Full Text of HB1553 101st General Assembly
HB1553 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB1553 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED: |
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Amends the Juvenile Court Act of 1987. Provides that 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 federal law. Provides that if a motion requests findings regarding Special Immigrant Juvenile Status 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) the minor is declared a dependent of the court or 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; (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. Makes other changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing 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 | 9 | | necessary to enable a minor Except as otherwise provided in | 10 | | this
Act, a special immigrant minor under 18 years of age who | 11 | | has been adjudicated made a ward
of the court to petition the | 12 | | United States Citizenship and Immigration Services for | 13 | | classification as a special immigrant juvenile under 8 U.S.C. | 14 | | 1101(a)(27)(J). A minor for whom the court finds under | 15 | | subsection (b) shall may be deemed eligible by the court for | 16 | | long-term foster care due
to abuse, neglect, or abandonment and | 17 | | remain under the jurisdiction of the
juvenile court until his | 18 | | or her special immigrant juvenile petition is filed with the | 19 | | United States Citizenship and Immigration Services, or its | 20 | | successor agency status and
adjustment of status applications | 21 | | are adjudicated . The petition filed on
behalf of the special | 22 | | immigrant minor must allege that he or she otherwise
satisfies | 23 | | the prerequisites for special immigrant juvenile status |
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| 1 | | pursuant to 8
U.S.C. Section 1101(a)(27)(J) and must state the | 2 | | custodial status sought on
behalf of the minor.
| 3 | | (b) If a motion requests findings regarding Special | 4 | | Immigrant Juvenile Status under 8 U.S.C. 1101(a)(27)(J) and the | 5 | | evidence, which may consist solely of, but is not limited to, a | 6 | | declaration of the minor, supports the findings, the court | 7 | | shall issue an order that includes For the purposes of this | 8 | | Section, a juvenile court may make a finding
that a special | 9 | | immigrant minor is eligible for long term foster care if the
| 10 | | court makes the following findings:
| 11 | | (1) (A) the minor is declared a dependent of the court; | 12 | | or (B) the minor is legally committed to, or placed under | 13 | | the custody of, a State agency or department, or an | 14 | | individual or entity appointed by the court; and That a | 15 | | reasonable diligent search for biological parents, prior
| 16 | | adoptive parents, or prior legal guardians has been | 17 | | conducted; and
| 18 | | (2) that reunification of the minor with one or both of | 19 | | the minor's parents is not viable due to abuse, neglect, | 20 | | abandonment, or other similar basis; and That | 21 | | reunification with the minor's biological parents or prior
| 22 | | adoptive
parents is not a viable option.
| 23 | | (3) that it is not in the best interest of the minor to | 24 | | be returned to the minor's or parent's previous country of | 25 | | nationality or last habitual residence. | 26 | | (c) In For the purposes of this Section:
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| 1 | | (1) The term "abandonment" means , but is not limited | 2 | | to, the failure of a parent or legal guardian
to maintain a | 3 | | reasonable degree of interest, concern, or responsibility | 4 | | for the
welfare of his or her minor child or ward.
| 5 | | (2) (Blank). The term "special immigrant minor" means | 6 | | an immigrant minor who (i) is
present in the United States | 7 | | and has been made a ward of the court
and (ii) for whom it | 8 | | has been determined by the juvenile court or in an
| 9 | | administrative or
judicial proceeding that it would not be | 10 | | in his or her best interests to be
returned to his or her | 11 | | previous country of nationality or country of last
habitual | 12 | | residence.
| 13 | | (d) This Section does not apply to a minor who applies for | 14 | | special immigrant
minor status solely for the purpose of | 15 | | qualifying for financial assistance for
himself or herself or | 16 | | for his or her parents, guardian, or custodian.
| 17 | | (Source: P.A. 93-145, eff. 7-10-03.)
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