Illinois General Assembly - Full Text of HB0369
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Full Text of HB0369  102nd General Assembly

HB0369enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0369 EnrolledLRB102 02742 LNS 12745 b

1    AN ACT concerning minors.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5adding Section 1-4.2 as follows:
 
6    (705 ILCS 405/1-4.2 new)
7    Sec. 1-4.2. Special immigrant minor.
8    (a) The court hearing a case under this Act has
9jurisdiction to make the findings necessary to enable a minor
10who has been adjudicated a ward of the court to petition the
11United States Citizenship and Immigration Services for
12classification as a special immigrant juvenile under 8 U.S.C.
131101(a)(27)(J). A minor for whom the court finds under
14subsection (b) shall remain under the jurisdiction of the
15court until his or her special immigrant juvenile petition is
16filed with the United States Citizenship and Immigration
17Services, or its successor agency.
18    (b) If a motion requests findings regarding Special
19Immigrant Juvenile Status under 8 U.S.C. 1101(a)(27)(J) and
20the evidence, which may consist solely of, but is not limited
21to, a declaration of the minor, supports the findings, the
22court shall issue an order that includes the following
23findings:

 

 

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1        (1) the minor is:
2            (i) declared a dependent of the court; or
3            (ii) legally committed to, or placed under the
4        custody of, a State agency or department, or an
5        individual or entity appointed by the court;
6        (2) that reunification of the minor with one or both
7    of the minor's parents is not viable due to abuse,
8    neglect, abandonment, or other similar basis; and
9        (3) that it is not in the best interest of the minor to
10    be returned to the minor's or parent's previous country of
11    nationality or last habitual residence.
12    (c) For purposes of this Section:
13    "Abandonment" means, but is not limited to, the failure of
14a parent or legal guardian to maintain a reasonable degree of
15interest, concern, or responsibility for the welfare of his or
16her minor child or ward. "Abandonment" includes the definition
17of "dependency" provided in Section 2-4.
18    "Abuse" has the meaning provided in Section 2-3.
19    "Neglect" has the meaning provided in Section 2-3.
 
20    Section 10. The Probate Act of 1975 is amended by changing
21Section 11-5.5 as follows:
 
22    (755 ILCS 5/11-5.5)
23    Sec. 11-5.5. Special immigrant minor findings; appointment
24of guardian for person aged 18 to 21 years; duties of guardian;

 

 

HB0369 Enrolled- 3 -LRB102 02742 LNS 12745 b

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

 

 

HB0369 Enrolled- 4 -LRB102 02742 LNS 12745 b

1Title 8 of the United States Code, and the evidence, which may
2consist solely of, but is not limited to, a declaration by the
3minor, supports the findings, the court shall issue an order,
4that includes the following findings:
5        (1)(A) the minor is declared a dependent of the court;
6    or (B) the minor is legally committed to, or placed under
7    the custody of, a State agency or department or an
8    individual or entity appointed by the court; and
9        (2) that reunification of the minor with one or both
10    of the minor's parents is not viable due to abuse,
11    neglect, abandonment, or other similar basis; and
12        (3) that it is not in the best interest of the minor to
13    be returned to the minor'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 minor, the minor's
19parent, or the minor's guardian that is not otherwise
20protected by State confidentiality laws shall remain
21confidential and shall be available for inspection only by the
22court, the minor who is the subject of the proceeding, the
23parties, the attorneys for the parties, the minor's counsel,
24and the minor's parent or guardian.
25    (e)(1) For purposes of this subsection, "minor" includes
26an unmarried person who is less than 21 years old who consents

 

 

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1to the appointment of a guardian or the continuation of a
2guardianship after the age of 18.
3    (2) A court making determinations under this subsection
4shall consider the best interest of the minor, including his
5or her protection, well-being, care, and custody. The court
6shall make decisions regarding findings, orders, or referrals
7to support the health, safety, and welfare of a minor or to
8remedy the effects on a minor of abuse, neglect, abandonment,
9or similar circumstances. A court making determinations under
10this subsection shall be acting as a juvenile court.
11    (3) A petition for guardianship of the person of a minor
12who is 18 years of age or older, but who has not yet attained
1321 years of age, may be filed by a parent, relative, or
14nonrelative person over the age of 21.
15    (4) With the consent of the minor, the court shall appoint
16the petitioner as the guardian of the person for a minor who is
1718 years of age or older, but who has not yet attained 21 years
18of age, in connection with a motion for special findings under
19this Section.
20    (5) At the request of, or with the consent of, the minor,
21the court shall extend an existing guardianship of the person
22for a minor over 18 years of age, for purposes of allowing the
23minor to request special findings under this Section.
24    (6) A guardian appointed pursuant to this subsection shall
25have responsibility for the custody, nurture, and tuition of
26the minor, and shall have the right to determine the minor's

 

 

HB0369 Enrolled- 6 -LRB102 02742 LNS 12745 b

1residence based on the minor's best interest. This subsection
2does not authorize the guardian to abrogate certain rights
3that a person who has attained 18 years of age may have under
4State law, including, but not limited to, decisions regarding
5the minor's medical treatment without the minor's express
6consent.
7    (7) A minor who is the subject of a petition for
8guardianship or for extension of guardianship under this
9subsection may be referred for psychological, educational,
10medical, or social services that may be deemed necessary as a
11result of parental abuse, abandonment, or neglect, or for
12protection against trafficking or domestic violence.
13Participation in any referred services shall be voluntary.
14(Source: P.A. 101-121, eff. 11-25-19 (see P.A. 101-592 for the
15effective date of changes made by P.A. 101-121).)
 
16    (705 ILCS 405/2-4a rep.)
17    Section 15. The Juvenile Court Act of 1987 is amended by
18repealing Section 2-4a.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.