Public Act 102-0259
 
HB0369 EnrolledLRB102 02742 LNS 12745 b


  
    AN ACT concerning minors.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Juvenile Court Act of 1987 is amended by 
adding Section 1-4.2 as follows:
 
    (705 ILCS 405/1-4.2 new)
    Sec. 1-4.2. Special immigrant minor.
    (a) The court hearing a case under this Act has 
jurisdiction to make the findings necessary to enable a minor 
who has been adjudicated a ward of the court to petition the 
United States Citizenship and Immigration Services for 
classification as a special immigrant juvenile under 8 U.S.C. 
1101(a)(27)(J). A minor for whom the court finds under 
subsection (b) shall remain under the jurisdiction of the 
court until his or her special immigrant juvenile petition is 
filed with the United States Citizenship and Immigration 
Services, or its successor agency.
    (b) If a motion requests findings regarding Special 
Immigrant Juvenile Status under 8 U.S.C. 1101(a)(27)(J) and 
the evidence, which may consist solely of, but is not limited 
to, a declaration of the minor, supports the findings, the 
court shall issue an order that includes the following 
findings:
        (1) the minor is:
            (i) declared a dependent of the court; or
            (ii) legally committed to, or placed under the 
        custody of, a State agency or department, or an 
        individual or entity appointed by the court;
        (2) that reunification of the minor with one or both 
    of the minor'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 minor to 
    be returned to the minor's or parent's previous country of 
    nationality or last habitual residence.
    (c) For purposes of this Section:
    "Abandonment" means, but is not limited to, the failure of 
a parent or legal guardian to maintain a reasonable degree of 
interest, concern, or responsibility for the welfare of his or 
her minor child or ward. "Abandonment" includes the definition 
of "dependency" provided in Section 2-4.
    "Abuse" has the meaning provided in Section 2-3.
    "Neglect" has the meaning provided in Section 2-3.
 
    Section 10. The Probate Act of 1975 is amended  by changing 
Section 11-5.5 as follows:
 
    (755 ILCS 5/11-5.5)
    Sec. 11-5.5. Special immigrant minor findings; appointment 
of guardian for person aged 18 to 21 years; duties of guardian; 
additional services.
    (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 minor or when one or both of the minor'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 a 
petition for guardianship has jurisdiction to make the 
findings necessary to enable a minor, who is the subject of a 
petition for guardianship, 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 
minor, supports the findings, the court shall issue an order, 
that includes the following findings: 
        (1)(A) the minor is declared a dependent of the court; 
    or  (B) the minor 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 
        (2) that reunification of the minor with one or both 
    of the minor'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 minor to 
    be returned to the minor'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 minor, the minor's 
parent, or the minor'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 minor who is the subject of the proceeding, the 
parties, the attorneys for the parties, the minor's counsel, 
and the minor's parent or guardian.
    (e)(1) For purposes of this subsection, "minor" includes 
an unmarried person who is less than 21 years old who consents 
to the appointment of a guardian or the continuation of a 
guardianship after the age of 18.
    (2) A court making determinations under this subsection 
shall consider the best interest of the minor, including his 
or her protection, well-being, care, and custody. The court 
shall make decisions regarding findings, orders, or referrals 
to support the health, safety, and welfare of a minor or to 
remedy the effects on a minor of abuse, neglect, abandonment, 
or similar circumstances. A court making determinations under 
this subsection shall be acting as a juvenile court.
    (3) 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.
    (4) With the consent of the minor, the court shall appoint 
the petitioner as the guardian of the person for a minor who is 
18 years of age or older, but who has not yet attained 21 years 
of age, in connection with a motion for special findings under 
this Section.
    (5) At the request of, or with the consent of, the minor, 
the court shall extend an existing guardianship of the person 
for a minor over 18 years of age, for purposes of allowing the 
minor to request special findings under this Section.
    (6) A guardian appointed pursuant to this subsection 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. This subsection 
does not authorize the guardian to abrogate certain rights 
that a person who has attained 18 years of age may have under 
State law, including, but not limited to, decisions regarding 
the minor's medical treatment without the minor's express 
consent.
    (7) A minor who is the subject of a petition for 
guardianship or for extension of guardianship under this 
subsection may be referred for psychological, educational, 
medical, or social services that may be deemed necessary as a 
result of parental abuse, abandonment, or neglect, or for 
protection against trafficking or domestic violence. 
Participation in any referred services shall be voluntary.

(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).)
 
    (705 ILCS 405/2-4a rep.)
    Section 15. The Juvenile Court Act of 1987 is amended by 
repealing Section 2-4a.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  


Effective Date:  8/6/2021