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(750 ILCS 50/17.01) 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.
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"Abandonment" includes, but is not limited to, the
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| 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.
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"Neglect" includes the meaning ascribed to the term
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| 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.
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(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
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| 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
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(2) that reunification of the child with one or both
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| of the child's parents is not viable due to abuse, neglect, abandonment, or other similar basis; and
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(3) that it is not in the best interest of the child
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| to be returned to the child's or parent's previous country of nationality or last habitual residence.
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(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).)
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