Illinois General Assembly - Full Text of HB4813

LRB104 16227 RLC 29611 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4813

Introduced , by Rep. Lilian Jiménez

SYNOPSIS AS INTRODUCED:

705 ILCS 405/2-13.05 new

Amends the Juvenile Court Act of 1987. Provides that when an unaccompanied minor in the custody of the federal Office of Refugee Resettlement placed in a facility in the State has been subjected to parental abuse or neglect as defined in the Act or subjected to the parental actions and omissions listed in the Act, a representative of the minor may file a petition for a dependency order with the court in the judicial circuit where the minor is placed. Describes the contents of the petition. Provides that the statements in the petition may be made upon information and belief. Provides that the petition must not name the minor's parent as a respondent. Provides that the petition must state clearly that parental rights may not be terminated through these proceedings. Provides that the court shall schedule a hearing within 35 days after the petition is filed, unless a motion is made for an immediate hearing because the minor is approaching 18 years of age or other emergent circumstances, in which case the court shall schedule the hearing within 7 days. Provides that, if the court finds the statements in the petition are supported by a preponderance of the evidence, the court shall find the minor dependent on the court. Provides that a minor found dependent on the court is eligible for oversight and services by the Department of Children and Family Services. Provides that, upon request, the court may also issue an order establishing the minor's eligibility for classification as a special immigrant juvenile under federal law. Provides that the order may be entered at any time following the filing of the petition or at the hearing. Provides that the court shall not alter the minor's custody status or placement unless the U.S. Department of Health and Human Services provides specific consent. Provides that the court may retain jurisdiction over the minor until the minor attains 18 years of age or until further order of the court. Defines "dependent on the court".

A BILL FOR

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 adding Section 2-13.05 as follows:

(705 ILCS 405/2-13.05 new)

Sec. 2-13.05. Petition for dependency order for an unaccompanied minor in federal custody.

(1) In this Section, "dependent on the court" means:

(A) the minor is under the court's jurisdiction;

(B) the minor was at any time adjudicated a neglected or dependent minor, as described in Section 2-3 or 2-4, or that the court has found sufficient evidence that the minor has been subjected to abuse or neglect, as defined in Section 2-3; and

(C) the minor is in need of oversight and supportive services as determined by the court.

(2) When an unaccompanied minor in the custody of the federal Office of Refugee Resettlement placed in a facility in this State has been subjected to parental abuse or neglect as defined in Section 2-3 or subjected to the parental actions and omissions listed in Section 2-3, a representative of the minor may file a petition for a dependency order pursuant to this Section with the court in the judicial circuit where the minor is placed.

(3)(a) The petition must: (i) set forth the facts that bring the minor under the court's jurisdiction pursuant to subsection (2); (ii) state the minor's name, age, and country of birth; and (iii) identify the facility in this State where the minor is placed in the custody of the federal Office of Refugee Resettlement.

(b) The statements in the petition may be made upon information and belief.

(c) The petition must not name the minor's parent as a respondent. The petition must state clearly that parental rights may not be terminated through proceedings under this Section.

(4) The court shall schedule a hearing within 35 days after the petition is filed, unless a motion is made for a immediate hearing because the minor is approaching 18 years of age or other emergent circumstances, in which case the court shall schedule the hearing within 7 days. If the court finds the statements in the petition are supported by a preponderance of the evidence, the court shall find the minor dependent on the court. A minor found dependent on the court pursuant to this Section is eligible for oversight and services by the Department of Children and Family Services. Upon request, the court may also issue an order establishing the minor's eligibility for classification as a special immigrant juvenile under federal law. The order may be entered at any time following the filing of the petition or at the hearing.

(5) The court shall not alter the minor's custody status or placement unless the U.S. Department of Health and Human Services provides specific consent.

(6) The court may retain jurisdiction over the minor until the minor attains 18 years of age or until further order of the court.