Rep. Jennifer Gong-Gershowitz

Filed: 2/27/2019

 

 


 

 


 
10100HB1553ham001LRB101 08127 SLF 56792 a

1
AMENDMENT TO HOUSE BILL 1553

2    AMENDMENT NO. ______. Amend House Bill 1553 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 2-4a as follows:
 
6    (705 ILCS 405/2-4a)
7    Sec. 2-4a. Special immigrant minor.
8    (a) The court has jurisdiction to make the findings
9necessary to enable a minor Except as otherwise provided in
10this Act, a special immigrant minor under 18 years of age who
11has been adjudicated made a ward of the court to petition the
12United States Citizenship and Immigration Services for
13classification as a special immigrant juvenile under 8 U.S.C.
141101(a)(27)(J). A minor for whom the court finds under
15subsection (b) shall may be deemed eligible by the court for
16long-term foster care due to abuse, neglect, or abandonment and

 

 

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1remain under the jurisdiction of the juvenile court until his
2or her special immigrant juvenile petition is filed with the
3United States Citizenship and Immigration Services, or its
4successor agency status and adjustment of status applications
5are adjudicated. The petition filed on behalf of the special
6immigrant minor must allege that he or she otherwise satisfies
7the prerequisites for special immigrant juvenile status
8pursuant to 8 U.S.C. Section 1101(a)(27)(J) and must state the
9custodial status sought on behalf of the minor.
10    (b) If a motion requests findings regarding Special
11Immigrant Juvenile Status under 8 U.S.C. 1101(a)(27)(J) and the
12evidence, which may consist solely of, but is not limited to, a
13declaration of the minor, supports the findings, the court
14shall issue an order that includes For the purposes of this
15Section, a juvenile court may make a finding that a special
16immigrant minor is eligible for long term foster care if the
17court makes the following findings:
18        (1) (A) the minor is declared a dependent of the court;
19    or (B) the minor is legally committed to, or placed under
20    the custody of, a State agency or department, or an
21    individual or entity appointed by the court; and That a
22    reasonable diligent search for biological parents, prior
23    adoptive parents, or prior legal guardians has been
24    conducted; and
25        (2) that reunification of the minor with one or both of
26    the minor's parents is not viable due to abuse, neglect,

 

 

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1    abandonment, or other similar basis; and That
2    reunification with the minor's biological parents or prior
3    adoptive parents is not a viable option.
4        (3) that it is not in the best interest of the minor to
5    be returned to the minor's or parent's previous country of
6    nationality or last habitual residence.
7    (c) In For the purposes of this Section:
8        (1) The term "abandonment" means, but is not limited
9    to, the failure of a parent or legal guardian to maintain a
10    reasonable degree of interest, concern, or responsibility
11    for the welfare of his or her minor child or ward.
12        (2) (Blank). The term "special immigrant minor" means
13    an immigrant minor who (i) is present in the United States
14    and has been made a ward of the court and (ii) for whom it
15    has been determined by the juvenile court or in an
16    administrative or judicial proceeding that it would not be
17    in his or her best interests to be returned to his or her
18    previous country of nationality or country of last habitual
19    residence.
20    (d) (Blank). This Section does not apply to a minor who
21applies for special immigrant minor status solely for the
22purpose of qualifying for financial assistance for himself or
23herself or for his or her parents, guardian, or custodian.
24(Source: P.A. 93-145, eff. 7-10-03.)
 
25    Section 10. The Illinois Marriage and Dissolution of

 

 

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1Marriage Act is amended by adding Section 603.11 as follows:
 
2    (750 ILCS 5/603.11 new)
3    Sec. 603.11. Special immigrant child findings.
4    (a) For the purpose of making a finding under this Section:
5        "Abuse" has the meaning ascribed to that term in
6    subsection (1) of Section 103 of the Illinois Domestic
7    Violence Act of 1986.
8        "Abandonment" includes, but is not limited to, the
9    failure of a parent to maintain a reasonable degree of
10    interest, concern, or responsibility for the welfare of the
11    child or when one or both of the child's parents are
12    deceased or cannot be reasonably located.
13        "Neglect" includes the meaning ascribed to the term in
14    paragraph (a) of subsection (1) of Section 2-3 of the
15    Juvenile Court Act of 1987 and the failure to perform
16    caretaking functions as defined in subsection (c) of
17    Section 600.
18    (b) A court of this State that is competent to allocate
19parenting responsibilities has jurisdiction to make the
20findings necessary to enable a child, who is the subject of a
21petition to allocate parenting responsibilities, to petition
22the United States Citizenship and Immigration Services for
23classification as a Special Immigrant Juvenile under Section
241101(a)(27)(J) of Title 8 of the United States Code.
25    (c) If a motion requests findings regarding Special

 

 

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1Immigrant Juvenile Status under Section 1101(a)(27)(J) of
2Title 8 of the United States Code, and the evidence, which may
3consist solely of, but is not limited to, a declaration by the
4child, supports the findings, the court shall issue an order,
5that includes the following findings:
6        (1)(A) the child is declared a dependent of the court;
7    or (B) the child is placed under the custody of an
8    individual or entity appointed by the court; and
9        (2) that reunification of the child with one or both of
10    the child's parents is not viable due to abuse, neglect,
11    abandonment, or other similar basis; and
12        (3) that it is not in the best interest of the child to
13    be returned to the child's or parent's previous country of
14    nationality or last habitual residence.
15    (d) In any proceedings in response to a motion that the
16court make the findings necessary to support a petition for
17classification as a Special Immigrant Juvenile, information
18regarding the immigration status of the child, the child's
19parent, or the child's guardian that is not otherwise protected
20by State confidentiality laws shall remain confidential and
21shall be available for inspection only by the court, the child
22who is the subject of the proceeding, the parties, the
23attorneys for the parties, the child's counsel, and the child's
24parent or guardian.
 
25    Section 15. The Illinois Parentage Act of 2015 is amended

 

 

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1by adding Section 613.5 as follows:
 
2    (750 ILCS 46/613.5 new)
3    Sec. 613.5. Special immigrant child findings.
4    (a) For the purpose of making a finding under this Section:
5        "Abuse" has the meaning ascribed to that term in
6    subsection (1) of Section 103 of the Illinois Domestic
7    Violence Act of 1986.
8        "Abandonment" includes, but is not limited to, the
9    failure of a parent to maintain a reasonable degree of
10    interest, concern, or responsibility for the welfare of the
11    child or when one or both of the child's parents are
12    deceased or cannot be reasonably located.
13        "Neglect" includes the meaning ascribed to the term in
14    paragraph (a) of subsection (1) of Section 2-3 of the
15    Juvenile Court Act of 1987 and the failure to perform
16    caretaking functions as defined in subsection (c) of
17    Section 600 of the Illinois Marriage and Dissolution of
18    Marriage Act.
19    (b) A court of this State that is competent to adjudicate
20parentage has jurisdiction to make the findings necessary to
21enable a child, who is the subject of a proceeding to
22adjudicate parentage, to petition the United States
23Citizenship and Immigration Services for classification as a
24Special Immigrant Juvenile under Section 1101(a)(27)(J) of
25Title 8 of the United States Code.

 

 

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1    (c) If a motion requests findings regarding Special
2Immigrant Juvenile Status under Section 1101(a)(27)(J) of
3Title 8 of the United States Code, and the evidence, which may
4consist solely of, but is not limited to, a declaration by the
5child, supports the findings, the court shall issue an order,
6that includes the following findings:
7        (1)(A) the child is declared a dependent of the court;
8    or (B) the child is placed under the custody of an
9    individual or entity appointed by the court; and
10        (2) that reunification of the child with one or both of
11    the child's parents is not viable due to abuse, neglect,
12    abandonment, or other similar basis; and
13        (3) that it is not in the best interest of the child to
14    be returned to the child's or parent's previous country of
15    nationality or last habitual residence.
16    (d) In any proceedings in response to a motion that the
17court make the findings necessary to support a petition for
18classification as a Special Immigrant Juvenile, information
19regarding the immigration status of the child, the child's
20parent, or the child's guardian that is not otherwise protected
21by State confidentiality laws shall remain confidential and
22shall be available for inspection only by the court, the child
23who is the subject of the proceeding, the parties, the
24attorneys for the parties, the child's counsel, and the child's
25parent or guardian.
 

 

 

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1    Section 20. The Adoption Act is amended by adding Section
217.01 as follows:
 
3    (750 ILCS 50/17.01 new)
4    Sec. 17.01. Special immigrant child findings.
5    (a) For the purpose of making a finding under this Section:
6        "Abuse" has the meaning ascribed to that term in
7    subsection (1) of Section 103 of the Illinois Domestic
8    Violence Act of 1986.
9        "Abandonment" includes, but is not limited to, the
10    failure of a parent to maintain a reasonable degree of
11    interest, concern, or responsibility for the welfare of the
12    child or when one or both of the child's parents are
13    deceased or cannot be reasonably located.
14        "Neglect" includes the meaning ascribed to the term in
15    paragraph (a) of subsection (1) of Section 2-3 of the
16    Juvenile Court Act of 1987 and the failure to perform
17    caretaking functions as defined in subsection (c) of
18    Section 600 of the Illinois Marriage and Dissolution of
19    Marriage Act.
20    (b) A court of this State that is competent to adjudicate
21adoption petitions has jurisdiction to make the findings
22necessary to enable a child, who is the subject of a pending
23adoption petition, to petition the United States Citizenship
24and Immigration Services for classification as a Special
25Immigrant Juvenile under Section 1101(a)(27)(J) of Title 8 of

 

 

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1the United States Code.
2    (c) If a motion requests findings regarding Special
3Immigrant Juvenile Status under Section 1101(a)(27)(J) of
4Title 8 of the United States Code, and the evidence, which may
5consist solely of, but is not limited to, a declaration by the
6child, supports the findings, the court shall issue an order,
7that includes the following findings:
8        (1)(A) the child is declared a dependent of the court;
9    or (B) the child is legally committed to, or placed under
10    the custody of, a State agency or department or an
11    individual or entity appointed by the court; and
12        (2) that reunification of the child with one or both of
13    the child's parents is not viable due to abuse, neglect,
14    abandonment, or other similar basis; and
15        (3) that it is not in the best interest of the child to
16    be returned to the child's or parent's previous country of
17    nationality or last habitual residence.
 
18    Section 25. The Illinois Domestic Violence Act of 1986 is
19amended by adding Section 214.5 as follows:
 
20    (750 ILCS 60/214.5 new)
21    Sec. 214.5. Special immigrant child findings.
22    (a) For the purpose of making a finding under this Section:
23        "Abuse" has the meaning ascribed to that term in
24    subsection (1) of Section 103 of the Illinois Domestic

 

 

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1    Violence Act of 1986.
2        "Abandonment" includes, but is not limited to, the
3    failure of a parent to maintain a reasonable degree of
4    interest, concern, or responsibility for the welfare of the
5    child or when one or both of the child's parents are
6    deceased or cannot be reasonably located.
7        "Neglect" includes the meaning ascribed to the term in
8    paragraph (a) of subsection (1) of Section 2-3 of the
9    Juvenile Court Act of 1987 and the failure to perform
10    caretaking functions as defined in subsection (c) of
11    Section 600 of the Illinois Marriage and Dissolution of
12    Marriage Act.
13    (b) A court of this State that is competent to issue an
14order of protection has jurisdiction to make the findings
15necessary to enable a child, who is a subject of or a minor
16child included in a petition for an order of protection, to
17petition the United States Citizenship and Immigration
18Services for classification as a Special Immigrant Juvenile
19under Section 1101(a)(27)(J) of Title 8 of the United States
20Code.
21    (c) If a motion requests findings regarding Special
22Immigrant Juvenile Status under Section 1101(a)(27)(J) of
23Title 8 of the United States Code, and the evidence, which may
24consist solely of, but is not limited to, a declaration by the
25child, supports the findings, the court shall issue an order,
26that includes the following findings:

 

 

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1        (1)(A) the child is declared a dependent of the court;
2    or (B) the child is legally committed to, or placed under
3    the custody of, a State agency or department or an
4    individual or entity appointed by the court; and
5        (2) that reunification of the child with one or both of
6    the child's parents is not viable due to abuse, neglect,
7    abandonment, or other similar basis; and
8        (3) that it is not in the best interest of the child to
9    be returned to the child's or parent's previous country of
10    nationality or last habitual residence.
11    (d) In any proceedings in response to a motion that the
12court make the findings necessary to support a petition for
13classification as a Special Immigrant Juvenile, information
14regarding the immigration status of the child, the child's
15parent, or the child's guardian that is not otherwise protected
16by State confidentiality laws shall remain confidential and
17shall be available for inspection only by the court, the child
18who is the subject of the proceeding, the parties, the
19attorneys for the parties, the child's counsel, and the child's
20parent or guardian.
 
21    Section 30. The Probate Act of 1975 is amended by adding
22Section 11-5.5 as follows:
 
23    (755 ILCS 5/11-5.5 new)
24    Sec. 11-5.5. Special immigrant minor findings.

 

 

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1    (a) For the purpose of making a finding under this Section:
2        "Abuse" has the meaning ascribed to that term in
3    subsection (1) of Section 103 of the Illinois Domestic
4    Violence Act of 1986.
5        "Abandonment" includes, but is not limited to, the
6    failure of a parent to maintain a reasonable degree of
7    interest, concern, or responsibility for the welfare of the
8    minor or when one or both of the minor's parents are
9    deceased or cannot be reasonably located.
10        "Neglect" includes the meaning ascribed to the term in
11    paragraph (a) of subsection (1) of Section 2-3 of the
12    Juvenile Court Act of 1987 and the failure to perform
13    caretaking functions as defined in subsection (c) of
14    Section 600 of the Illinois Marriage and Dissolution of
15    Marriage Act.
16    (b) A court of this State that is competent to adjudicate a
17petition for guardianship has jurisdiction to make the findings
18necessary to enable a minor, who is the subject of a petition
19for guardianship, to petition the United States Citizenship and
20Immigration Services for classification as a Special Immigrant
21Juvenile under Section 1101(a)(27)(J) of Title 8 of the United
22States Code.
23    (c) If a motion requests findings regarding Special
24Immigrant Juvenile Status under Section 1101(a)(27)(J) of
25Title 8 of the United States Code, and the evidence, which may
26consist solely of, but is not limited to, a declaration by the

 

 

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1minor, supports the findings, the court shall issue an order,
2that includes the following findings:
3        (1)(A) the minor is declared a dependent of the court;
4    or (B) the minor is legally committed to, or placed under
5    the custody of, a State agency or department or an
6    individual or entity appointed by the court; and
7        (2) that reunification of the minor with one or both of
8    the minor's parents is not viable due to abuse, neglect,
9    abandonment, or other similar basis; and
10        (3) that it is not in the best interest of the minor to
11    be returned to the minor's or parent's previous country of
12    nationality or last habitual residence.
13    (d) In any proceedings in response to a motion that the
14court make the findings necessary to support a petition for
15classification as a Special Immigrant Juvenile, information
16regarding the immigration status of the minor, the minor's
17parent, or the minor's guardian that is not otherwise protected
18by State confidentiality laws shall remain confidential and
19shall be available for inspection only by the court, the minor
20who is the subject of the proceeding, the parties, the
21attorneys for the parties, the minor's counsel, and the minor's
22parent or guardian.".