Bill Status of HB5125  95th General Assembly


Short Description:  DCFS-MEXICAN MINOR PROTECTION

House Sponsors
Rep. Edward J. Acevedo - Elizabeth Hernandez - Maria Antonia Berrios - Luis Arroyo - LaShawn K. Ford and Linda Chapa LaVia

Last Action
DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
New Act


Synopsis As Introduced
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.

House Committee Amendment No. 1
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.

Actions 
DateChamber Action
  2/13/2008HouseFiled with the Clerk by Rep. Edward J. Acevedo
  2/14/2008HouseFirst Reading
  2/14/2008HouseReferred to Rules Committee
  2/15/2008HouseAdded Chief Co-Sponsor Rep. Elizabeth Hernandez
  2/15/2008HouseAdded Chief Co-Sponsor Rep. Maria Antonia Berrios
  2/15/2008HouseAdded Chief Co-Sponsor Rep. Luis Arroyo
  2/20/2008HouseAssigned to International Trade & Commerce Committee
  3/4/2008HouseAdded Chief Co-Sponsor Rep. LaShawn K. Ford
  3/12/2008HouseHouse Committee Amendment No. 1 Filed with Clerk by International Trade & Commerce Committee
  3/12/2008HouseHouse Committee Amendment No. 1 Adopted in International Trade & Commerce Committee; by Voice Vote
  3/12/2008HouseDo Pass as Amended / Short Debate International Trade & Commerce Committee; 006-000-000
  3/13/2008HousePlaced on Calendar 2nd Reading - Short Debate
  4/1/2008HouseSecond Reading - Short Debate
  4/1/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/2/2008HouseRecalled to Second Reading - Short Debate
  4/2/2008HouseHeld on Calendar Order of Second Reading - Short Debate
  4/3/2008HouseSecond Reading - Short Debate
  4/3/2008HouseHeld on Calendar Order of Second Reading - Short Debate
  4/18/2008HouseFinal Action Deadline Extended-9(b) May 9, 2008
  4/28/2008HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  5/9/2008HouseFinal Action Deadline Extended-9(b) May 23, 2008
  5/23/2008HouseFinal Action Deadline Extended-9(b) May 31, 2008
  5/31/2008HouseRule 19(a) / Re-referred to Rules Committee
  1/13/2009HouseSession Sine Die