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.