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interest, concern, or responsibility for the welfare of
the minor or when one or both of the minor's parents are
deceased or cannot be reasonably located.
"Neglect" includes the meaning ascribed to the term in
paragraph (a) of subsection (1) of Section 2-3 of the
Juvenile Court Act of 1987 and the failure to perform
caretaking functions as defined in subsection (c) of
Section 600 of the Illinois Marriage and Dissolution of
(b) A court of this State that is competent to adjudicate a
petition for guardianship has jurisdiction to make the
findings necessary to enable a minor, who is the subject of a
petition for guardianship, to petition the United States
Citizenship and Immigration Services for classification as a
Special Immigrant Juvenile under Section 1101(a)(27)(J) of
Title 8 of the United States Code.
(c) If a motion requests findings regarding Special
Immigrant Juvenile Status under Section 1101(a)(27)(J) of
Title 8 of the United States Code, and the evidence, which may
consist solely of, but is not limited to, a declaration by 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
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(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.
(d) In any proceedings in response to a motion that the
court make the findings necessary to support a petition for
classification as a Special Immigrant Juvenile, information
regarding the immigration status of the minor, the minor's
parent, or the minor's guardian that is not otherwise
protected by State confidentiality laws shall remain
confidential and shall be available for inspection only by the
court, the minor who is the subject of the proceeding, the
parties, the attorneys for the parties, the minor's counsel,
and the minor's parent or guardian.
(e)(1) For purposes of this subsection, "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.
(2) A court making determinations under this subsection
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,
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or similar circumstances. A court making determinations under
this subsection shall be acting as a juvenile court.
(3) 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.
(4) With the consent of the minor, the court shall appoint
the petitioner as the 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 under
(5) 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 under this Section.
(6) A guardian appointed pursuant to this subsection 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. This subsection
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
(7) A minor who is the subject of a petition for
guardianship or for extension of guardianship under this
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subsection 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.
(Source: P.A. 101-121, eff. 11-25-19 (see P.A. 101-592 for the
effective date of changes made by P.A. 101-121).)".