Public Act 93-0145

HB2203 Enrolled                      LRB093 06578 RLC 06705 b

    AN ACT in relation to minors.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Juvenile Court Act of 1987 is amended by
adding Section 2-4a as follows:

    (705 ILCS 405/2-4a new)
    Sec. 2-4a.  Special immigrant minor.
    (a)  Except as otherwise provided in this Act, a  special
immigrant  minor  under  18  years of age who has been made a
ward of the court may be deemed eligible  by  the  court  for
long-term  foster  care due to abuse, neglect, or abandonment
and remain under the jurisdiction of the juvenile court until
his or her special immigrant juvenile status  and  adjustment
of  status  applications are adjudicated.  The petition filed
on behalf of the special immigrant minor must allege that  he
or  she  otherwise  satisfies  the  prerequisites for special
immigrant  juvenile  status  pursuant  to  8  U.S.C.  Section
1101(a)(27)(J) and must state the custodial status sought  on
behalf of the minor.
    (b)  For  the  purposes of this Section, a juvenile court
may make a finding that a special immigrant minor is eligible
for long term foster care if the court  makes  the  following
findings:
         (1)  That   a   reasonable   diligent   search   for
    biological  parents,  prior  adoptive  parents,  or prior
    legal guardians has been conducted; and
         (2)  That reunification with the minor's  biological
    parents or prior adoptive parents is not a viable option.
    (c)  For the purposes of this Section:
         (1)  The  term  "abandonment" means 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.
         (2)  The term "special  immigrant  minor"  means  an
    immigrant  minor  who (i) is present in the United States
    and has been made a ward of the court and (ii)  for  whom
    it  has  been  determined  by the juvenile court or in an
    administrative or judicial proceeding that it  would  not
    be  in his or her best interests to be returned to his or
    her previous country of nationality or  country  of  last
    habitual residence.
    (d)  This  Section  does not apply to a minor who applies
for special immigrant minor status solely for the purpose  of
qualifying for financial assistance for himself or herself or
for his or her parents, guardian, or custodian.

    Section  99.  Effective  date. This Act takes effect upon
becoming law.