101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4791

 

Introduced 2/18/2020, by Rep. Jennifer Gong-Gershowitz

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/1-4.2 new
755 ILCS 5/11-5.6 new
705 ILCS 405/2-4a rep.

    Amends the Juvenile Court Act of 1987. Relocates a provision regarding special immigrant minors from the Abused, Neglected, or Dependent Minors Article to the General Provisions Article. Amends the Probate Act of 1975. Provides that 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. Provides that a court making determinations concerning such a petition shall consider the best interest of the minor. Provides that an appointed guardian 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. Provides that a minor who is the subject of a petition for guardianship or for extension of guardianship may be referred for psychological, educational, medical, or social services under certain circumstances. Makes other changes. Effective immediately.


LRB101 17823 LNS 67256 b

 

 

A BILL FOR

 

HB4791LRB101 17823 LNS 67256 b

1    AN ACT concerning minors.
 
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
5adding Section 1-4.2 as follows:
 
6    (705 ILCS 405/1-4.2 new)
7    Sec. 1-4.2. Special immigrant minor.
8    (a) The court hearing a case under this Act has
9jurisdiction to make the findings necessary to enable a minor
10who has been adjudicated a ward of the court to petition the
11United States Citizenship and Immigration Services for
12classification as a special immigrant juvenile under 8 U.S.C.
131101(a)(27)(J). A minor for whom the court finds under
14subsection (b) shall remain under the jurisdiction of the court
15until his or her special immigrant juvenile petition is filed
16with the United States Citizenship and Immigration Services, or
17its successor agency.
18    (b) If a motion requests findings regarding Special
19Immigrant Juvenile Status under 8 U.S.C. 1101(a)(27)(J) and the
20evidence, which may consist solely of, but is not limited to, a
21declaration of the minor, supports the findings, the court
22shall issue an order that includes the following findings:
23        (1) the minor is:

 

 

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1            (i) declared a dependent of the court; or
2            (ii) legally committed to, or placed under the
3        custody of, a State agency or department, or an
4        individual or entity appointed by the court;
5        (2) that reunification of the minor with one or both of
6    the minor'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 minor to
9    be returned to the minor's or parent's previous country of
10    nationality or last habitual residence.
11    (c) For purposes of this Section:
12    "Abandonment" means, but is not limited to, the failure of
13a parent or legal guardian to maintain a reasonable degree of
14interest, concern, or responsibility for the welfare of his or
15her minor child or ward. "Abandonment" includes the definition
16of "dependency" provided in Section 2-4.
17    "Abuse" has the meaning provided in Section 2-3.
18    "Neglect" has the meaning provided in Section 2-3.
 
19    Section 10. The Probate Act of 1975 is amended by adding
20Section 11-5.6 as follows:
 
21    (755 ILCS 5/11-5.6 new)
22    Sec. 11-5.6. Appointment of guardian for person aged 18 to
2321 years; duties of guardian; additional services.
24    (a) For purposes of this Section, "minor" includes an

 

 

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1unmarried person who is less than 21 years old who consents to
2the appointment of or continuation of a guardian after the age
3of 18.
4    (b) A court making determinations under this Section shall
5consider the best interest of the minor, including his or her
6protection, well-being, care, and custody. The court shall make
7decisions regarding findings, orders, or referrals to support
8the health, safety, and welfare of a minor or to remedy the
9effects on a minor of abuse, neglect, abandonment, or similar
10circumstances. A court making determinations under this
11Section shall be acting as a juvenile court.
12    (c) A petition for guardianship of the person of a minor
13who is 18 years of age or older, but who has not yet attained 21
14years of age, may be filed by a parent, relative, or
15nonrelative person over the age of 21.
16    (d) With the consent of the minor, the court shall appoint
17a guardian of the person for a minor who is 18 years of age or
18older, but who has not yet attained 21 years of age, in
19connection with a motion for special findings pursuant to
20Section 11-5.5.
21    (e) At the request of, or with the consent of, the minor,
22the court shall extend an existing guardianship of the person
23for a minor over 18 years of age, for purposes of allowing the
24minor to request special findings pursuant to Section 11-5.5.
25    (f) A guardian appointed pursuant to this Section shall
26have responsibility for the custody, nurture, and tuition of

 

 

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1the minor, and shall have the right to determine the minor's
2residence based on the minor's best interest. This Section does
3not authorize the guardian to abrogate certain rights that a
4person who has attained 18 years of age may have under State
5law, including, but not limited to, decisions regarding the
6minor's medical treatment without the minor's express consent.
7    (g) A minor who is the subject of a petition for
8guardianship or for extension of guardianship under this
9Section may be referred for psychological, educational,
10medical, or social services that may be deemed necessary as a
11result of parental abuse, abandonment, or neglect, or for
12protection against trafficking or domestic violence.
13Participation in any referred services shall be voluntary.
 
14    (705 ILCS 405/2-4a rep.)
15    Section 15. The Juvenile Court Act of 1987 is amended by
16repealing Section 2-4a.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.