Full Text of HB1553 101st General Assembly
HB1553ham001 101ST GENERAL ASSEMBLY | Rep. Jennifer Gong-Gershowitz Filed: 2/27/2019
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| 1 | | AMENDMENT TO HOUSE BILL 1553
| 2 | | AMENDMENT NO. ______. Amend House Bill 1553 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing 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 | 9 | | necessary to enable a minor Except as otherwise provided in | 10 | | this
Act, a special immigrant minor under 18 years of age who | 11 | | has been adjudicated made a ward
of the court to petition the | 12 | | United States Citizenship and Immigration Services for | 13 | | classification as a special immigrant juvenile under 8 U.S.C. | 14 | | 1101(a)(27)(J). A minor for whom the court finds under | 15 | | subsection (b) shall may be deemed eligible by the court for | 16 | | long-term foster care due
to abuse, neglect, or abandonment and |
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| 1 | | remain under the jurisdiction of the
juvenile court until his | 2 | | or her special immigrant juvenile petition is filed with the | 3 | | United States Citizenship and Immigration Services, or its | 4 | | successor agency status and
adjustment of status applications | 5 | | are adjudicated . The petition filed on
behalf of the special | 6 | | immigrant minor must allege that he or she otherwise
satisfies | 7 | | the prerequisites for special immigrant juvenile status | 8 | | pursuant to 8
U.S.C. Section 1101(a)(27)(J) and must state the | 9 | | custodial status sought on
behalf of the minor.
| 10 | | (b) If a motion requests findings regarding Special | 11 | | Immigrant Juvenile Status under 8 U.S.C. 1101(a)(27)(J) and the | 12 | | evidence, which may consist solely of, but is not limited to, a | 13 | | declaration of the minor, supports the findings, the court | 14 | | shall issue an order that includes For the purposes of this | 15 | | Section, a juvenile court may make a finding
that a special | 16 | | immigrant minor is eligible for long term foster care if the
| 17 | | court makes the following findings:
| 18 | | (1) (A) the minor is declared a dependent of the court; | 19 | | or (B) the minor is legally committed to, or placed under | 20 | | the custody of, a State agency or department, or an | 21 | | individual or entity appointed by the court; and That a | 22 | | reasonable diligent search for biological parents, prior
| 23 | | adoptive parents, or prior legal guardians has been | 24 | | conducted; and
| 25 | | (2) that reunification of the minor with one or both of | 26 | | the minor's parents is not viable due to abuse, neglect, |
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| 1 | | abandonment, or other similar basis; and That | 2 | | reunification with the minor's biological parents or prior
| 3 | | adoptive
parents is not a viable option.
| 4 | | (3) that it is not in the best interest of the minor to | 5 | | be returned to the minor's or parent's previous country of | 6 | | nationality or last habitual residence. | 7 | | (c) In For the purposes of this Section:
| 8 | | (1) The term "abandonment" means , but is not limited | 9 | | to, the failure of a parent or legal guardian
to maintain a | 10 | | reasonable degree of interest, concern, or responsibility | 11 | | for the
welfare of his or her minor child or ward.
| 12 | | (2) (Blank). The term "special immigrant minor" means | 13 | | an immigrant minor who (i) is
present in the United States | 14 | | and has been made a ward of the court
and (ii) for whom it | 15 | | has been determined by the juvenile court or in an
| 16 | | administrative or
judicial proceeding that it would not be | 17 | | in his or her best interests to be
returned to his or her | 18 | | previous country of nationality or country of last
habitual | 19 | | residence.
| 20 | | (d) (Blank). This Section does not apply to a minor who | 21 | | applies for special immigrant
minor status solely for the | 22 | | purpose of qualifying for financial assistance for
himself or | 23 | | herself or for his or her parents, guardian, or custodian.
| 24 | | (Source: P.A. 93-145, eff. 7-10-03.)
| 25 | | Section 10. The Illinois Marriage and Dissolution of |
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| 1 | | Marriage Act is amended by adding Section 603.11 as follows: | 2 | | (750 ILCS 5/603.11 new) | 3 | | Sec. 603.11. Special immigrant child findings. | 4 | | (a) For the purpose of making a finding under this Section: | 5 | | "Abuse" has the meaning ascribed to that term in | 6 | | subsection (1) of Section 103 of the Illinois Domestic | 7 | | Violence Act of 1986. | 8 | | "Abandonment" includes, but is not limited to, the | 9 | | failure of a parent to maintain a reasonable degree of | 10 | | interest, concern, or responsibility for the welfare of the | 11 | | child or when one or both of the child's parents are | 12 | | deceased or cannot be reasonably located. | 13 | | "Neglect" includes the meaning ascribed to the term in | 14 | | paragraph (a) of subsection (1) of Section 2-3 of the | 15 | | Juvenile Court Act of 1987 and the failure to perform | 16 | | caretaking functions as defined in subsection (c) of | 17 | | Section 600. | 18 | | (b) A court of this State that is competent to allocate | 19 | | parenting responsibilities has jurisdiction to make the | 20 | | findings necessary to enable a child, who is the subject of a | 21 | | petition to allocate parenting responsibilities, to petition | 22 | | the United States Citizenship and Immigration Services for | 23 | | classification as a Special Immigrant Juvenile under Section | 24 | | 1101(a)(27)(J) of Title 8 of the United States Code. | 25 | | (c) If a motion requests findings regarding Special |
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| 1 | | Immigrant Juvenile Status under Section 1101(a)(27)(J) of | 2 | | Title 8 of the United States Code, and the evidence, which may | 3 | | consist solely of, but is not limited to, a declaration by the | 4 | | child, supports the findings, the court shall issue an order, | 5 | | that includes the following findings: | 6 | | (1)(A) the child is declared a dependent of the court; | 7 | | or (B) the child is placed under the custody of an | 8 | | individual or entity appointed by the court; and | 9 | | (2) that reunification of the child with one or both of | 10 | | the child's parents is not viable due to abuse, neglect, | 11 | | abandonment, or other similar basis; and | 12 | | (3) that it is not in the best interest of the child to | 13 | | be returned to the child's or parent's previous country of | 14 | | nationality or last habitual residence. | 15 | | (d) In any proceedings in response to a motion that the | 16 | | court make the findings necessary to support a petition for | 17 | | classification as a Special Immigrant Juvenile, information | 18 | | regarding the immigration status of the child, the child's | 19 | | parent, or the child's guardian that is not otherwise protected | 20 | | by State confidentiality laws shall remain confidential and | 21 | | shall be available for inspection only by the court, the child | 22 | | who is the subject of the proceeding, the parties, the | 23 | | attorneys for the parties, the child's counsel, and the child's | 24 | | parent or guardian. | 25 | | Section 15. The Illinois Parentage Act of 2015 is amended |
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| 1 | | by adding Section 613.5 as follows: | 2 | | (750 ILCS 46/613.5 new) | 3 | | Sec. 613.5. Special immigrant child findings. | 4 | | (a) For the purpose of making a finding under this Section: | 5 | | "Abuse" has the meaning ascribed to that term in | 6 | | subsection (1) of Section 103 of the Illinois Domestic | 7 | | Violence Act of 1986. | 8 | | "Abandonment" includes, but is not limited to, the | 9 | | failure of a parent to maintain a reasonable degree of | 10 | | interest, concern, or responsibility for the welfare of the | 11 | | child or when one or both of the child's parents are | 12 | | deceased or cannot be reasonably located. | 13 | | "Neglect" includes the meaning ascribed to the term in | 14 | | paragraph (a) of subsection (1) of Section 2-3 of the | 15 | | Juvenile Court Act of 1987 and the failure to perform | 16 | | caretaking functions as defined in subsection (c) of | 17 | | Section 600 of the Illinois Marriage and Dissolution of | 18 | | Marriage Act. | 19 | | (b) A court of this State that is competent to adjudicate | 20 | | parentage has jurisdiction to make the findings necessary to | 21 | | enable a child, who is the subject of a proceeding to | 22 | | adjudicate parentage, to petition the United States | 23 | | Citizenship and Immigration Services for classification as a | 24 | | Special Immigrant Juvenile under Section 1101(a)(27)(J) of | 25 | | Title 8 of the United States Code. |
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| 1 | | (c) If a motion requests findings regarding Special | 2 | | Immigrant Juvenile Status under Section 1101(a)(27)(J) of | 3 | | Title 8 of the United States Code, and the evidence, which may | 4 | | consist solely of, but is not limited to, a declaration by the | 5 | | child, supports the findings, the court shall issue an order, | 6 | | that includes the following findings: | 7 | | (1)(A) the child is declared a dependent of the court; | 8 | | or (B) the child is placed under the custody of an | 9 | | individual or entity appointed by the court; and | 10 | | (2) that reunification of the child with one or both of | 11 | | the child's parents is not viable due to abuse, neglect, | 12 | | abandonment, or other similar basis; and | 13 | | (3) that it is not in the best interest of the child to | 14 | | be returned to the child's or parent's previous country of | 15 | | nationality or last habitual residence. | 16 | | (d) In any proceedings in response to a motion that the | 17 | | court make the findings necessary to support a petition for | 18 | | classification as a Special Immigrant Juvenile, information | 19 | | regarding the immigration status of the child, the child's | 20 | | parent, or the child's guardian that is not otherwise protected | 21 | | by State confidentiality laws shall remain confidential and | 22 | | shall be available for inspection only by the court, the child | 23 | | who is the subject of the proceeding, the parties, the | 24 | | attorneys for the parties, the child's counsel, and the child's | 25 | | parent or guardian. |
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| 1 | | Section 20. The Adoption Act is amended by adding Section | 2 | | 17.01 as follows: | 3 | | (750 ILCS 50/17.01 new) | 4 | | Sec. 17.01. Special immigrant child findings. | 5 | | (a) For the purpose of making a finding under this Section: | 6 | | "Abuse" has the meaning ascribed to that term in | 7 | | subsection (1) of Section 103 of the Illinois Domestic | 8 | | Violence Act of 1986. | 9 | | "Abandonment" includes, but is not limited to, the | 10 | | failure of a parent to maintain a reasonable degree of | 11 | | interest, concern, or responsibility for the welfare of the | 12 | | child or when one or both of the child's parents are | 13 | | deceased or cannot be reasonably located. | 14 | | "Neglect" includes the meaning ascribed to the term in | 15 | | paragraph (a) of subsection (1) of Section 2-3 of the | 16 | | Juvenile Court Act of 1987 and the failure to perform | 17 | | caretaking functions as defined in subsection (c) of | 18 | | Section 600 of the Illinois Marriage and Dissolution of | 19 | | Marriage Act. | 20 | | (b) A court of this State that is competent to adjudicate | 21 | | adoption petitions has jurisdiction to make the findings | 22 | | necessary to enable a child, who is the subject of a pending | 23 | | adoption petition, to petition the United States Citizenship | 24 | | and Immigration Services for classification as a Special | 25 | | Immigrant Juvenile under Section 1101(a)(27)(J) of Title 8 of |
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| 1 | | the United States Code. | 2 | | (c) If a motion requests findings regarding Special | 3 | | Immigrant Juvenile Status under Section 1101(a)(27)(J) of | 4 | | Title 8 of the United States Code, and the evidence, which may | 5 | | consist solely of, but is not limited to, a declaration by the | 6 | | child, supports the findings, the court shall issue an order, | 7 | | that includes the following findings: | 8 | | (1)(A) the child is declared a dependent of the court; | 9 | | or (B) the child is legally committed to, or placed under | 10 | | the custody of, a State agency or department or an | 11 | | individual or entity appointed by the court; and | 12 | | (2) that reunification of the child with one or both of | 13 | | the child's parents is not viable due to abuse, neglect, | 14 | | abandonment, or other similar basis; and | 15 | | (3) that it is not in the best interest of the child to | 16 | | be returned to the child's or parent's previous country of | 17 | | nationality or last habitual residence. | 18 | | Section 25. The Illinois Domestic Violence Act of 1986 is | 19 | | amended by adding Section 214.5 as follows: | 20 | | (750 ILCS 60/214.5 new) | 21 | | Sec. 214.5. 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 issue an | 14 | | order of protection has jurisdiction to make the findings | 15 | | necessary to enable a child, who is a subject of or a minor | 16 | | child included in a petition for an order of protection, to | 17 | | petition the United States Citizenship and Immigration | 18 | | Services for classification as a Special Immigrant Juvenile | 19 | | under Section 1101(a)(27)(J) of Title 8 of the United States | 20 | | Code. | 21 | | (c) If a motion requests findings regarding Special | 22 | | Immigrant Juvenile Status under Section 1101(a)(27)(J) of | 23 | | Title 8 of the United States Code, and the evidence, which may | 24 | | consist solely of, but is not limited to, a declaration by the | 25 | | child, supports the findings, the court shall issue an order, | 26 | | that 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 | | (d) In any proceedings in response to a motion that the | 12 | | court make the findings necessary to support a petition for | 13 | | classification as a Special Immigrant Juvenile, information | 14 | | regarding the immigration status of the child, the child's | 15 | | parent, or the child's guardian that is not otherwise protected | 16 | | by State confidentiality laws shall remain confidential and | 17 | | shall be available for inspection only by the court, the child | 18 | | who is the subject of the proceeding, the parties, the | 19 | | attorneys for the parties, the child's counsel, and the child's | 20 | | parent or guardian. | 21 | | Section 30. The Probate Act of 1975 is amended by adding | 22 | | Section 11-5.5 as follows: | 23 | | (755 ILCS 5/11-5.5 new) | 24 | | Sec. 11-5.5. Special immigrant minor findings. |
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| 1 | | (a) For the purpose of making a finding under this Section: | 2 | | "Abuse" has the meaning ascribed to that term in | 3 | | subsection (1) of Section 103 of the Illinois Domestic | 4 | | Violence Act of 1986. | 5 | | "Abandonment" includes, but is not limited to, the | 6 | | failure of a parent to maintain a reasonable degree of | 7 | | interest, concern, or responsibility for the welfare of the | 8 | | minor or when one or both of the minor's parents are | 9 | | deceased or cannot be reasonably located. | 10 | | "Neglect" includes the meaning ascribed to the term in | 11 | | paragraph (a) of subsection (1) of Section 2-3 of the | 12 | | Juvenile Court Act of 1987 and the failure to perform | 13 | | caretaking functions as defined in subsection (c) of | 14 | | Section 600 of the Illinois Marriage and Dissolution of | 15 | | Marriage Act. | 16 | | (b) A court of this State that is competent to adjudicate a | 17 | | petition for guardianship has jurisdiction to make the findings | 18 | | necessary to enable a minor, who is the subject of a petition | 19 | | for guardianship, to petition the United States Citizenship and | 20 | | Immigration Services for classification as a Special Immigrant | 21 | | Juvenile under Section 1101(a)(27)(J) of Title 8 of the United | 22 | | States Code. | 23 | | (c) If a motion requests findings regarding Special | 24 | | Immigrant Juvenile Status under Section 1101(a)(27)(J) of | 25 | | Title 8 of the United States Code, and the evidence, which may | 26 | | consist solely of, but is not limited to, a declaration by the |
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| 1 | | minor, supports the findings, the court shall issue an order, | 2 | | that includes the following findings: | 3 | | (1)(A) the minor is declared a dependent of the court; | 4 | | or (B) the minor is legally committed to, or placed under | 5 | | the custody of, a State agency or department or an | 6 | | individual or entity appointed by the court; and | 7 | | (2) that reunification of the minor with one or both of | 8 | | the minor's parents is not viable due to abuse, neglect, | 9 | | abandonment, or other similar basis; and | 10 | | (3) that it is not in the best interest of the minor to | 11 | | be returned to the minor's or parent's previous country of | 12 | | nationality or last habitual residence. | 13 | | (d) In any proceedings in response to a motion that the | 14 | | court make the findings necessary to support a petition for | 15 | | classification as a Special Immigrant Juvenile, information | 16 | | regarding the immigration status of the minor, the minor's | 17 | | parent, or the minor's guardian that is not otherwise protected | 18 | | by State confidentiality laws shall remain confidential and | 19 | | shall be available for inspection only by the court, the minor | 20 | | who is the subject of the proceeding, the parties, the | 21 | | attorneys for the parties, the minor's counsel, and the minor's | 22 | | parent or guardian. ".
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