Illinois Compiled Statutes 750 ILCS 60/214.5 – 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 issue an order of protection has jurisdiction to make the findings necessary to enable a child, who is a subject of or a minor child included in a petition for an order of protection, 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 60/214.5
- 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
(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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(d) In any proceedings in response to a motion that the court make the findings necessary to support a petition for classification as a Special Immigrant Juvenile, information regarding the immigration status of the child, the child’s parent, or the child’s guardian that is not otherwise protected by State confidentiality laws shall remain confidential and shall be available for inspection only by the court, the child who is the subject of the proceeding, the parties, the attorneys for the parties, the child’s counsel, and the child’s parent or guardian.