102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
Introduced 1/29/2021, by Rep. Jennifer Gong-Gershowitz
SYNOPSIS AS INTRODUCED:
705 ILCS 405/1-4.2 new
755 ILCS 5/11-5.6 new
705 ILCS 405/2-4a rep.
Amends the Juvenile Court Act of 1987. Relocates a provision
regarding special immigrant minors from the Abused, Neglected, or
Dependent Minors Article to the General Provisions Article. Amends the
Probate Act of 1975. Provides that a petition for guardianship of the
person of a minor who is 18 years of age or older, but who has not yet
attained 21 years of age, may be filed by a parent, relative, or
nonrelative person over the age of 21. Provides that a court making
determinations concerning such a petition shall consider the best interest
of the minor. Provides that an appointed guardian shall have
responsibility for the custody, nurture, and tuition of the minor, and
shall have the right to determine the minor's residence based on the
minor's best interest. Provides that a minor who is the subject of a
petition for guardianship or for extension of guardianship may be referred
for psychological, educational, medical, or social services under certain
circumstances. Makes other changes. Effective immediately.
A BILL FOR
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AN ACT concerning minors.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Juvenile Court Act of 1987 is amended by
adding Section 1-4.2 as follows:
(705 ILCS 405/1-4.2 new)
Special immigrant minor.
(a) The court hearing a case under this Act 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
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(1) the minor is:
(i) declared a dependent of the court; or
(ii) legally committed to, or placed under the
custody of, a State agency or department, or an
individual or entity appointed by the court;
(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) For purposes of this Section:
"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. "Abandonment" includes the definition
of "dependency" provided in Section 2-4.
"Abuse" has the meaning provided in Section 2-3.
"Neglect" has the meaning provided in Section 2-3.
The Probate Act of 1975 is amended by adding
Section 11-5.6 as follows:
(755 ILCS 5/11-5.6 new)
Appointment of guardian for person aged 18 to
21 years; duties of guardian; additional services.
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(a) For purposes of this Section, "minor" includes an
unmarried person who is less than 21 years old who consents to
the appointment of a guardian or the continuation of a
guardianship after the age of 18.
(b) A court making determinations under this Section shall
consider the best interest of the minor, including his or her
protection, well-being, care, and custody. The court shall
make decisions regarding findings, orders, or referrals to
support the health, safety, and welfare of a minor or to remedy
the effects on a minor of abuse, neglect, abandonment, or
similar circumstances. A court making determinations under
this Section shall be acting as a juvenile court.
(c) A petition for guardianship of the person of a minor
who is 18 years of age or older, but who has not yet attained
21 years of age, may be filed by a parent, relative, or
nonrelative person over the age of 21.
(d) With the consent of the minor, the court shall appoint
a guardian of the person for a minor who is 18 years of age or
older, but who has not yet attained 21 years of age, in
connection with a motion for special findings pursuant to
(e) At the request of, or with the consent of, the minor,
the court shall extend an existing guardianship of the person
for a minor over 18 years of age, for purposes of allowing the
minor to request special findings pursuant to Section 11-5.5.
(f) A guardian appointed pursuant to this Section shall
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have responsibility for the custody, nurture, and tuition of
the minor, and shall have the right to determine the minor's
residence based on the minor's best interest. This Section
does not authorize the guardian to abrogate certain rights
that a person who has attained 18 years of age may have under
State law, including, but not limited to, decisions regarding
the minor's medical treatment without the minor's express
(g) A minor who is the subject of a petition for
guardianship or for extension of guardianship under this
Section may be referred for psychological, educational,
medical, or social services that may be deemed necessary as a
result of parental abuse, abandonment, or neglect, or for
protection against trafficking or domestic violence.
Participation in any referred services shall be voluntary.
(705 ILCS 405/2-4a rep.)
The Juvenile Court Act of 1987 is amended by
repealing Section 2-4a.
This Act takes effect upon