705 ILCS 405/1-4.2
2021 Illinois Compiled Statutes|Chapter 705 - COURTS|705 ILCS 405/ - Juvenile Court Act of 1987.|Article I - General Provisions

(Text of Section from P.A. 102-259)Sec. 1-4.2. 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.  (Source: P.A. 102-259, eff. 8-6-21.)(Text of Section from P.A. 102-649)Sec. 1-4.2. Trauma-sensitive transport.(a) The Department of Children and Family Services shall ensure the provision of trauma-sensitive transport to minors placed in its care  in accordance with  this Act. Notwithstanding any other law to the contrary, no minor shall be  subjected to restraints, as defined in Section 4e of the Children and Family Services Act, during the provision of any transportation services  provided or arranged by the Department  of Children and Family Services or its contractual assigns.(b) The Department of Children and Family Services' application to the court for approval of an individualized trauma-sensitive  transportation plan must include a copy of the plan developed in accordance with Section 4e of the Children  and Family Services Act and the written approval of the Department as required by paragraph (2) of subsection (e) of  Section 4e of the Children and Family Services Act.(c) When considering whether to approve the individualized trauma-sensitive transportation plan, the court shall  consider the minor's best interest and the following additional factors: the reason for the transport, the  type of placement the minor is being transported from and to, the anticipated length of travel, the  clinical needs of the minor, including any medical or emotional needs, any available less restrictive  alternatives, and any other factor the court deems relevant. The court may require amendments to the  minor's trauma-sensitive individualized transportation plan based on written findings of fact that the  plan, as written, is not in the minor's best interest.   (Source: P.A. 102-649, eff. 8-27-21.)