Bill Title: Reinserts the provisions of the introduced bill. Deletes language providing that the special immigrant minor provisions of the Juvenile Court Act of 1987 do not apply to a minor who applies for special immigrant minor status solely for the purpose of qualifying for financial assistance for himself or herself or for his or her parents, guardian, or custodian. Amends the Illinois Marriage and Dissolution of Marriage Act, Illinois Parentage Act of 2015, the Adoption Act, and the Probate Act of 1975. Provides that a court of the State that is competent to petitions under those Acts has jurisdiction to make the findings necessary to enable a child, who is the subject of the action, to petition the United States Citizenship and Immigration Services for classification as a Special Immigrant Juvenile under federal law. Provides that if a motion requests findings regarding Special Immigrant Juvenile Status under federal law, 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 with certain specifications. Makes other changes.
Spectrum: Partisan Bill (Democrat 34-0)
Status: (Passed) 2019-07-23 - Public Act . . . . . . . . . 101-0121
[HB1553 Detail]Download: Illinois-2019-HB1553-Chaptered.html
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| Public Act 101-0121
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| HB1553 Enrolled | LRB101 08127 SLF 53193 b |
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by |
changing Section 2-4a as follows:
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(705 ILCS 405/2-4a)
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Sec. 2-4a. Special immigrant minor.
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(a) The court has jurisdiction to make the findings |
necessary to enable a minor Except as otherwise provided in |
this
Act, a special immigrant minor under 18 years of age who |
has been adjudicated made 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 may be deemed eligible by the court for |
long-term foster care due
to abuse, neglect, or abandonment and |
remain under the jurisdiction of the
juvenile court until his |
or her special immigrant juvenile petition is filed with the |
United States Citizenship and Immigration Services, or its |
successor agency status and
adjustment of status applications |
are adjudicated. The petition filed on
behalf of the special |
immigrant minor must allege that he or she otherwise
satisfies |
the prerequisites for special immigrant juvenile status |
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pursuant to 8
U.S.C. Section 1101(a)(27)(J) and must state the |
custodial status sought on
behalf of the minor.
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(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 For the purposes of this |
Section, a juvenile court may make a finding
that a special |
immigrant minor is eligible for long term foster care if the
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court makes the following findings:
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(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 That a |
reasonable diligent search for biological parents, prior
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adoptive parents, or prior legal guardians has been |
conducted; and
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(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 That |
reunification with the minor's biological parents or prior
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adoptive
parents is not a viable option.
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(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) In For the purposes of this Section:
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(1) The term "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.
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(2) (Blank). The term "special immigrant minor" means |
an immigrant minor who (i) is
present in the United States |
and has been made a ward of the court
and (ii) for whom it |
has been determined by the juvenile court or in an
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administrative or
judicial proceeding that it would not be |
in his or her best interests to be
returned to his or her |
previous country of nationality or country of last
habitual |
residence.
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(d) (Blank). This Section does not apply to a minor who |
applies for special immigrant
minor status solely for the |
purpose of qualifying for financial assistance for
himself or |
herself or for his or her parents, guardian, or custodian.
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(Source: P.A. 93-145, eff. 7-10-03.)
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Section 10. The Illinois Marriage and Dissolution of |
Marriage Act is amended by adding Section 603.11 as follows:
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(750 ILCS 5/603.11 new) |
Sec. 603.11. 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 |
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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. |
(b) A court of this State that is competent to allocate |
parenting responsibilities has jurisdiction to make the |
findings necessary to enable a child, who is the subject of a |
petition to allocate parenting responsibilities, 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 |
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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.
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Section 15. The Illinois Parentage Act of 2015 is amended |
by adding Section 613.5 as follows:
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(750 ILCS 46/613.5 new) |
Sec. 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 |
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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; |
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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.
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Section 20. The Adoption Act is amended by adding Section |
17.01 as follows:
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(750 ILCS 50/17.01 new) |
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 |
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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 |
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: |
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(1)(A) the child is declared a dependent of the 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 |
(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.
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Section 25. The Illinois Domestic Violence Act of 1986 is |
amended by adding Section 214.5 as follows:
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(750 ILCS 60/214.5 new) |
Sec. 214.5. 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 |
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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 issue an |
order of protection has jurisdiction to make the findings |
necessary to enable a child, who is a subject of or a minor |
child included in a petition for an order of protection, 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 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 child with one or both 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 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.
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Section 30. The Probate Act of 1975 is amended by adding |
Section 11-5.5 as follows:
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