Kendall County Times

A bill that would allow guardianship of 18-, 19- and 20-year-olds to be obtained in Illinois court passed the House. 

House Bill 369 would allow parents, relatives and nonrelatives to file for guardianship of immigrant young adults older than 18 and younger than 21. Reps. Mark Batinick (R-Oswego) and Jennifer Gong-Gershawitz (D-Evanston) discussed the bill on the House floor. 

"[The bill] would align Illinois with federal law for vulnerable youth access to Illinois courts in a way that complies with federal immigration law, Gong-Gershawitz said.

Batinick asked for clarification if the range in the age of guardianship was rising from 18 to 21 and if people up to the age of 21 were to be considered children, and Gong-Gershowitz replied that it was only for certain immigration cases.

"This would enable guardianship up to the age of 21 solely to make these limited findings required by federal law for the special immigrant juvenile visa, so abuse, abandonment, neglect," Gong-Gershawitz said.

According to the representative, a similar bill was introduced two years ago and received bipartisan support. This most recent bill passed 84 yeses to 31 no votes. 

"[HB369 enables] the courts in Illinois to make findings on abuse and neglect to be consistent with federal law," Gong-Gershawitz said. "This is just a trailer, if you will, that would align Illinois law with the federal provisions that allow these protections for you under 21."

The bill amends the Juvenile Court Act of 1987 and the Probate Act of 1975 to relocate a provision concerning special immigrant minors from Abused, Neglected, or Dependent Minors Article to the General Provisions Article. According to the bill, the legislation would require courts to make decisions in the minor's best interest and allow the guardian the responsibility for the minor's custody, place of living, nurture, and tuition of the minor. 

The bill was referred to Senate assignments on April 23 and will be effective immediately upon passage.