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Public Act 101-0121


 

Public Act 0121 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0121
 
HB1553 EnrolledLRB101 08127 SLF 53193 b

    AN ACT concerning courts.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 2-4a as follows:
 
    (705 ILCS 405/2-4a)
    Sec. 2-4a. Special immigrant minor.
    (a) The court has jurisdiction to make the findings
necessary to enable a minor Except as otherwise provided in
this Act, a special immigrant minor under 18 years of age who
has been adjudicated made a ward of the court to petition the
United States Citizenship and Immigration Services for
classification as a special immigrant juvenile under 8 U.S.C.
1101(a)(27)(J). A minor for whom the court finds under
subsection (b) shall may be deemed eligible by the court for
long-term foster care due to abuse, neglect, or abandonment and
remain under the jurisdiction of the juvenile court until his
or her special immigrant juvenile petition is filed with the
United States Citizenship and Immigration Services, or its
successor agency status and adjustment of status applications
are adjudicated. The petition filed on behalf of the special
immigrant minor must allege that he or she otherwise satisfies
the prerequisites for special immigrant juvenile status
pursuant to 8 U.S.C. Section 1101(a)(27)(J) and must state the
custodial status sought on behalf of the minor.
    (b) If a motion requests findings regarding Special
Immigrant Juvenile Status under 8 U.S.C. 1101(a)(27)(J) 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 For the purposes of this
Section, a juvenile court may make a finding that a special
immigrant minor is eligible for long term foster care if the
court makes 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 That a
    reasonable diligent search for biological parents, prior
    adoptive parents, or prior legal guardians has been
    conducted; and
        (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 That
    reunification with the minor's biological parents or prior
    adoptive parents is not a viable option.
        (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.
    (c) In For the purposes of this Section:
        (1) The term "abandonment" means, but is not limited
    to, the failure of a parent or legal guardian to maintain a
    reasonable degree of interest, concern, or responsibility
    for the welfare of his or her minor child or ward.
        (2) (Blank). The term "special immigrant minor" means
    an immigrant minor who (i) is present in the United States
    and has been made a ward of the court and (ii) for whom it
    has been determined by the juvenile court or in an
    administrative or judicial proceeding that it would not be
    in his or her best interests to be returned to his or her
    previous country of nationality or country of last habitual
    residence.
    (d) (Blank). This Section does not apply to a minor who
applies for special immigrant minor status solely for the
purpose of qualifying for financial assistance for himself or
herself or for his or her parents, guardian, or custodian.
(Source: P.A. 93-145, eff. 7-10-03.)
 
    Section 10. The Illinois Marriage and Dissolution of
Marriage Act is amended by adding Section 603.11 as follows:
 
    (750 ILCS 5/603.11 new)
    Sec. 603.11. Special immigrant child findings.
    (a) For the purpose of making a finding under this Section:
        "Abuse" has the meaning ascribed to that term in
    subsection (1) of Section 103 of the Illinois Domestic
    Violence Act of 1986.
        "Abandonment" includes, but is not limited to, the
    failure of a parent to maintain a reasonable degree of
    interest, concern, or responsibility for the welfare of the
    child or when one or both of the child'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.
    (b) A court of this State that is competent to allocate
parenting responsibilities has jurisdiction to make the
findings necessary to enable a child, who is the subject of a
petition to allocate parenting responsibilities, 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
child, supports the findings, the court shall issue an order,
that includes the following findings:
        (1)(A) the child is declared a dependent of the court;
    or (B) the child is placed under the custody of an
    individual or entity appointed by the court; and
        (2) that reunification of the child with one or both of
    the child'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 child to
    be returned to the child'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 child, the child's
parent, or the child'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 child
who is the subject of the proceeding, the parties, the
attorneys for the parties, the child's counsel, and the child's
parent or guardian.
 
    Section 15. The Illinois Parentage Act of 2015 is amended
by adding Section 613.5 as follows:
 
    (750 ILCS 46/613.5 new)
    Sec. 613.5. Special immigrant child findings.
    (a) For the purpose of making a finding under this Section:
        "Abuse" has the meaning ascribed to that term in
    subsection (1) of Section 103 of the Illinois Domestic
    Violence Act of 1986.
        "Abandonment" includes, but is not limited to, the
    failure of a parent to maintain a reasonable degree of
    interest, concern, or responsibility for the welfare of the
    child or when one or both of the child'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
    Marriage Act.
    (b) A court of this State that is competent to adjudicate
parentage has jurisdiction to make the findings necessary to
enable a child, who is the subject of a proceeding to
adjudicate parentage, 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
child, supports the findings, the court shall issue an order,
that includes the following findings:
        (1)(A) the child is declared a dependent of the court;
    or (B) the child is placed under the custody of an
    individual or entity appointed by the court; and
        (2) that reunification of the child with one or both of
    the child'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 child to
    be returned to the child'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 child, the child's
parent, or the child'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 child
who is the subject of the proceeding, the parties, the
attorneys for the parties, the child's counsel, and the child's
parent or guardian.
 
    Section 20. The Adoption Act is amended by adding Section
17.01 as follows:
 
    (750 ILCS 50/17.01 new)
    Sec. 17.01. Special immigrant child findings.
    (a) For the purpose of making a finding under this Section:
        "Abuse" has the meaning ascribed to that term in
    subsection (1) of Section 103 of the Illinois Domestic
    Violence Act of 1986.
        "Abandonment" includes, but is not limited to, the
    failure of a parent to maintain a reasonable degree of
    interest, concern, or responsibility for the welfare of the
    child or when one or both of the child'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
    Marriage Act.
    (b) A court of this State that is competent to adjudicate
adoption petitions has jurisdiction to make the findings
necessary to enable a child, who is the subject of a pending
adoption petition, 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
child, supports the findings, the court shall issue an order,
that includes the following findings:
        (1)(A) the child is declared a dependent of the court;
    or (B) the child 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
        (2) that reunification of the child with one or both of
    the child'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 child to
    be returned to the child's or parent's previous country of
    nationality or last habitual residence.
 
    Section 25. The Illinois Domestic Violence Act of 1986 is
amended by adding Section 214.5 as follows:
 
    (750 ILCS 60/214.5 new)
    Sec. 214.5. Special immigrant child findings.
    (a) For the purpose of making a finding under this Section:
        "Abuse" has the meaning ascribed to that term in
    subsection (1) of Section 103 of the Illinois Domestic
    Violence Act of 1986.
        "Abandonment" includes, but is not limited to, the
    failure of a parent to maintain a reasonable degree of
    interest, concern, or responsibility for the welfare of the
    child or when one or both of the child'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
    Marriage Act.
    (b) A court of this State that is competent to issue an
order of protection has jurisdiction to make the findings
necessary to enable a child, who is a subject of or a minor
child included in a petition for an order of protection, 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
child, supports the findings, the court shall issue an order,
that includes the following findings:
        (1)(A) the child is declared a dependent of the court;
    or (B) the child 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
        (2) that reunification of the child with one or both of
    the child'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 child to
    be returned to the child'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 child, the child's
parent, or the child'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 child
who is the subject of the proceeding, the parties, the
attorneys for the parties, the child's counsel, and the child's
parent or guardian.
 
    Section 30. The Probate Act of 1975 is amended by adding
Section 11-5.5 as follows:
 
    (755 ILCS 5/11-5.5 new)
    Sec. 11-5.5. Special immigrant minor findings.
    (a) For the purpose of making a finding under this Section:
        "Abuse" has the meaning ascribed to that term in
    subsection (1) of Section 103 of the Illinois Domestic
    Violence Act of 1986.
        "Abandonment" includes, but is not limited to, the
    failure of a parent to maintain a reasonable degree of
    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
    Marriage Act.
    (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
        (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.

Effective Date: 1/1/2020