(705 ILCS 405/2-4a)
(Text of Section before amendment by P.A. 101-121
Special immigrant minor.
(a) Except as otherwise provided in this
Act, a special immigrant minor under 18 years of age who has been made a ward
of the court may be deemed eligible by the court for long-term foster care due
to abuse, neglect, or abandonment and remain under the jurisdiction of the
juvenile court until his or her special immigrant juvenile status and
adjustment of status applications are adjudicated. The petition filed on
behalf of the special immigrant minor must allege that he or she otherwise
satisfies the prerequisites for special immigrant juvenile status pursuant to 8
U.S.C. Section 1101(a)(27)(J) and must state the custodial status sought on
behalf of the minor.
(b) For the purposes of this Section, a juvenile court may make a finding
that a special immigrant minor is eligible for long term foster care if the
court makes the following findings:
(1) That a reasonable diligent search for biological
parents, prior adoptive parents, or prior legal guardians has been conducted; and
(2) That reunification with the minor's biological
parents or prior adoptive parents is not a viable option.
(c) For the purposes of this Section:
(1) The term "abandonment" means the failure of a
parent or legal guardian to maintain a reasonable degree of interest, concern, or responsibility for the welfare of his or her minor child or ward.
(2) The term "special immigrant minor" means an
immigrant minor who (i) is present in the United States and has been made a ward of the court and (ii) for whom it has been determined by the juvenile court or in an administrative or judicial proceeding that it would not be in his or her best interests to be returned to his or her previous country of nationality or country of last habitual residence.
(d) This Section does not apply to a minor who applies for special immigrant
minor status solely for the purpose of qualifying for financial assistance for
himself or herself or for his or her parents, guardian, or custodian.
(Source: P.A. 93-145, eff. 7-10-03.)
(Text of Section after amendment by P.A. 101-121
Special immigrant minor.
(a) The court has jurisdiction to make the findings necessary to enable a minor who has been adjudicated a ward
of the court to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile under 8 U.S.C. 1101(a)(27)(J). A minor for whom the court finds under subsection (b) shall remain under the jurisdiction of the
court until his or her special immigrant juvenile petition is filed with the United States Citizenship and Immigration Services, or its successor agency.
(b) If a motion requests findings regarding Special Immigrant Juvenile Status under 8 U.S.C. 1101(a)(27)(J) and the evidence, which may consist solely of, but is not limited to, a declaration of the minor, supports the findings, the court shall issue an order that includes the following findings:
(1) (A) the minor is declared a dependent of the
court; or (B) the minor is legally committed to, or placed under the custody of, a State agency or department, or an individual or entity appointed by the court; and
(2) that reunification of the minor with one or both
of the minor's parents is not viable due to abuse, neglect, abandonment, or other similar basis; and
(3) that it is not in the best interest of the minor
to be returned to the minor's or parent's previous country of nationality or last habitual residence.
(c) In this Section:
(1) The term "abandonment" means, but is not limited
to, the failure of a parent or legal guardian to maintain a reasonable degree of interest, concern, or responsibility for the welfare of his or her minor child or ward.
(Source: P.A. 101-121, eff. 1-1-20.)