Illinois General Assembly - Bill Status for HB5125

Creates the Immigrant Family Preservation Act. Provides that the Department of Children and Family Services shall determine, at the time a decision to take protective custody of a minor is made, whether the minor has any Mexican lineage; provides that the Department shall inform any Mexican minor, and any parent or custodian of a Mexican or Mexican-American minor, of the rights afforded under certain international agreements. Requires the Department to notify the Consulate General of Mexico in Chicago of certain information in connection with Mexican minors. Provides for interviews with Mexican or Mexican-American minors by a Consular representative. Requires the Department to work with the Consulate to obtain necessary documentation in the case of minors eligible for Special Immigrant Juvenile Status. Contains other provisions relating to Mexican and Mexican-American minors who have contact with the Department of Children and Family Services.

Replaces everything after the enacting clause. Creates the Immigrant Family Preservation Act. Provides that the Department of Children and Family Services shall inquire, at the time a decision to take protective custody of a minor is made, whether the minor is a foreign national minor or minor holding dual nationality. Provides that the Department shall provide to any such minor, and any parent or custodian of such minor, information, in English and the minor's native language, explaining the protective custody process and the rights of the minor and his or her parents or custodian, including those rights afforded under the Vienna Convention, and the address and telephone number of the nearest consulate serving the minor. Requires the Department to promulgate rules under which it would notify the appropriate consulate in writing in a timely manner after the occurrence of certain events. Provides that any foreign national minor or minor holding dual nationality in the custody of the Department may be interviewed by a representative of the consulate of the country of the child's nationality. Provides that the Department may request that a consulate obtain through the foreign country's child welfare agency the appropriate home studies of potential families in such country who may be involved in the case and forward the information to the departmental caseworker directly responsible for the case. Contains other provisions concerning confidentiality, Special Immigrant Juvenile Status, proof of nationality, witnesses, ongoing communication between Department staff and consular officers, immunity of a consulate and its consular agents, and other matters. Provides that neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any rulemaking authority under the Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly's discretion.

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