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Public Act 102-0259


 

Public Act 0259 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0259
 
HB0369 EnrolledLRB102 02742 LNS 12745 b

    AN ACT concerning minors.
 
    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
adding Section 1-4.2 as follows:
 
    (705 ILCS 405/1-4.2 new)
    Sec. 1-4.2. Special immigrant minor.
    (a) The court hearing a case under this Act 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 8 U.S.C.
1101(a)(27)(J). A minor for whom the court finds under
subsection (b) shall remain under the jurisdiction of the
court until his or her special immigrant juvenile petition is
filed with the United States Citizenship and Immigration
Services, or its successor agency.
    (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 the following
findings:
        (1) the minor is:
            (i) declared a dependent of the court; or
            (ii) 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.
    (c) For purposes of this Section:
    "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. "Abandonment" includes the definition
of "dependency" provided in Section 2-4.
    "Abuse" has the meaning provided in Section 2-3.
    "Neglect" has the meaning provided in Section 2-3.
 
    Section 10. The Probate Act of 1975 is amended by changing
Section 11-5.5 as follows:
 
    (755 ILCS 5/11-5.5)
    Sec. 11-5.5. Special immigrant minor findings; appointment
of guardian for person aged 18 to 21 years; duties of guardian;
additional services.
    (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.
    (e)(1) For purposes of this subsection, "minor" includes
an unmarried person who is less than 21 years old who consents
to the appointment of a guardian or the continuation of a
guardianship after the age of 18.
    (2) A court making determinations under this subsection
shall consider the best interest of the minor, including his
or her protection, well-being, care, and custody. The court
shall make decisions regarding findings, orders, or referrals
to support the health, safety, and welfare of a minor or to
remedy the effects on a minor of abuse, neglect, abandonment,
or similar circumstances. A court making determinations under
this subsection shall be acting as a juvenile court.
    (3) 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.
    (4) With the consent of the minor, the court shall appoint
the petitioner as the guardian of the person for a minor who is
18 years of age or older, but who has not yet attained 21 years
of age, in connection with a motion for special findings under
this Section.
    (5) At the request of, or with the consent of, the minor,
the court shall extend an existing guardianship of the person
for a minor over 18 years of age, for purposes of allowing the
minor to request special findings under this Section.
    (6) A guardian appointed pursuant to this subsection 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. This subsection
does not authorize the guardian to abrogate certain rights
that a person who has attained 18 years of age may have under
State law, including, but not limited to, decisions regarding
the minor's medical treatment without the minor's express
consent.
    (7) A minor who is the subject of a petition for
guardianship or for extension of guardianship under this
subsection may be referred for psychological, educational,
medical, or social services that may be deemed necessary as a
result of parental abuse, abandonment, or neglect, or for
protection against trafficking or domestic violence.
Participation in any referred services shall be voluntary.
(Source: P.A. 101-121, eff. 11-25-19 (see P.A. 101-592 for the
effective date of changes made by P.A. 101-121).)
 
    (705 ILCS 405/2-4a rep.)
    Section 15. The Juvenile Court Act of 1987 is amended by
repealing Section 2-4a.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/6/2021