093_HB2203ham001

 










                                     LRB093 06578 RLC 12354 a

 1                    AMENDMENT TO HOUSE BILL 2203

 2        AMENDMENT NO.     .  Amend House Bill 2203 as follows:

 3    by replacing everything after the enacting  clause  with  the
 4    following:

 5        "Section 5.  The Juvenile Court Act of 1987 is amended by
 6    adding Section 2-4a as follows:

 7        (705 ILCS 405/2-4a new)
 8        Sec. 2-4a.  Special immigrant minor.
 9        (a)  Except  as otherwise provided in this Act, a special
10    immigrant minor under 18 years of age who  has  been  made  a
11    ward  of  the  court  may be deemed eligible by the court for
12    long-term foster care due to abuse, neglect,  or  abandonment
13    and remain under the jurisdiction of the juvenile court until
14    his  or  her special immigrant juvenile status and adjustment
15    of status applications are adjudicated.  The  petition  filed
16    on  behalf of the special immigrant minor must allege that he
17    or she otherwise  satisfies  the  prerequisites  for  special
18    immigrant  juvenile  status  pursuant  to  8  U.S.C.  Section
19    1101(a)(27)(J)  and must state the custodial status sought on
20    behalf of the minor.
21        (b)  For the purposes of this Section, a  juvenile  court
 
                            -2-      LRB093 06578 RLC 12354 a
 1    may make a finding that a special immigrant minor is eligible
 2    for  long  term  foster care if the court makes the following
 3    findings:
 4             (1)  That   a   reasonable   diligent   search   for
 5        biological parents,  prior  adoptive  parents,  or  prior
 6        legal guardians has been conducted; and
 7             (2)  That  reunification with the minor's biological
 8        parents, prior adoptive parents, or prior legal  guardian
 9        is not a viable option.
10        (c)  For the purposes of this Section:
11             (1)  The  term  "abandonment" means the failure of a
12        parent or legal guardian to maintain a reasonable  degree
13        of  interest,  concern, or responsibility for the welfare
14        of his or her minor child or ward.
15             (2)  The term "special  immigrant  minor"  means  an
16        immigrant  minor  who (i) is present in the United States
17        and has been made a ward of the court and (ii)  for  whom
18        it  has  been determined in an administrative or judicial
19        proceeding that it would  not  be  in  his  or  her  best
20        interests to be returned to his or her previous county of
21        nationality or country of last habitual residence.
22        (d)  This  Section  does not apply to a minor who applies
23    for special immigrant minor status solely for the purpose  of
24    qualifying for financial assistance for himself or herself or
25    for his or her parents, guardian, or custodian.

26        Section  99.  Effective date.  This Act takes effect upon
27    becoming law.".