Illinois Compiled Statutes
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750 ILCS 46/613.5
(750 ILCS 46/613.5)
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.
(Source: P.A. 101-121, eff. 11-25-19 (see P.A. 101-592 for the effective date of changes made by P.A. 101-121).)