Signed by Governor JB Pritzker

Vote Smart's Synopsis:

Vote to pass a bill that authorizes temporary guardians for children whose parents were detained or deported by ICE.

Highlights:

• Defines “administrative separation” as a parent’s, legal guardian’s, legal custodian’s, or primary caretaker’s arrest, detention, incarceration, removal, or deportation in connection with federal immigration enforcement, or receipt of official communication by federal, State, or local authorities regarding immigration enforcement that gives reasonable notice that care and supervision of the child by the parent, legal guardian, legal custodian, or primary caretaker will be interrupted or cannot be provided (Sec. 11).

• Expands exceptions in which the court lacks jurisdiction in appointing a guardian to a minor to include situations where administrative separation makes the parent or parents unable to give consent to the appointment in person or by a notarized, written document as evidence by a sworn affidavit submitted by the petitioner describing the parent’s or parents’ inability to receive notice or give consent (Sec. 11).

• Authorizes a short-term guardian appointed because of an administrative separation, to renew guardianship for an additional 365 days from the date the original appointment expires if the administrative separation is still in effect, except for when the written instrument provides for the appointment to end on a specific date or because of the occurrence of an event (Sec. 11).

• Requires petitions for appointed guardianship to include facts regarding an administrative separation of the parent or parents, including the date of the separation and the known or presumed location of the parent or parents and any documentation connected to an administrative separation, including, but not limited to, information in the online detainee locator system (Sec. 11).

Full Bill Text