PUBLIC NOTICE - - - STATE OF SOUTH CAROLINA COUNTY OF GREENVILLE South Carolina Department of Social Services, Plaintiff, vs. Maritza Saliya Rios and Jorge Avila, Defendants. IN THE INTERESTS OF: A Minor Child Born in 2008. Minor under the age of 18. IN THE FAMILY COURT THIRTEENTH JUDICIAL CIRCUIT C.A. No.: 2025-DR-23-0173 PLAINTIFF’S MOTION REQUESTING ORDER CONFIRMING MINOR’S ELIGIBILITY FOR SPECIAL IMMIGRANT JUVENILE STATUS Plaintiff, South Carolina Department of Social Services (“DSS”), hereby moves the Court on behalf of the minor child for the entry of an order confirming the eligibility of the minor for special immigrant juvenile (“SIJ”) status pursuant to INA § 101(a)(27)(J), 8 U.S.C. § 1101(a)(27)(J), TVPRA § 235(d)(1), an allowing the disclosure of such order to the U.S. Citizenship and Immigration Services (“USCIS”) for purposes of applying for legal permanent residency for the minor child. Plaintiff alleges that this case has been previously before the Court and that the Court has jurisdiction of the parties and subject matter of the case. This hearing will take place on JANUARY 20, 2026, AT 10:30 A.M. at 350 Halton Road, Greenville, South Carolina. 1. In order for the minor child to submit a Form I-360, petition for SIJ status, and apply for legal permanent residency with USCIS, he requires current verification from this Court of his eligibility for SIJ status. 2. Under Section 101(a)(27)(J) of the Immigration and Nationality Act (“INA”), and as amended by Section 245(d)(1) of the William Wilberforce Trafficking Victim’s Protection Reauthorization Act (“TVPRA”), Congress enacted a mechanism for noncitizen children to obtain legal permanent resident status in the United States where a family court has determined that reunification with one or both parents is not viable due to abuse, neglect, or abandonment. In short, the INA gives these children a way to gain or maintain lawful immigrant status and the right to work and live in the United States. Without this provision, these children would be unable to work and would otherwise be subject to removal from the United States. Pursuit of this benefit under the INA is in the best interest of the minor child. 3. To be considered a Special Immigrant Juvenile, the juvenile must establish (a) that he or she is unmarried and under age 21; see 8 C.F.R. § 204.11(c)(1) – (2); (b) that he or she 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;” INA § 101(a)(27)(J)(i); TVPRA § 235(d)(1); see also 8 C.F.R. § 204.11(c)(3); (c) that “reunification with one or both of the immigrant’s parents is not viable due to abuse, neglect, abandonment or a similar basis found under State law.” INA § 101(a)(27)(J)(i); TVPRA § 235(d)(1); see also 8 C.F.R. § 204.11(c)(3); (d) that it has been determined in an administrative or judicial proceeding that it would “not be in the juvenile’s best interest to be returned” to his or her home country. INA § 101(a)(27)(J)(ii); see also 8 C.F.R. § 204.11(c)(6). 4. The minor child is eligible for special immigrant juvenile status for the following reasons: (a) the minor child is currently unmarried and under age 21; (b) the minor child was declared dependent in this Court on January 22, 2025, pursuant to the Probable Cause Removal order, which found probable cause to place the minor into emergency protective custody of DSS as a result of the allegations that the Defendant, Maritza Saliya Rios had failed to ensure and provide that basic needs were provided for the minor child. (c) Reunification with the minor child’s biological mother, Maritza Saliya Rios, is not a viable option, based on the following: (i) At the Merits Removal Hearing on June 4, 2025 and by Order issued June 25, 2025, the Court entered a finding of Physical Neglect. (ii) DSS was relieved of offering services to the Defendant mother at the Merits Removal Hearing by order issued June 25, 2025. (iii) This Court has determined that reunification would cause an unreasonable risk of harm to the child’s life, physical health or safety and mental well-being. (iv) The court found that it was not in the best interests of the minor child for DSS to pursue termination of parental rights (d) Reunification with the minor child’s biological father, Jorge Avila, is not a viable option because his whereabouts are unknown and cannot be determined after due diligence; and (e) the minor child continues to be dependent on this Court; Further, it continues to be in the best interest of the minor child to remain in the United States and not to return to his home country of Honduras because no appropriate family members have been identified in Honduras and therapeutic and educational services provided to him now will end causing further trauma and hindering normal child development; danger or violence in home country. WHEREFORE, the consenting parties respectfully pray for the Court to grant the following relief: 1. That the Court consider and approve the attached proposed Order confirming the minor child’s eligibility for SIJ status and granting permission to disclose the order to the USCIS for purposes of petitioning for SIJ status and legal permanent residency; 2. That the Court require the Plaintiff to provide any monetary or other support the minor child may necessarily require to submit the SIJ petition to USCIS, including the payment of any filing fees, medical exam fees and translation fees; and 3. For any and all further relief which the Court deems necessary for the best interests of the minor child. Respectfully Submitted: Amanda Stiles, S.C. Bar # 101380 Attorney for Plaintiff 352 Halton Road, Greenville, SC 29607 864-467-7700 168621-dec 4-11-18-3t $2,147