HB5254 104TH GENERAL ASSEMBLY

LRB104 18270 RLC 31709 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5254

Introduced 2/10/2026, by Rep. Jed Davis

SYNOPSIS AS INTRODUCED:

705 ILCS 405/2-21.2 new

Amends the Juvenile Court Act of 1987. Provides that no stipulation of fact entered into by a parent shall be accepted by the court unless all of the following occur: (1) each factual statement appears as a separate, numbered line item; (2) the parent initials each numbered factual statement individually; (3) the stipulation includes a plainly written section, initialed by the parent, describing the legal effect of the stipulation, including reliance on stipulated facts to satisfy the constitutional standard for removal or continued custody, and the requirement of probable cause or exigent circumstances; and (4) the parent signs and initials a written attestation stating the parent: (i) has reviewed and understands each factual statement; (ii) agrees each initialed statement is true; (iii) enters the stipulation knowingly and voluntarily; and (iv) does so without coercion or improper pressure. Provides that no waiver of temporary custody or shelter care hearing shall be accepted unless: (1) the waiver appears in separate, numbered line items describing the right waived and its legal effect; (2) the parent initials each line item; (3) the parent signs a written attestation meeting; and (4) the court obtains verbal, on-the-record confirmation of the waiver. Provides that nothing in the provision creates a private cause of action or alters substantive evidentiary standards. Defines "probable cause" and "stipulation of fact".

A BILL FOR

AN ACT concerning courts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Juvenile Court Act of 1987 is amended by adding Section 2-21.2 as follows:

(705 ILCS 405/2-21.2 new)

Sec. 2-21.2. Stipulation of facts.

(1) For the purposes of this Section:

"Probable cause" means a reasonable belief, based on sufficient and articulable facts, that abuse or neglect occurred or evidence will be found. "Probable cause" requires more than mere suspicion but less than a preponderance of the evidence.

"Stipulation of fact" means a written agreement entered into by a parent acknowledging factual allegations against him or her related to abuse or neglect in a proceeding under this Act.

(2) No stipulation of fact entered into by a parent shall be accepted by the court unless all of the following occur:

(i) each factual statement appears as a separate, numbered line item;

(ii) the parent initials each numbered factual statement individually;

(iii) the stipulation includes a plainly written section, initialed by the parent, describing the legal effect of the stipulation, including reliance on stipulated facts to satisfy the constitutional standard for removal or continued custody, and the requirement of probable cause or exigent circumstances; and

(iv) the parent signs and initials a written attestation stating the parent:

(A) has reviewed and understands each factual statement;

(B) agrees each initialed statement is true;

(C) enters the stipulation knowingly and voluntarily; and

(D) does so without coercion or improper pressure.

(3) No waiver of temporary custody or shelter care hearing shall be accepted unless:

(i) the waiver appears in separate, numbered line items describing the right waived and its legal effect;

(ii) the parent initials each line item;

(iii) the parent signs a written attestation meeting; and

(iv) the court obtains verbal, on-the-record confirmation of the waiver.

(4) Nothing in this Section creates a private cause of action or alters substantive evidentiary standards.