MEMORANDUM OF LAW IN SUPPORT OF PETITION FOR GUARDIANSHIP AND REQUEST FOR SPECIAL FINDINGS

In 2019, the Illinois General Assembly amended the Juvenile Court Act, the Illinois Marriage and Dissolution of Marriage Act, the Illinois Parentage Act, the Adoption Act, the Illinois Domestic Violence Act, and the Probate Act to clarify the role of Illinois courts in SIJS cases. [...] See 755 ILCS 5/11-5.5 (b) “A court of this State that is competent to adjudicate a petition for guardianship has jurisdiction to make the findings necessary to enable a minor, who is the subject of a petition for guardianship, 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 S. [...] The Probate Act, Section 11-5.5(a), provides specific definitions of the terms “abuse,” “abandonment,” and “neglect” to be applied to these requests: “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. [...] 3 "Neglect" includes the meaning ascribed to the term 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 Section 600 of the Illinois Marriage and Dissolution of Marriage Act. [...] As supported by the Petition, the Petitioner is also prepared to testify that the minor child is adjusting well to her life with Petitioner in Illinois, and that the Petitioner is presently providing and will continue to provide the minor child with a stable, safe environment in which to live and thrive.