately for each child, with a separate findings form issued for each.

Confidentiality is structural. The request, the response, and the findings are kept in a confidential part of the case file or a separate confidential file, and any information about the child’s immigration status appearing in the public part of the file must be redacted.

Frequently Asked Questions

Who can request Special Immigrant Juvenile findings in a family law case?

Any person authorized by the Family Code to file a petition, response, request for order, or responsive declaration in a proceeding to determine custody of the child — including the child’s parent, the child if authorized by statute, the child’s guardian ad litem, or an attorney appointed to represent the child.

Do I file one form for all my children?

No. A separate Confidential Request for Special Immigrant Juvenile Findings—Family Law (form FL-356) must be filed for each child, and the court must make separate findings and issue a separate findings form for each.

Who has to be given notice?

All parties to the underlying family law case; all alleged, biological, and presumed parents of the child; and any other person who has physical custody or is likely to claim a right to physical custody.

Are these filings public?

No. The request, response, and findings are kept in a confidential part of the case file or a separate confidential file, and immigration status information in the public part of the file must be redacted.

Amendment History

Rule 5.130 amended effective September 1, 2017; adopted effective July 1, 2016.

(Subd (c) amended effective September 1, 2017.)

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

Also known as: special immigrant juvenile findings CaliforniaSIJ findings family courtFL-356 confidential requestSIJS state court order California