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


Rep. Jennifer Gong-Gershowitz

Filed: 4/5/2021





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2    AMENDMENT NO. ______. Amend House Bill 369 by replacing
3line 20 on page 2 through line 15 on page 4 with the following:
4    "Section 10. The Probate Act of 1975 is amended by
5changing Section 11-5.5 as follows:
6    (755 ILCS 5/11-5.5)
7    Sec. 11-5.5. Special immigrant minor findings; appointment
8of guardian for person aged 18 to 21 years; duties of guardian;
9additional services.
10    (a) For the purpose of making a finding under this
12        "Abuse" has the meaning ascribed to that term in
13    subsection (1) of Section 103 of the Illinois Domestic
14    Violence Act of 1986.
15        "Abandonment" includes, but is not limited to, the
16    failure of a parent to maintain a reasonable degree of



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1    interest, concern, or responsibility for the welfare of
2    the minor or when one or both of the minor's parents are
3    deceased or cannot be reasonably located.
4        "Neglect" includes the meaning ascribed to the term in
5    paragraph (a) of subsection (1) of Section 2-3 of the
6    Juvenile Court Act of 1987 and the failure to perform
7    caretaking functions as defined in subsection (c) of
8    Section 600 of the Illinois Marriage and Dissolution of
9    Marriage Act.
10    (b) A court of this State that is competent to adjudicate a
11petition for guardianship has jurisdiction to make the
12findings necessary to enable a minor, who is the subject of a
13petition for guardianship, to petition the United States
14Citizenship and Immigration Services for classification as a
15Special Immigrant Juvenile under Section 1101(a)(27)(J) of
16Title 8 of the United States Code.
17    (c) If a motion requests findings regarding Special
18Immigrant Juvenile Status under Section 1101(a)(27)(J) of
19Title 8 of the United States Code, and the evidence, which may
20consist solely of, but is not limited to, a declaration by the
21minor, supports the findings, the court shall issue an order,
22that includes the following findings:
23        (1)(A) the minor is declared a dependent of the court;
24    or (B) the minor is legally committed to, or placed under
25    the custody of, a State agency or department or an
26    individual or entity appointed by the court; and



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1        (2) that reunification of the minor with one or both
2    of the minor's parents is not viable due to abuse,
3    neglect, abandonment, or other similar basis; and
4        (3) that it is not in the best interest of the minor to
5    be returned to the minor's or parent's previous country of
6    nationality or last habitual residence.
7    (d) In any proceedings in response to a motion that the
8court make the findings necessary to support a petition for
9classification as a Special Immigrant Juvenile, information
10regarding the immigration status of the minor, the minor's
11parent, or the minor's guardian that is not otherwise
12protected by State confidentiality laws shall remain
13confidential and shall be available for inspection only by the
14court, the minor who is the subject of the proceeding, the
15parties, the attorneys for the parties, the minor's counsel,
16and the minor's parent or guardian.
17    (e)(1) For purposes of this subsection, "minor" includes
18an unmarried person who is less than 21 years old who consents
19to the appointment of a guardian or the continuation of a
20guardianship after the age of 18.
21    (2) A court making determinations under this subsection
22shall consider the best interest of the minor, including his
23or her protection, well-being, care, and custody. The court
24shall make decisions regarding findings, orders, or referrals
25to support the health, safety, and welfare of a minor or to
26remedy the effects on a minor of abuse, neglect, abandonment,



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1or similar circumstances. A court making determinations under
2this subsection shall be acting as a juvenile court.
3    (3) A petition for guardianship of the person of a minor
4who is 18 years of age or older, but who has not yet attained
521 years of age, may be filed by a parent, relative, or
6nonrelative person over the age of 21.
7    (4) With the consent of the minor, the court shall appoint
8the petitioner as the guardian of the person for a minor who is
918 years of age or older, but who has not yet attained 21 years
10of age, in connection with a motion for special findings under
11this Section.
12    (5) At the request of, or with the consent of, the minor,
13the court shall extend an existing guardianship of the person
14for a minor over 18 years of age, for purposes of allowing the
15minor to request special findings under this Section.
16    (6) A guardian appointed pursuant to this subsection shall
17have responsibility for the custody, nurture, and tuition of
18the minor, and shall have the right to determine the minor's
19residence based on the minor's best interest. This subsection
20does not authorize the guardian to abrogate certain rights
21that a person who has attained 18 years of age may have under
22State law, including, but not limited to, decisions regarding
23the minor's medical treatment without the minor's express
25    (7) A minor who is the subject of a petition for
26guardianship or for extension of guardianship under this



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1subsection may be referred for psychological, educational,
2medical, or social services that may be deemed necessary as a
3result of parental abuse, abandonment, or neglect, or for
4protection against trafficking or domestic violence.
5Participation in any referred services shall be voluntary.
6(Source: P.A. 101-121, eff. 11-25-19 (see P.A. 101-592 for the
7effective date of changes made by P.A. 101-121).)".