Bill Text: IL HB1553 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 34-0)

Status: (Enrolled) 2019-06-19 - Sent to the Governor [HB1553 Detail]

Download: Illinois-2019-HB1553-Enrolled.html



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1 AN ACT concerning courts.
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
5changing 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
9necessary to enable a minor Except as otherwise provided in
10this Act, a special immigrant minor under 18 years of age who
11has been adjudicated made a ward of the court to petition the
12United States Citizenship and Immigration Services for
13classification as a special immigrant juvenile under 8 U.S.C.
141101(a)(27)(J). A minor for whom the court finds under
15subsection (b) shall may be deemed eligible by the court for
16long-term foster care due to abuse, neglect, or abandonment and
17remain under the jurisdiction of the juvenile court until his
18or her special immigrant juvenile petition is filed with the
19United States Citizenship and Immigration Services, or its
20successor agency status and adjustment of status applications
21are adjudicated. The petition filed on behalf of the special
22immigrant minor must allege that he or she otherwise satisfies
23the prerequisites for special immigrant juvenile status

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1pursuant to 8 U.S.C. Section 1101(a)(27)(J) and must state the
2custodial status sought on behalf of the minor.
3 (b) If a motion requests findings regarding Special
4Immigrant Juvenile Status under 8 U.S.C. 1101(a)(27)(J) and the
5evidence, which may consist solely of, but is not limited to, a
6declaration of the minor, supports the findings, the court
7shall issue an order that includes For the purposes of this
8Section, a juvenile court may make a finding that a special
9immigrant minor is eligible for long term foster care if the
10court 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) (Blank). This Section does not apply to a minor who
14applies for special immigrant minor status solely for the
15purpose of qualifying for financial assistance for himself or
16herself or for his or her parents, guardian, or custodian.
17(Source: P.A. 93-145, eff. 7-10-03.)
18 Section 10. The Illinois Marriage and Dissolution of
19Marriage Act is amended by adding Section 603.11 as follows:
20 (750 ILCS 5/603.11 new)
21 Sec. 603.11. Special immigrant child findings.
22 (a) For the purpose of making a finding under this Section:
23 "Abuse" has the meaning ascribed to that term in
24 subsection (1) of Section 103 of the Illinois Domestic

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1 Violence Act of 1986.
2 "Abandonment" includes, but is not limited to, the
3 failure of a parent to maintain a reasonable degree of
4 interest, concern, or responsibility for the welfare of the
5 child or when one or both of the child's parents are
6 deceased or cannot be reasonably located.
7 "Neglect" includes the meaning ascribed to the term in
8 paragraph (a) of subsection (1) of Section 2-3 of the
9 Juvenile Court Act of 1987 and the failure to perform
10 caretaking functions as defined in subsection (c) of
11 Section 600.
12 (b) A court of this State that is competent to allocate
13parenting responsibilities has jurisdiction to make the
14findings necessary to enable a child, who is the subject of a
15petition to allocate parenting responsibilities, to petition
16the United States Citizenship and Immigration Services for
17classification as a Special Immigrant Juvenile under Section
181101(a)(27)(J) of Title 8 of the United States Code.
19 (c) If a motion requests findings regarding Special
20Immigrant Juvenile Status under Section 1101(a)(27)(J) of
21Title 8 of the United States Code, and the evidence, which may
22consist solely of, but is not limited to, a declaration by the
23child, supports the findings, the court shall issue an order,
24that includes the following findings:
25 (1)(A) the child is declared a dependent of the court;
26 or (B) the child is placed under the custody of an

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1 individual or entity appointed by the court; and
2 (2) that reunification of the child with one or both of
3 the child's parents is not viable due to abuse, neglect,
4 abandonment, or other similar basis; and
5 (3) that it is not in the best interest of the child to
6 be returned to the child's or parent's previous country of
7 nationality or last habitual residence.
8 (d) In any proceedings in response to a motion that the
9court make the findings necessary to support a petition for
10classification as a Special Immigrant Juvenile, information
11regarding the immigration status of the child, the child's
12parent, or the child's guardian that is not otherwise protected
13by State confidentiality laws shall remain confidential and
14shall be available for inspection only by the court, the child
15who is the subject of the proceeding, the parties, the
16attorneys for the parties, the child's counsel, and the child's
17parent or guardian.
18 Section 15. The Illinois Parentage Act of 2015 is amended
19by adding Section 613.5 as follows:
20 (750 ILCS 46/613.5 new)
21 Sec. 613.5. Special immigrant child findings.
22 (a) For the purpose of making a finding under this Section:
23 "Abuse" has the meaning ascribed to that term in
24 subsection (1) of Section 103 of the Illinois Domestic

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1 Violence Act of 1986.
2 "Abandonment" includes, but is not limited to, the
3 failure of a parent to maintain a reasonable degree of
4 interest, concern, or responsibility for the welfare of the
5 child or when one or both of the child's parents are
6 deceased or cannot be reasonably located.
7 "Neglect" includes the meaning ascribed to the term in
8 paragraph (a) of subsection (1) of Section 2-3 of the
9 Juvenile Court Act of 1987 and the failure to perform
10 caretaking functions as defined in subsection (c) of
11 Section 600 of the Illinois Marriage and Dissolution of
12 Marriage Act.
13 (b) A court of this State that is competent to adjudicate
14parentage has jurisdiction to make the findings necessary to
15enable a child, who is the subject of a proceeding to
16adjudicate parentage, to petition the United States
17Citizenship and Immigration Services for classification as a
18Special Immigrant Juvenile under Section 1101(a)(27)(J) of
19Title 8 of the United States Code.
20 (c) If a motion requests findings regarding Special
21Immigrant Juvenile Status under Section 1101(a)(27)(J) of
22Title 8 of the United States Code, and the evidence, which may
23consist solely of, but is not limited to, a declaration by the
24child, supports the findings, the court shall issue an order,
25that includes the following findings:
26 (1)(A) the child is declared a dependent of the court;

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1 or (B) the child is placed under the custody of an
2 individual or entity appointed by the court; and
3 (2) that reunification of the child with one or both of
4 the child's parents is not viable due to abuse, neglect,
5 abandonment, or other similar basis; and
6 (3) that it is not in the best interest of the child to
7 be returned to the child's or parent's previous country of
8 nationality or last habitual residence.
9 (d) In any proceedings in response to a motion that the
10court make the findings necessary to support a petition for
11classification as a Special Immigrant Juvenile, information
12regarding the immigration status of the child, the child's
13parent, or the child's guardian that is not otherwise protected
14by State confidentiality laws shall remain confidential and
15shall be available for inspection only by the court, the child
16who is the subject of the proceeding, the parties, the
17attorneys for the parties, the child's counsel, and the child's
18parent or guardian.
19 Section 20. The Adoption Act is amended by adding Section
2017.01 as follows:
21 (750 ILCS 50/17.01 new)
22 Sec. 17.01. Special immigrant child findings.
23 (a) For the purpose of making a finding under this Section:
24 "Abuse" has the meaning ascribed to that term in

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1 subsection (1) of Section 103 of the Illinois Domestic
2 Violence Act of 1986.
3 "Abandonment" includes, but is not limited to, the
4 failure of a parent to maintain a reasonable degree of
5 interest, concern, or responsibility for the welfare of the
6 child or when one or both of the child's parents are
7 deceased or cannot be reasonably located.
8 "Neglect" includes the meaning ascribed to the term in
9 paragraph (a) of subsection (1) of Section 2-3 of the
10 Juvenile Court Act of 1987 and the failure to perform
11 caretaking functions as defined in subsection (c) of
12 Section 600 of the Illinois Marriage and Dissolution of
13 Marriage Act.
14 (b) A court of this State that is competent to adjudicate
15adoption petitions has jurisdiction to make the findings
16necessary to enable a child, who is the subject of a pending
17adoption petition, to petition the United States Citizenship
18and Immigration Services for classification as a Special
19Immigrant Juvenile under Section 1101(a)(27)(J) of Title 8 of
20the United States Code.
21 (c) If a motion requests findings regarding Special
22Immigrant Juvenile Status under Section 1101(a)(27)(J) of
23Title 8 of the United States Code, and the evidence, which may
24consist solely of, but is not limited to, a declaration by the
25child, supports the findings, the court shall issue an order,
26that includes the following findings:

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1 (1)(A) the child is declared a dependent of the court;
2 or (B) the child is legally committed to, or placed under
3 the custody of, a State agency or department or an
4 individual or entity appointed by the court; and
5 (2) that reunification of the child with one or both of
6 the child's parents is not viable due to abuse, neglect,
7 abandonment, or other similar basis; and
8 (3) that it is not in the best interest of the child to
9 be returned to the child's or parent's previous country of
10 nationality or last habitual residence.
11 Section 25. The Illinois Domestic Violence Act of 1986 is
12amended by adding Section 214.5 as follows:
13 (750 ILCS 60/214.5 new)
14 Sec. 214.5. Special immigrant child findings.
15 (a) For the purpose of making a finding under this Section:
16 "Abuse" has the meaning ascribed to that term in
17 subsection (1) of Section 103 of the Illinois Domestic
18 Violence Act of 1986.
19 "Abandonment" includes, but is not limited to, the
20 failure of a parent to maintain a reasonable degree of
21 interest, concern, or responsibility for the welfare of the
22 child or when one or both of the child's parents are
23 deceased or cannot be reasonably located.
24 "Neglect" includes the meaning ascribed to the term in

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

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1 (3) that it is not in the best interest of the child to
2 be returned to the child's or parent's previous country of
3 nationality or last habitual residence.
4 (d) In any proceedings in response to a motion that the
5court make the findings necessary to support a petition for
6classification as a Special Immigrant Juvenile, information
7regarding the immigration status of the child, the child's
8parent, or the child's guardian that is not otherwise protected
9by State confidentiality laws shall remain confidential and
10shall be available for inspection only by the court, the child
11who is the subject of the proceeding, the parties, the
12attorneys for the parties, the child's counsel, and the child's
13parent or guardian.
14 Section 30. The Probate Act of 1975 is amended by adding
15Section 11-5.5 as follows:
16 (755 ILCS 5/11-5.5 new)
17 Sec. 11-5.5. Special immigrant minor findings.
18 (a) For the purpose of making a finding under this Section:
19 "Abuse" has the meaning ascribed to that term in
20 subsection (1) of Section 103 of the Illinois Domestic
21 Violence Act of 1986.
22 "Abandonment" includes, but is not limited to, the
23 failure of a parent to maintain a reasonable degree of
24 interest, concern, or responsibility for the welfare of the

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

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