705 ILCS 405/1-4.3

Current through Public Act 103-566
Section 705 ILCS 405/1-4.3 - Special immigrant minor
(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 custody of, a State agency or department, or an individual or entity appointed by the court;
(2) that reunification of the minor with one or both of the minor'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 minor to be returned to the minor's or parent's previous country of nationality or last habitual residence.
(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.

705 ILCS 405/1-4.3

Renumbered from 705 ILCS 405/1-4.2 by P.A. 102-0813,§ 595, eff. 5/13/2022.
Added by P.A. 102-0259,§ 5, eff. 8/6/2021.