2022 IL App (2d) 210272-U No. 2-21-0272 Order filed January 26, 2022 NOTICE: This order was filed under Supreme Court Rule 23(b) and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ In re Estate of SULMA ARELI ) Appeal from the Circuit Court SALVADOR FELIPE, a minor ) of Du Page County. ) ) No. 21-P-38 ) (Rocio Becerril, Petitioner-Appellant v. ) Honorable Sonia M. Felipe Garcia and Juan A. ) James D. Orel, Salvador Mendoza, Respondents-Appellees). ) Judge, Presiding. ______________________________________________________________________________ JUSTICE SCHOSTOK delivered the judgment of the court. Presiding Justice Bridges and Justice Zenoff concurred in the judgment. ORDER ¶1 Held: Appellant did not demonstrate that trial court abused its discretion in denying guardianship petition and motion to reconsider. ¶2 The petitioner, Rocio Becerril, filed a petition to be appointed guardian of the person of Sulma Areli Salvador Felipe. Rocio also asked that, after appointing her, the trial court make findings that would allow Sulma, an unaccompanied juvenile from Guatemala who fled violence and sexual assault, to apply for a particular immigration status. The trial court summarily denied the guardianship petition and the motion for findings. Two days later, Sulma turned 18. Rocio moved for reconsideration and for an order granting guardianship nunc pro tunc, noting that the trial court’s stated reason for denying the petition was legally incorrect, and submitting extensive 2022 IL App (2d) 210272-U documentation supporting the petition. The trial court denied the motion to reconsider, and Rocio appealed. Although we agree that the trial court made a legal error in its initial ruling, we nevertheless affirm for the reasons explained below. We also note that, because of a recent amendment to section 11-5.5 of the Probate Act (755 ILCS 5/11-5.5(e)(1) (West 2020)), our decision does not foreclose Sulma and Rocio from achieving the end they seek. ¶3 I. BACKGROUND ¶4 The following facts are drawn from the verified pleadings. Sulma was born on January 23, 2003, in Guatemala. Her cousins became angry at her father and determined to harm her as a way of hurting her father. One of the cousins, who was known to have killed someone, physically and sexually assaulted her, and two other cousins threatened to rape her. Sulma’s parents could not keep her safe and Sulma fled Guatemala. She entered the United States in November 2018. She was detained in the custody of the Department of Homeland Security (DHS) and resided at a shelter for a little more than two years. ¶5 Rocio applied to sponsor and become a guardian for Sulma. After conducting an extensive background review on Rocio that included a CANTS check by the Illinois Department of Children and Family Services, the Office of Refugee Resettlement (ORR) approved Rocio as Sulma’s sponsor and caretaker. They released Sulma into Rocio’s custody on December 19, 2020. Rocio filed the guardianship petition on January 11, 2021, attaching a nomination form in which Sulma nominated Rocio to be …
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