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

HB0369 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0369

 

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.


LRB102 02742 LNS 12745 b

 

 

A BILL FOR

 

HB0369LRB102 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 adding
21Section 11-5.6 as follows:
 
22    (755 ILCS 5/11-5.6 new)
23    Sec. 11-5.6. Appointment of guardian for person aged 18 to
2421 years; duties of guardian; additional services.

 

 

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1    (a) For purposes of this Section, "minor" includes an
2unmarried person who is less than 21 years old who consents to
3the appointment of a guardian or the continuation of a
4guardianship after the age of 18.
5    (b) A court making determinations under this Section shall
6consider the best interest of the minor, including his or her
7protection, well-being, care, and custody. The court shall
8make decisions regarding findings, orders, or referrals to
9support the health, safety, and welfare of a minor or to remedy
10the effects on a minor of abuse, neglect, abandonment, or
11similar circumstances. A court making determinations under
12this Section shall be acting as a juvenile court.
13    (c) A petition for guardianship of the person of a minor
14who is 18 years of age or older, but who has not yet attained
1521 years of age, may be filed by a parent, relative, or
16nonrelative person over the age of 21.
17    (d) With the consent of the minor, the court shall appoint
18a guardian of the person for a minor who is 18 years of age or
19older, but who has not yet attained 21 years of age, in
20connection with a motion for special findings pursuant to
21Section 11-5.5.
22    (e) At the request of, or with the consent of, the minor,
23the court shall extend an existing guardianship of the person
24for a minor over 18 years of age, for purposes of allowing the
25minor to request special findings pursuant to Section 11-5.5.
26    (f) A guardian appointed pursuant to this Section shall

 

 

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1have responsibility for the custody, nurture, and tuition of
2the minor, and shall have the right to determine the minor's
3residence based on the minor's best interest. This Section
4does not authorize the guardian to abrogate certain rights
5that a person who has attained 18 years of age may have under
6State law, including, but not limited to, decisions regarding
7the minor's medical treatment without the minor's express
8consent.
9    (g) A minor who is the subject of a petition for
10guardianship or for extension of guardianship under this
11Section may be referred for psychological, educational,
12medical, or social services that may be deemed necessary as a
13result of parental abuse, abandonment, or neglect, or for
14protection against trafficking or domestic violence.
15Participation in any referred services shall be voluntary.
 
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.