UNACCOMPANIED CHILDREN

Illinois General Assembly - Full Text of HB4890

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Full Text of HB4890

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HB4890 - 104th General Assembly

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HB4890 Enrolled
LRB104 17442 JRC 30868 b
1

AN ACT concerning courts.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Dependency Determinations for Unaccompanied Children Act.

6

Section 5.
Legislative findings and purpose.
The General
7
Assembly finds and declares that:
8

(1) State courts have a traditional and vital role in
9

making determinations regarding the protection, custody,
10

and care of children within the State; and
11

(2) it is therefore necessary to clarify the
12

jurisdiction of Illinois courts to issue such
13

determinations when the child is in the custody of the
14

federal Office of Refugee Resettlement.

15

Section 10.
Definitions.
As used in this Act:
16

"Abuse" includes the meaning ascribed to the term in
17
Section 103 of the Illinois Domestic Violence Act of 1986 and
18
in Section 2-3 of the Juvenile Court Act of 1987.
19

"Abandonment" includes, but is not limited to, the failure
20
of a parent to maintain a reasonable degree of interest,
21
concern, or responsibility for the welfare of the child or
22
when one or both of the child's parents are deceased or cannot

HB4890 Enrolled
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LRB104 17442 JRC 30868 b
1
be reasonably located and includes the definition of
2
dependency in Section 2-4 of the Juvenile Court of 1987.
3

"Dependent on the court" means a child is under the
4
jurisdiction of a "juvenile court" as defined in this
5
Section's jurisdiction; the child was adjudicated at any time
6
by a court acting under this Act's authority as abused,
7
neglected, or abandoned as defined in this Act, and the child
8
is in need of oversight and supportive services as determined
9
by the court.
10

"Juvenile court" means a court located in the United
11
States that has jurisdiction under state law to make judicial
12
determinations concerning the custody, guardianship, abuse,
13
neglect, dependency, or protection of a juvenile and is
14
authorized to issue orders, make factual findings and
15
determinations concerning such matters as parental
16
reunification, best interest of minors, including such
17
findings necessary to enable a child who files a petition
18
under this Act to petition the United States Citizenship and
19
Immigration Services.
20

"Neglect" includes the meaning ascribed to the term in
21
paragraph (a) of subsection (1) of Section 2-3 of the Juvenile
22
Court Act of 1987 and the failure to perform caretaking
23
functions as defined in subsection (c) of Section 600 of the
24
Illinois Marriage and Dissolution of Marriage Act.
25

"Unaccompanied child" means a person under 18 years of age
26
who meets the definition in Section 279(g)(2) of Title 6 of the

HB4890 Enrolled
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LRB104 17442 JRC 30868 b
1
United States Code, including any child who lacks a parent or
2
legal guardian in the United States available to provide care
3
and physical custody and who is in the custody of the federal
4
Office of Refugee Resettlement.

5

Section 15.
Jurisdiction and venue.
6

(a) Proceedings may be instituted under this Act for
7
unaccompanied children in the custody of the federal Office of
8
Refugee Resettlement who are alleged to be abused, neglected,
9
or abandoned as defined in this Act. In making determinations
10
under this Act, the court shall be acting as a juvenile court.
11

(b) A proceeding under this Act may be commenced in any
12
county in this State.

13

Section 20.
Petition.
14

(a) An unaccompanied child in the custody of the federal
15
Office of Refugee Resettlement housed in Illinois who is
16
alleged to have been abused, neglected, or abandoned by one or
17
both parents may file a petition seeking a finding of
18
dependency upon the court under this Act.
19

(b) The petition must:
20

(1) set forth the facts that bring the child under the
21

court's jurisdiction under this Act;
22

(2) state the child's name, age, and country of birth;
23

(3) identify the facility in Illinois where the child
24

is housed in the custody of the federal Office of Refugee

HB4890 Enrolled
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LRB104 17442 JRC 30868 b
1

Resettlement;
2

(4) set forth facts alleging that reunification of the
3

child with one or both of the child's parents is not viable
4

because of abuse, neglect, abandonment, or another similar
5

basis; and
6

(5) set forth facts alleging that it is not in the best
7

interest of the child to be returned to the child's or
8

parent's previous country of nationality or last habitual
9

residence.
10

(c) Statements in the petition may be made upon
11
information and belief.
12

(d) The petition may not name the child's parent as a
13
respondent.
14

(e) The petition must clearly state that parental rights
15
may not be terminated through proceedings under this Act.

16

Section 25.
Hearing and disposition.
17

(a) The court shall conduct a hearing within 35 days after
18
the petition is filed, unless a motion is made for an earlier
19
date because the child is approaching 18 years of age or other
20
emergent circumstances exist; in which case, the court shall
21
schedule and conduct the hearing as soon as reasonably
22
possible before the child's eighteenth birthday or to address
23
the emergent circumstances no later than 7 days after the
24
motion is filed alleging emergent circumstances.
25

(b) If the court finds the statements in the petition are

HB4890 Enrolled
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1
supported by a preponderance of the evidence, which may
2
consist solely of, but is not limited to, a declaration by the
3
child, the court shall issue an order that includes the
4
following findings:
5

(1) the child is declared a dependent on the court;
6

(2) reunification of the child with one or both of the
7

child's parents is not viable because of abuse, neglect,
8

abandonment, or other similar basis; and
9

(3) it is not in the best interest of the child to be
10

returned to the child's or parent's previous country of
11

nationality or last habitual residence.
12

(c) A child declared dependent on the court is eligible
13
for oversight and services as ordered by the court and may be
14
referred for psychological, educational, medical, or social
15
services deemed necessary as a result of parental abuse,
16
abandonment, or neglect or for protection against trafficking
17
or domestic violence. Participation in any referred services
18
is voluntary.
19

(d) The court may retain jurisdiction over the child until
20
the child reaches 18 years of age or until further order of the
21
court.
22

(e) Nothing in this Act is intended to modify, alter, or
23
otherwise amend existing law related to the physical custody
24
or placement of an unaccompanied child, and findings made
25
under this Act shall not be used in any manner that is
26
inconsistent with existing law relating to the physical

HB4890 Enrolled
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LRB104 17442 JRC 30868 b
1
custody or placement of a minor child.

2

Section 30.
Fees.
No fees may be required of any child who
3
files a petition under this Act.

4

Section 35.
Guardian ad litem.
If a child is represented
5
by an attorney, a proceeding under this Act may proceed
6
without the appointment of a guardian ad litem for the child.

7

Section 40.
Confidentiality.
All court proceedings and
8
documents under this Act are confidential, must be sealed, and
9
may not be made available to the public.

10

Section 99.
Effective date.
This Act takes effect upon
11
becoming law.

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