Illinois Compiled Statutes 705 ILCS 405/1-4.3 – Special immigrant minor
Current as of: 2024 | Check for updates
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(a) The court hearing a case under this Act has jurisdiction to make the findings necessary to enable a minor who has been adjudicated 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 remain under the jurisdiction of the court until his or her special immigrant juvenile petition is filed with the United States Citizenship and Immigration Services, or its successor agency.
(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 the following findings:
(1) the minor is:
(i) declared a dependent of the court; or
(ii) legally committed to, or placed under the
(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 the following findings:
Terms Used In Illinois Compiled Statutes 705 ILCS 405/1-4.3
- Dependent: A person dependent for support upon another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- United States: may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(1) the minor is:
(i) declared a dependent of the court; or
(ii) legally committed to, or placed under the
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custody of, a State agency or department, or an individual or entity appointed by the court;
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(2) that reunification of the minor with one or both
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of the minor’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 minor
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to be returned to the minor’s or parent’s previous country of nationality or last habitual residence.
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(c) For purposes of this Section:
“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. “Abandonment” includes the definition of “dependency” provided in Section 2-4.
“Abuse” has the meaning provided in Section 2-3.
“Neglect” has the meaning provided in Section 2-3.
“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. “Abandonment” includes the definition of “dependency” provided in Section 2-4.
“Abuse” has the meaning provided in Section 2-3.
“Neglect” has the meaning provided in Section 2-3.