Sec. 603.11. Special immigrant child findings.

411 words·~2 min read·/il/chapter-750/act-5/603-11

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)For the purpose of making a finding under this Section:

"Abuse" has the meaning ascribed to that term in subsection

(1)of Section 103 of the

Illinois Domestic Violence Act of 1986.

"Abandonment" includes, but is not limited to, the 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.

"Neglect" includes the meaning ascribed to the term in paragraph

(a)of subsection

of Section 2-3 of the Juvenile Court Act of 1987 and the failure to perform caretaking functions as defined in subsection

(c)of Section 600.

(b)A court of this State that is competent to allocate parenting responsibilities has jurisdiction to make the findings necessary to enable a child, who is the subject of a petition to allocate parenting responsibilities, 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 court; or

(B)the child is placed under

the custody of an individual or entity appointed by the court; and

(2)that reunification of the child with one or both of the child's parents is not

viable due to abuse, neglect, abandonment, or other similar basis; and

(3)that it is not in the best interest of the child to be returned to the child's or

parent's previous country of nationality or last habitual residence.

(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.