Illinois Compiled Statutes 750 ILCS 50/17.01 – Special immigrant child findings
Current as of: 2024 | Check for updates
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(a) For the purpose of making a finding under this Section:
“Abuse” has the meaning ascribed to that term in
“Abuse” has the meaning ascribed to that term in
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subsection (1) of § 103 of the Illinois Domestic Violence Act of 1986.
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“Abandonment” includes, but is not limited to, the
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failure of a parent to maintain a reasonable degree of interest, concern, or responsibility for the welfare of the child or when one or both of the child’s parents are deceased or cannot be reasonably located.
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“Neglect” includes the meaning ascribed to the term
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in paragraph (a) of subsection (1) of Section 2-3 of the Juvenile Court Act of 1987 and the failure to perform caretaking functions as defined in subsection (c) of § 600 of the Illinois Marriage and Dissolution of Marriage Act.
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(b) A court of this State that is competent to adjudicate adoption petitions has jurisdiction to make the findings necessary to enable a child, who is the subject of a pending adoption petition, to petition the United States Citizenship and Immigration Services for classification as a Special Immigrant Juvenile under Section 1101(a)(27)(J) of Title 8 of the United States Code.
(c) If a motion requests findings regarding Special Immigrant Juvenile Status under Section 1101(a)(27)(J) of Title 8 of the United States Code, and the evidence, which may consist solely of, but is not limited to, a declaration by the child, supports the findings, the court shall issue an order, that includes the following findings:
(1)(A) the child is declared a dependent of the
Terms Used In Illinois Compiled Statutes 750 ILCS 50/17.01
- 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.
- 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
(c) If a motion requests findings regarding Special Immigrant Juvenile Status under Section 1101(a)(27)(J) of Title 8 of the United States Code, and the evidence, which may consist solely of, but is not limited to, a declaration by the child, supports the findings, the court shall issue an order, that includes the following findings:
(1)(A) the child is declared a dependent of the
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court; or (B) the child is legally committed to, or placed under the custody of, a State agency or department or an individual or entity appointed by the court; and
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(2) that reunification of the child with one or both
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of the child’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 child
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to be returned to the child’s or parent’s previous country of nationality or last habitual residence.
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