In Re Danely C., M2016-02054-COA-R3-JV

M.V.C., the natural mother of Danely C. (born in Honduras in 2000), filed a guardianship petition in Rutherford County chancery court seeking appointment as Danely’s guardian and state-court findings required for a Special Immigrant Juvenile (SIJ) application under 8 U.S.C. § 1101(a)(27)(J).
Danely entered the U.S. in 2014 at age 13, was placed with Mother by ORR, lives in Rutherford County, is in removal proceedings, and intended to seek SIJ status.
Mother alleged Father lived in Honduras, provided no meaningful support, and that reunification with him was not viable due to abandonment; she also alleged it would be contrary to Danely’s best interests to be returned to Honduras.
The trial court appointed a guardian ad litem, scheduled a hearing, and then sua sponte dismissed the petition with prejudice, reasoning that a natural parent is already the child’s legal guardian by operation of Tenn. Code Ann. § 34-1-102 and thus there was no justiciable controversy.
The Court of Appeals reviewed de novo whether the petition stated a claim and held dismissal was error because Tennessee courts may hear guardianship petitions and issue the SIJ “predicate findings”; the case was vacated and remanded for a hearing to allow evidence and entry of a predicate order.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a chancery court may entertain a guardianship petition by a natural parent seeking SIJ predicate findings	Mother: She may petition to be appointed guardian and obtain state-court findings required for SIJ despite being a natural parent	Trial court: Parents are natural guardians by operation of law, so mother’s petition fails and there is no justiciable controversy	Court of Appeals: Trial court erred; Tennessee law permits guardianship proceedings and courts must make SIJ predicate findings when jurisdiction exists
Whether the trial court must hold a hearing and make specific SIJ findings (age, custody placement, reunification non-viability, best interest as to return)	Mother: Requested those specific findings in her petition to enable SIJ application	Trial court: Did not reach the merits, dismissed for lack of justiciable claim	Court of Appeals: Remanded for a hearing and directed trial court to make findings on age/unmarried status, whether Danely is placed with or committed to Mother (best-interest standard), whether reunification with Father is not viable under state law, and whether return to Honduras would be contrary to Danely’s best interests

Moore-Pennoyer v. State, 515 S.W.3d 271 (Tenn. 2017) (standard of review for dismissal and acceptance of petition allegations)
Webb v. Nashville Area Habitat for Humanity, Inc., 346 S.W.3d 422 (Tenn. 2011) (procedural law on pleadings and review)
In re Marisol N.H., 115 A.D.3d 185 (N.Y. App. Div. 2014) (state court must hold best-interest hearing and may appoint a natural parent as guardian for SIJ predicate findings)
In re Dany G., 117 A.3d 650 (Md. Ct. Spec. App. 2015) (state law definitions govern abuse/neglect/abandonment determinations for SIJ; state courts play a fact-finding role)
Marcelina M.–G. v. Israel S., 112 A.D.3d 100 (N.Y. App. Div. 2013) (predicate order requirement and need for factual basis in SIJ findings)