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1 | AN ACT concerning children.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Immigrant Family Preservation Act. | ||||||
6 | Section 5. Purpose. The purpose of this Act is to protect | ||||||
7 | the foreign national minors or minors holding dual nationality | ||||||
8 | throughout the United States, in particular the State of | ||||||
9 | Illinois. The General Assembly recognizes that foreign | ||||||
10 | national minors and minors holding dual nationality are | ||||||
11 | essential to the maintenance of the culture, traditions, and | ||||||
12 | values of their country of nationality. Therefore, this Act | ||||||
13 | provides a method of early identification of foreign national | ||||||
14 | minors and minors holding dual nationality and their families | ||||||
15 | in order to provide services that ensure all the protections | ||||||
16 | afforded by the Vienna Convention and all other applicable | ||||||
17 | treaties and laws.
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18 | The General Assembly recognizes that the governments of | ||||||
19 | foreign countries have a duty to care for the interests of | ||||||
20 | their citizens and nationals abroad, particularly those of | ||||||
21 | minors, as expressed in Article 5, Secs. (a) and (h), of the | ||||||
22 | Vienna Convention. The General Assembly also recognizes that it | ||||||
23 | is imperative that foreign consulates be notified, without |
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1 | delay, of guardianship as expressed by the Vienna Convention, | ||||||
2 | Article 37(b). The General Assembly further recognizes that | ||||||
3 | governments of foreign countries have a right to information | ||||||
4 | and access in all cases involving minors who are foreign | ||||||
5 | national minors and minors holding dual nationality.
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6 | The further purpose of this Act is to ensure compliance | ||||||
7 | with the Vienna Convention. The Vienna Convention provides for | ||||||
8 | consular notification and access in cases in which foreign | ||||||
9 | nationals are involved in legal proceedings. The Convention | ||||||
10 | places a special responsibility on the receiving state's | ||||||
11 | authorities, in this case, the Director of the Department, to | ||||||
12 | treat cases of foreign national minors and minors holding dual | ||||||
13 | nationality with particular care. The General Assembly | ||||||
14 | recognizes that the notification of consular authorities is | ||||||
15 | essential in these cases, not only because a legally binding | ||||||
16 | treaty dictates it, but also because foreign consulates provide | ||||||
17 | essential services that can mutually assist both the Department | ||||||
18 | and the consulates, as well as the individuals personally | ||||||
19 | affected.
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20 | Section 10. Definitions. In this Act: | ||||||
21 | "Agency" means the agency in a foreign country charged with | ||||||
22 | ensuring the welfare of minors who are nationals of that | ||||||
23 | country or who hold dual nationality in that country and the | ||||||
24 | United States.
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25 | "Custodian" means the nonparental caretaker of a foreign |
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1 | national minor or minor holding dual nationality who has been | ||||||
2 | entrusted by the parent of the minor with the day-to-day care | ||||||
3 | of the minor.
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4 | "Department" means the Department of Children and Family | ||||||
5 | Services.
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6 | "Foreign national minor" means an unmarried person who is | ||||||
7 | under the age of eighteen years, was born in a country other | ||||||
8 | than the United States, and has not acquired United States | ||||||
9 | citizenship as the biological child of a United States citizen.
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10 | "Minor holding dual nationality" means an unmarried person | ||||||
11 | who is under the age of eighteen years, bears United States | ||||||
12 | citizenship, and is eligible for nationality in another country | ||||||
13 | as the biological child of a parent who is national of that | ||||||
14 | country.
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15 | "Vienna Convention" means the Vienna Convention on | ||||||
16 | Consular Relations, 21 U.S.T. 77, T.I.A.S. No. 6820. | ||||||
17 | Section 15. Inquiry. The Department shall inquire, at the | ||||||
18 | time a decision to take protective custody of a minor is made, | ||||||
19 | whether the minor is a foreign national minor or minor holding | ||||||
20 | dual nationality. The Department shall provide to any such | ||||||
21 | minor, and any parent or custodian of such minor, information, | ||||||
22 | in English and the minor's native language, explaining the | ||||||
23 | protective custody process and the rights of the minor and his | ||||||
24 | or her parents or custodian, including those rights afforded | ||||||
25 | under the Vienna Convention, and the address and telephone |
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1 | number of the nearest consulate serving the minor. If the | ||||||
2 | Department learns at a later time that the minor is a foreign | ||||||
3 | national minor or minor holding dual nationality, then the | ||||||
4 | information shall be forwarded to the appropriate parties as | ||||||
5 | determined under this Act. | ||||||
6 | Section 20. Notification. | ||||||
7 | (a) The Department shall promulgate rules under which it | ||||||
8 | would notify the appropriate consulate in writing in a timely | ||||||
9 | manner after:
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10 | (1) the initial date the Department takes custody of a | ||||||
11 | foreign national minor or a minor holding dual nationality | ||||||
12 | or the date the Department learns that a minor in its | ||||||
13 | custody is a foreign national minor or a minor holding dual | ||||||
14 | nationality, whichever occurs first; | ||||||
15 | (2) the parent of a foreign national minor or a minor | ||||||
16 | holding dual nationality has requested that the consulate | ||||||
17 | be notified; or
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18 | (3) the Department determines that a noncustodial | ||||||
19 | parent of a foreign national minor or a minor holding dual | ||||||
20 | nationality in its custody resides in the country | ||||||
21 | represented by the consulate.
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22 | (b) The Department shall provide the consulate with the | ||||||
23 | name and date of birth of the foreign national minor or the | ||||||
24 | minor holding dual nationality, the name of his or her parent | ||||||
25 | or custodian, and the name and telephone number of the |
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1 | departmental caseworker directly responsible for the case.
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2 | (c) If the consulate needs additional specific information | ||||||
3 | regarding the case of the foreign national minor or the minor | ||||||
4 | holding dual nationality, the consulate may contact the | ||||||
5 | Department's Division of Guardian and Advocacy or the | ||||||
6 | Division's designee, and the Department may release any | ||||||
7 | information not required to be kept confidential under federal | ||||||
8 | or Illinois law.
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9 | Section 25. Confidentiality; further information.
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10 | (a) Disclosure of information under this Act is subject to | ||||||
11 | the same requirements of confidentiality as the disclosure of | ||||||
12 | information under the Juvenile Court Act of 1987 and the Abused | ||||||
13 | and Neglected Child Reporting Act.
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14 | (b) In order to respond to a consulate's need for specific | ||||||
15 | information regarding the cases of foreign national minors and | ||||||
16 | minors holding dual nationality, the Department shall | ||||||
17 | designate Department personnel who are responsible for | ||||||
18 | responding to requests from foreign consulates for such | ||||||
19 | information.
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20 | Section 30. Interview of minor by consular representative. | ||||||
21 | Any foreign national minor or minor holding dual nationality in | ||||||
22 | the custody of the Department may be interviewed by a | ||||||
23 | representative of the consulate of the country of the child's | ||||||
24 | nationality. In the case of a minor holding dual nationality, |
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1 | the Department's Guardianship Administrator or his or her | ||||||
2 | designee must consent to the interview. In order to arrange for | ||||||
3 | such an interview, the consulate shall contact the Department's | ||||||
4 | Division of Guardian and Advocacy or the Division's designee. | ||||||
5 | Section 35. Special Immigrant Juvenile Status. In cases in | ||||||
6 | which a foreign national minor has been placed as a ward of the | ||||||
7 | State of Illinois and has become eligible for Special Immigrant | ||||||
8 | Juvenile Status (SIJS) pursuant to 8 U.S.C. 101(a)(27)(J)(ii), | ||||||
9 | the Department may seek the assistance of the consulate of the | ||||||
10 | country of the child's nationality in obtaining the necessary | ||||||
11 | documentation from that country for completion of the SIJS | ||||||
12 | application. | ||||||
13 | Section 40. Proof of nationality. The Department's | ||||||
14 | Division of Guardian and Advocacy may obtain a birth | ||||||
15 | certificate from the appropriate country for a foreign national | ||||||
16 | minor or a minor holding dual nationality in the custody of the | ||||||
17 | Department. The Department may request the assistance of the | ||||||
18 | consulate in obtaining the necessary documentation to complete | ||||||
19 | the application for a birth certificate under this Section. | ||||||
20 | Section 45. DCFS assistance to foreign child welfare | ||||||
21 | agencies. | ||||||
22 | (a) Upon notification to a consulate pursuant to Section 20 | ||||||
23 | of this Act, the Department may request that the consulate |
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1 | obtain through the agency the appropriate home studies of | ||||||
2 | potential families in such country who may be involved in the | ||||||
3 | case and forward the information to the departmental caseworker | ||||||
4 | directly responsible for the case.
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5 | (b) When a foreign national minor is placed in his or her | ||||||
6 | country or a minor holding dual nationality is placed in the | ||||||
7 | country other than the United States in which he or she holds | ||||||
8 | nationality, the Department shall take all steps necessary to | ||||||
9 | obtain the cooperation of the consulate and the agency to | ||||||
10 | ensure the minor's welfare and provide whatever services are | ||||||
11 | needed. The Department shall request copies of the monitoring | ||||||
12 | reports prepared by the agency concerning the welfare of the | ||||||
13 | minor and shall ensure that such information is delivered to | ||||||
14 | the Department caseworker directly responsible for the case of | ||||||
15 | the minor.
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16 | Section 50. Witnesses. The Department may request the | ||||||
17 | cooperation of the appropriate consulate to locate individuals | ||||||
18 | who reside in a foreign country and are required to appear in | ||||||
19 | an Illinois court in connection with cases involving a foreign | ||||||
20 | national minor or a minor holding dual nationality, in order to | ||||||
21 | properly notify such individuals of court appearances. | ||||||
22 | Section 55. Ongoing communication. Department staff shall | ||||||
23 | meet as needed with consular officers in order to discuss, | ||||||
24 | clarify, and coordinate activities in areas of mutual interest |
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1 | and concern. The Department may participate with the consulates | ||||||
2 | in joint prevention efforts regarding the protection and | ||||||
3 | well-being of foreign national minors and minors holding dual | ||||||
4 | nationality and their families. In addition, the Department's | ||||||
5 | Division of Communications shall make every effort to exchange | ||||||
6 | with the consulates ideas and concerns of a high profile nature | ||||||
7 | that may result in media attention, in a timely manner. The | ||||||
8 | consulates may contact the Department's Division of Guardian | ||||||
9 | and Advocacy, Advocacy Office for Children and Families, or | ||||||
10 | Office of Inspector General at any time, however, | ||||||
11 | notwithstanding any other provision of this Act. | ||||||
12 | Section 60. Immunity. Except as otherwise expressly | ||||||
13 | provided in this Act, nothing in this Act shall be construed as | ||||||
14 | a waiver of immunities to which a consulate and its consular | ||||||
15 | agents are entitled to under international law, the Foreign | ||||||
16 | Sovereign Immunities Act of 1976, 28 U.S.C. 1602 et seq., and | ||||||
17 | international treaties in force between the United States and | ||||||
18 | foreign countries. Except as otherwise expressly provided in | ||||||
19 | this Act, this Act shall not imply or confer a submission by | ||||||
20 | any foreign country or its consular agents to the jurisdiction | ||||||
21 | of any United States or Illinois courts. | ||||||
22 | Section 65. No authority to make or promulgate rules. | ||||||
23 | Notwithstanding any other rulemaking authority that may exist, | ||||||
24 | neither the Governor nor any agency or agency head under the |
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1 | jurisdiction of the Governor has any authority to make or | ||||||
2 | promulgate rules to implement or enforce the provisions of this | ||||||
3 | Act. If, however, the Governor believes that rules are | ||||||
4 | necessary to implement or enforce the provisions of this Act, | ||||||
5 | the Governor may suggest rules to the General Assembly by | ||||||
6 | filing them with the Clerk of the House and Secretary of the | ||||||
7 | Senate and by requesting that the General Assembly authorize | ||||||
8 | such rulemaking by law, enact those suggested rules into law, | ||||||
9 | or take any other appropriate action in the General Assembly's | ||||||
10 | discretion. Nothing contained in this Act shall be interpreted | ||||||
11 | to grant rulemaking authority under any other Illinois statute | ||||||
12 | where such authority is not otherwise explicitly given. For the | ||||||
13 | purposes of this Act, "rules" is given the meaning contained in | ||||||
14 | Section 1-70 of the Illinois Administrative Procedure Act, and | ||||||
15 | "agency" and "agency head" are given the meanings contained in | ||||||
16 | Sections 1-20 and 1-25 of the Illinois Administrative Procedure | ||||||
17 | Act to the extent that such definitions apply to agencies or | ||||||
18 | agency heads under the jurisdiction of the Governor.
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