In re Parentage of A.M.

- Case citation and parties
In re Parentage of A.M., No. 2-24-0413 (Ill. App. Ct., 2d Dist. Nov. 26, 2024) (Order filed under Ill. S. Ct. R. 23(c)(2)). Petitioner-Appellant: Jessica M.; Respondent-Appellee: Hector Y.C.M. (deceased). Lower court: McHenry County, No. 23-FA-152.

- Key legal issues
1) Whether a petitioner may seek Special Immigrant Juvenile (SIJ) findings under 750 ILCS 5/603.11 in a state-court petition for allocation of parental responsibilities when the putative parent is deceased.
2) Whether the trial court erred in concluding the petition presented no justiciable controversy because the father was deceased.

- Holding/outcome
Reversed and remanded. The appellate court held the amended petition presented a justiciable issue and that the trial court erred in denying allocation/SIJ findings on the basis of the father’s death.

- Significant legal reasoning
The court interpreted 750 ILCS 5/603.11(b)-(c) together with federal SIJ authority (8 U.S.C. § 1101(a)(27)(J); 8 C.F.R. § 204.11). Illinois courts competent to allocate parenting responsibilities have jurisdiction to make SIJ findings as predicates for USCIS. A judicial order allocating custody/parenting responsibilities satisfies the “court . . . having jurisdiction under State law to make judicial determinations about the custody and care of juveniles” requirement. The court rejected the trial court’s view that there was no concrete controversy merely because the father died; under § 603.11(a), a parent’s death qualifies as “abandonment,” and death may be a basis showing reunification is not viable. The opinion relied on In re Ervin C.-R., 2020 IL App (2d) 200236, applying that a child is “dependent” when the court must make judicial custody/care determinations and that SIJ findings are state-court predicates (USCIS makes final SIJ adjudication).

- Practice implications (concise)
- Plead SIJ findings in the same petition that seeks allocation of parental responsibilities; courts have statutory authority to issue the three required findings: dependency/custody status, reunification not viable (abuse/neglect/abandonment or similar), and best interest against return to country of origin.
- A parent’s death can constitute “abandonment” under § 603.11 and does not bar state-court SIJ findings—often it supports the “reunification not viable” element.
- Prepare a clear record linking the statutory SIJ elements (include factual declarations, custody orders, best‑interest evidence, and country‑of‑origin nexus) because state findings are predicates; USCIS performs the ultimate SIJ eligibility review.
- Trial courts should not dismiss allocation/SIJ motions for lack of a justiciable controversy solely due to a deceased parent; appellate review on statutory interpretation is de novo.