093_HB2203eng

 
HB2203 Engrossed                     LRB093 06578 RLC 06705 b

 1        AN ACT in relation to minors.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Juvenile Court Act of 1987 is amended  by
 5    adding Section 2-4a as follows:

 6        (705 ILCS 405/2-4a new)
 7        Sec. 2-4a.  Special immigrant minor.
 8        (a)  Except  as otherwise provided in this Act, a special
 9    immigrant minor under 18 years of age who  has  been  made  a
10    ward  of  the  court  may be deemed eligible by the court for
11    long-term foster care due to abuse, neglect,  or  abandonment
12    and remain under the jurisdiction of the juvenile court until
13    his  or  her special immigrant juvenile status and adjustment
14    of status applications are adjudicated.  The  petition  filed
15    on  behalf of the special immigrant minor must allege that he
16    or she otherwise  satisfies  the  prerequisites  for  special
17    immigrant  juvenile  status  pursuant  to  8  U.S.C.  Section
18    1101(a)(27)(J)  and must state the custodial status sought on
19    behalf of the minor.
20        (b)  For the purposes of this Section, a  juvenile  court
21    may make a finding that a special immigrant minor is eligible
22    for  long  term  foster care if the court makes the following
23    findings:
24             (1)  That   a   reasonable   diligent   search   for
25        biological parents,  prior  adoptive  parents,  or  prior
26        legal guardians has been conducted; and
27             (2)  That  reunification with the minor's biological
28        parents or prior adoptive parents is not a viable option.
29        (c)  For the purposes of this Section:
30             (1)  The term "abandonment" means the failure  of  a
31        parent  or legal guardian to maintain a reasonable degree
 
HB2203 Engrossed            -2-      LRB093 06578 RLC 06705 b
 1        of interest, concern, or responsibility for  the  welfare
 2        of his or her minor child or ward.
 3             (2)  The  term  "special  immigrant  minor" means an
 4        immigrant minor who (i) is present in the  United  States
 5        and  has  been made a ward of the court and (ii) for whom
 6        it has been determined by the juvenile  court  or  in  an
 7        administrative  or  judicial proceeding that it would not
 8        be in his or her best interests to be returned to his  or
 9        her  previous  country  of nationality or country of last
10        habitual residence.
11        (d)  This Section does not apply to a minor  who  applies
12    for  special immigrant minor status solely for the purpose of
13    qualifying for financial assistance for himself or herself or
14    for his or her parents, guardian, or custodian.

15        Section 99. Effective date. This Act  takes  effect  upon
16    becoming law.