Full Text of HB0248 94th General Assembly
HB0248ham003 94TH GENERAL ASSEMBLY
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Rep. Mary E. Flowers
Filed: 3/15/2005
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09400HB0248ham003 |
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LRB094 04962 DRJ 43611 a |
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| AMENDMENT TO HOUSE BILL 248
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| AMENDMENT NO. ______. Amend House Bill 248, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Juvenile Court Act of 1987 is amended by | 6 |
| changing Sections 2-10 and 2-18 as follows:
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| (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
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| Sec. 2-10. Temporary custody hearing. At the appearance of | 9 |
| the
minor before the court at the temporary custody hearing, | 10 |
| all
witnesses present shall be examined before the court in | 11 |
| relation to any
matter connected with the allegations made in | 12 |
| the petition.
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| (1) If the court finds that there is not probable cause to | 14 |
| believe
that the minor is abused, neglected or dependent it | 15 |
| shall release
the minor and dismiss the petition.
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| (2) If the court finds that there is probable cause to | 17 |
| believe that
the minor is abused, neglected or dependent, the | 18 |
| court shall state in writing
the factual basis supporting its | 19 |
| finding and the minor, his or her parent,
guardian, custodian | 20 |
| and other persons able to give relevant testimony
shall be | 21 |
| examined before the court. The Department of Children and
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| Family Services shall give testimony concerning indicated | 23 |
| reports of abuse
and neglect, of which they are aware of | 24 |
| through the central registry,
involving the minor's parent, |
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| guardian or custodian. After such
testimony, the court may, | 2 |
| consistent with
the health,
safety and best interests of the | 3 |
| minor,
enter an order that the minor shall be released
upon the | 4 |
| request of parent, guardian or custodian if the parent, | 5 |
| guardian
or custodian appears to take custody. Custodian shall | 6 |
| include any agency of
the State which has been given custody or | 7 |
| wardship of the child. If it is
consistent with the health, | 8 |
| safety and best interests of the
minor, the
court may also | 9 |
| prescribe shelter care and
order that the minor be kept in a | 10 |
| suitable place designated by the court or in
a shelter care | 11 |
| facility designated by the Department of Children and Family
| 12 |
| Services or a licensed child welfare
agency; however, a minor | 13 |
| charged with a
criminal offense under the Criminal Code of 1961 | 14 |
| or adjudicated delinquent
shall not be placed in the custody of | 15 |
| or committed to the Department of
Children and Family Services | 16 |
| by any court, except a minor less than 13
years of age and | 17 |
| committed to the Department of Children and Family Services
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| under Section 5-710 of this Act or a minor for whom an | 19 |
| independent
basis of
abuse, neglect, or dependency exists, | 20 |
| which must be defined by departmental
rule.
In placing the | 21 |
| minor, the Department or other
agency shall, to the extent
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| compatible with the court's order, comply with Section 7 of the | 23 |
| Children and
Family Services Act.
In determining
the health, | 24 |
| safety and best interests of the minor to prescribe shelter
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| care, the court must
find that it is a matter of immediate and | 26 |
| urgent necessity for the safety
and protection
of the minor or | 27 |
| of the person or property of another that the minor be placed
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| in a shelter care facility or that he or she is likely to flee | 29 |
| the jurisdiction
of the court, and must further find that | 30 |
| reasonable efforts have been made or
that, consistent with the | 31 |
| health, safety and best interests of
the minor, no efforts | 32 |
| reasonably can be made to
prevent or eliminate the necessity of | 33 |
| removal of the minor from his or her
home. The court shall | 34 |
| require documentation from the Department of Children and
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| Family Services as to the reasonable efforts that were made to | 2 |
| prevent or
eliminate the necessity of removal of the minor from | 3 |
| his or her home or the
reasons why no efforts reasonably could | 4 |
| be made to prevent or eliminate the
necessity of removal. When | 5 |
| a minor is placed in the home of a relative, the
Department of | 6 |
| Children and Family Services shall complete a preliminary
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| background review of the members of the minor's custodian's | 8 |
| household in
accordance with Section 4.3 of the Child Care Act | 9 |
| of 1969 within 90 days of
that placement. If the minor is | 10 |
| ordered placed in a shelter care facility of
the Department of | 11 |
| Children and
Family Services or a licensed child welfare | 12 |
| agency, the court shall, upon
request of the appropriate | 13 |
| Department or other agency, appoint the
Department of Children | 14 |
| and Family Services Guardianship Administrator or
other | 15 |
| appropriate agency executive temporary custodian of the minor | 16 |
| and the
court may enter such other orders related to the | 17 |
| temporary custody as it
deems fit and proper, including the | 18 |
| provision of services to the minor or
his family to ameliorate | 19 |
| the causes contributing to the finding of probable
cause or to | 20 |
| the finding of the existence of immediate and urgent necessity.
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| Acceptance of services shall not be considered an admission of | 22 |
| any
allegation in a petition made pursuant to this Act, nor may | 23 |
| a referral of
services be considered as evidence in any | 24 |
| proceeding pursuant to this Act,
except where the issue is | 25 |
| whether the Department has made reasonable
efforts to reunite | 26 |
| the family. In making its findings that it is
consistent with | 27 |
| the health, safety and best
interests of the minor to prescribe | 28 |
| shelter care, the court shall state in
writing (i) the factual | 29 |
| basis supporting its findings concerning the
immediate and | 30 |
| urgent necessity for the protection of the minor or of the | 31 |
| person
or property of another and (ii) the factual basis | 32 |
| supporting its findings that
reasonable efforts were made to | 33 |
| prevent or eliminate the removal of the minor
from his or her | 34 |
| home or that no efforts reasonably could be made to prevent or
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| eliminate the removal of the minor from his or her home. The
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| parents, guardian, custodian, temporary custodian and minor | 3 |
| shall each be
furnished a copy of such written findings. The | 4 |
| temporary custodian shall
maintain a copy of the court order | 5 |
| and written findings in the case record
for the child. The | 6 |
| order together with the court's findings of fact in
support | 7 |
| thereof shall be entered of record in the court. | 8 |
| If the Department of Children and Family Services | 9 |
| Guardianship Administrator is appointed the executive | 10 |
| temporary custodian of a minor, the Department has the | 11 |
| authority to authorize appropriate physical and mental health | 12 |
| evaluations of the minor and any emergency medical treatment or | 13 |
| surgical procedure the minor may require unless otherwise | 14 |
| ordered by the court. "Emergency medical treatment or surgical | 15 |
| procedure" means immediate ordinary or major measures | 16 |
| necessary to preserve the life, health, or physical well-being | 17 |
| of the patient. The minor's parents retain their rights to make | 18 |
| all other medical decisions and all education decisions | 19 |
| relating to the minor, unless the court finds that the parents' | 20 |
| retention of these rights is not in the minor's best interests.
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| Once the court finds that it is a matter of immediate and | 22 |
| urgent necessity
for the protection of the minor that the minor | 23 |
| be placed in a shelter care
facility, the minor shall not be | 24 |
| returned to the parent, custodian or guardian
until the court | 25 |
| finds that such placement is no longer necessary for the
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| protection of the minor.
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| If the child is placed in the temporary custody of the | 28 |
| Department of
Children
and Family
Services for his or her | 29 |
| protection, the court shall admonish the parents,
guardian,
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| custodian or responsible relative that the parents must | 31 |
| cooperate with the
Department of Children and Family Services, | 32 |
| comply
with the terms of the service plans, and correct the | 33 |
| conditions which require
the child to be in care, or risk | 34 |
| termination of their parental
rights.
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| (3) If prior to the shelter care hearing for a minor | 2 |
| described in Sections
2-3, 2-4, 3-3 and 4-3 the moving party is | 3 |
| unable to serve notice on the
party respondent, the shelter | 4 |
| care hearing may proceed ex-parte. A shelter
care order from an | 5 |
| ex-parte hearing shall be endorsed with the date and
hour of | 6 |
| issuance and shall be filed with the clerk's office and entered | 7 |
| of
record. The order shall expire after 10 days from the time | 8 |
| it is issued
unless before its expiration it is renewed, at a | 9 |
| hearing upon appearance
of the party respondent, or upon an | 10 |
| affidavit of the moving party as to all
diligent efforts to | 11 |
| notify the party respondent by notice as herein
prescribed. The | 12 |
| notice prescribed shall be in writing and shall be
personally | 13 |
| delivered to the minor or the minor's attorney and to the last
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| known address of the other person or persons entitled to | 15 |
| notice. The
notice shall also state the nature of the | 16 |
| allegations, the nature of the
order sought by the State, | 17 |
| including whether temporary custody is sought,
and the | 18 |
| consequences of failure to appear and shall contain a notice
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| that the parties will not be entitled to further written | 20 |
| notices or publication
notices of proceedings in this case, | 21 |
| including the filing of an amended
petition or a motion to | 22 |
| terminate parental rights, except as required by
Supreme Court | 23 |
| Rule 11; and shall explain the
right of
the parties and the | 24 |
| procedures to vacate or modify a shelter care order as
provided | 25 |
| in this Section. The notice for a shelter care hearing shall be
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| substantially as follows:
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| NOTICE TO PARENTS AND CHILDREN
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| OF SHELTER CARE HEARING
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| On ................ at ........., before the Honorable | 30 |
| ................,
(address:) ................., the State | 31 |
| of Illinois will present evidence
(1) that (name of child | 32 |
| or children) ....................... are abused,
neglected | 33 |
| or dependent for the following reasons:
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| ..............................................
and (2) |
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| that there is "immediate and urgent necessity" to remove | 2 |
| the child
or children from the responsible relative.
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| YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN | 4 |
| PLACEMENT of the
child or children in foster care until a | 5 |
| trial can be held. A trial may
not be held for up to 90 | 6 |
| days. You will not be entitled to further notices
of | 7 |
| proceedings in this case, including the filing of an | 8 |
| amended petition or a
motion to terminate parental rights.
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| At the shelter care hearing, parents have the following | 10 |
| rights:
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| 1. To ask the court to appoint a lawyer if they | 12 |
| cannot afford one.
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| 2. To ask the court to continue the hearing to | 14 |
| allow them time to
prepare.
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| 3. To present evidence concerning:
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| a. Whether or not the child or children were | 17 |
| abused, neglected
or dependent.
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| b. Whether or not there is "immediate and | 19 |
| urgent necessity" to remove
the child from home | 20 |
| (including: their ability to care for the child,
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| conditions in the home, alternative means of | 22 |
| protecting the child other
than removal).
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| c. The best interests of the child.
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| 4. To cross examine the State's witnesses.
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| The Notice for rehearings shall be substantially as | 26 |
| follows:
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| NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
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| TO REHEARING ON TEMPORARY CUSTODY
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| If you were not present at and did not have adequate | 30 |
| notice of the
Shelter Care Hearing at which temporary | 31 |
| custody of ............... was
awarded to | 32 |
| ................, you have the right to request a full | 33 |
| rehearing
on whether the State should have temporary |
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| custody of ................. To
request this rehearing, | 2 |
| you must file with the Clerk of the Juvenile Court
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| (address): ........................, in person or by | 4 |
| mailing a statement
(affidavit) setting forth the | 5 |
| following:
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| 1. That you were not present at the shelter care | 7 |
| hearing.
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| 2. That you did not get adequate notice (explaining | 9 |
| how the notice
was inadequate).
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| 3. Your signature.
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| 4. Signature must be notarized.
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| The rehearing should be scheduled within 48 hours of | 13 |
| your filing this
affidavit.
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| At the rehearing, your rights are the same as at the | 15 |
| initial shelter care
hearing. The enclosed notice explains | 16 |
| those rights.
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| At the Shelter Care Hearing, children have the | 18 |
| following rights:
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| 1. To have a guardian ad litem appointed.
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| 2. To be declared competent as a witness and to | 21 |
| present testimony
concerning:
| 22 |
| a. Whether they are abused, neglected or | 23 |
| dependent.
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| b. Whether there is "immediate and urgent | 25 |
| necessity" to be
removed from home.
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| c. Their best interests.
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| 3. To cross examine witnesses for other parties.
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| 4. To obtain an explanation of any proceedings and | 29 |
| orders of the
court.
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| (4) If the parent, guardian, legal custodian, responsible | 31 |
| relative,
minor age 8 or over, or counsel of the minor did not | 32 |
| have actual notice of
or was not present at the shelter care | 33 |
| hearing, he or she may file an
affidavit setting forth these | 34 |
| facts, and the clerk shall set the matter for
rehearing not |
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| later than 48 hours, excluding Sundays and legal holidays,
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| after the filing of the affidavit. At the rehearing, the court | 3 |
| shall
proceed in the same manner as upon the original hearing.
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| (5) Only when there is reasonable cause to believe that the | 5 |
| minor
taken into custody is a person described in subsection | 6 |
| (3) of Section
5-105 may the minor be
kept or detained in a | 7 |
| detention home or county or municipal jail. This
Section shall | 8 |
| in no way be construed to limit subsection (6).
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| (6) No minor under 16 years of age may be confined in a | 10 |
| jail or place
ordinarily used for the confinement of prisoners | 11 |
| in a police station. Minors
under 17 years of age must be kept | 12 |
| separate from confined adults and may
not at any time be kept | 13 |
| in the same cell, room, or yard with adults confined
pursuant | 14 |
| to the criminal law.
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| (7) If the minor is not brought before a judicial officer | 16 |
| within the
time period as specified in Section 2-9, the minor | 17 |
| must immediately be
released from custody.
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| (8) If neither the parent, guardian or custodian appears | 19 |
| within 24
hours to take custody of a minor released upon | 20 |
| request pursuant to
subsection (2) of this Section, then the | 21 |
| clerk of the court shall set the
matter for rehearing not later | 22 |
| than 7 days after the original order and
shall issue a summons | 23 |
| directed to the parent, guardian or custodian to
appear. At the | 24 |
| same time the probation department shall prepare a report
on | 25 |
| the minor. If a parent, guardian or custodian does not appear | 26 |
| at such
rehearing, the judge may enter an order prescribing | 27 |
| that the minor be kept
in a suitable place designated by the | 28 |
| Department of Children and Family
Services or a licensed child | 29 |
| welfare agency.
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| (9) Notwithstanding any other provision of this
Section any | 31 |
| interested party, including the State, the temporary
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| custodian, an agency providing services to the minor or family | 33 |
| under a
service plan pursuant to Section 8.2 of the Abused and | 34 |
| Neglected Child
Reporting Act, foster parent, or any of their |
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| representatives, on notice
to all parties entitled to notice, | 2 |
| may file a motion that it is in the best
interests of the minor | 3 |
| to modify or vacate a
temporary custody order on any of the | 4 |
| following grounds:
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| (a) It is no longer a matter of immediate and urgent | 6 |
| necessity that the
minor remain in shelter care; or
| 7 |
| (b) There is a material change in the circumstances of | 8 |
| the natural
family from which the minor was removed and the | 9 |
| child can be cared for at
home without endangering the | 10 |
| child's health or safety; or
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| (c) A person not a party to the alleged abuse, neglect | 12 |
| or dependency,
including a parent, relative or legal | 13 |
| guardian, is capable of assuming
temporary custody of the | 14 |
| minor; or
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| (d) Services provided by the Department of Children and | 16 |
| Family Services
or a child welfare agency or other service | 17 |
| provider have been successful in
eliminating the need for | 18 |
| temporary custody and the child can be cared for at
home | 19 |
| without endangering the child's health or safety.
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| In ruling on the motion, the court shall determine whether | 21 |
| it is consistent
with the health, safety and best interests of | 22 |
| the minor to modify
or vacate a temporary custody order.
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| The clerk shall set the matter for hearing not later than | 24 |
| 14 days after
such motion is filed. In the event that the court | 25 |
| modifies or vacates a
temporary custody order but does not | 26 |
| vacate its finding of probable cause,
the court may order that | 27 |
| appropriate services be continued or initiated in
behalf of the | 28 |
| minor and his or her family.
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| (10) When the court finds or has found that there is | 30 |
| probable cause to
believe a minor is an abused minor as | 31 |
| described in subsection (2) of Section
2-3
and that there is an | 32 |
| immediate and urgent necessity for the abused minor to be
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| placed in shelter care, immediate and urgent necessity shall be | 34 |
| presumed for
any other minor residing in the same household as |
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| the abused minor provided:
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| (a) Such other minor is the subject of an abuse or | 3 |
| neglect petition
pending before the court; and
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| (b) A party to the petition is seeking shelter care for | 5 |
| such other minor.
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| Once the presumption of immediate and urgent necessity has | 7 |
| been raised, the
burden of demonstrating the lack of immediate | 8 |
| and urgent necessity shall be on
any party that is opposing | 9 |
| shelter care for the other minor.
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| (Source: P.A. 89-21, eff. 7-1-95; 89-422 ; 89-582,
eff. 1-1-97; | 11 |
| 89-626, eff. 8-9-96; 90-28, eff. 1-1-98; 90-87, eff. 9-1-97;
| 12 |
| 90-590, eff. 1-1-99; 90-655, eff. 7-30-98.)
| 13 |
| (705 ILCS 405/2-18) (from Ch. 37, par. 802-18)
| 14 |
| Sec. 2-18. Evidence.
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| (1) At the adjudicatory hearing, the court shall first | 16 |
| consider only the
question whether the minor is abused, | 17 |
| neglected or dependent. The standard of
proof and the rules of | 18 |
| evidence in the nature of civil proceedings in this
State are | 19 |
| applicable to proceedings under this Article. If the petition | 20 |
| also
seeks the appointment of a guardian of the person with
| 21 |
| power to consent to adoption of the minor under Section 2-29, | 22 |
| the court may
also consider legally admissible evidence at the | 23 |
| adjudicatory hearing that one
or more grounds of unfitness | 24 |
| exists under subdivision D of Section 1 of the
Adoption Act.
| 25 |
| (2) In any hearing under this Act, the following shall | 26 |
| constitute prima
facie evidence of abuse or neglect, as the | 27 |
| case may be:
| 28 |
| (a) proof that a minor has a medical diagnosis of | 29 |
| battered child syndrome
is prima facie evidence of abuse;
| 30 |
| (b) proof that a minor has a medical diagnosis of | 31 |
| failure to thrive
syndrome is prima facie evidence of | 32 |
| neglect;
| 33 |
| (c) proof that a minor has a medical diagnosis of fetal |
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| alcohol syndrome
is prima facie evidence of neglect;
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| (d) proof that a minor has a medical diagnosis at birth | 3 |
| of withdrawal
symptoms from narcotics or barbiturates is | 4 |
| prima facie evidence of neglect;
| 5 |
| (e) proof of injuries sustained by a minor or of the | 6 |
| condition of a minor
of such a nature as would ordinarily | 7 |
| not be sustained or exist except by
reason of the acts or | 8 |
| omissions of the parent, custodian or guardian of
such | 9 |
| minor shall be prima facie evidence of abuse or neglect, as | 10 |
| the case may
be;
| 11 |
| (f) proof that a parent, custodian or guardian of a | 12 |
| minor repeatedly used
a drug, to the extent that it has or | 13 |
| would ordinarily have the effect of
producing in the user a | 14 |
| substantial state of stupor, unconsciousness,
| 15 |
| intoxication, hallucination, disorientation or | 16 |
| incompetence, or a
substantial impairment of judgment, or a | 17 |
| substantial manifestation of
irrationality, shall be prima | 18 |
| facie evidence of neglect;
| 19 |
| (g) proof that a parent, custodian, or guardian of a | 20 |
| minor repeatedly
used a controlled substance, as defined in | 21 |
| subsection (f) of Section 102 of the
Illinois Controlled | 22 |
| Substances Act, in the presence of the minor or a sibling
| 23 |
| of the minor is prima facie evidence of neglect. "Repeated | 24 |
| use", for the
purpose of this subsection, means more than | 25 |
| one use of a controlled substance
as defined in subsection | 26 |
| (f) of Section 102 of the Illinois Controlled
Substances | 27 |
| Act;
| 28 |
| (h) proof that a newborn infant's blood, urine, or | 29 |
| meconium contains any
amount of a controlled substance as | 30 |
| defined in subsection (f) of Section 102 of
the Illinois | 31 |
| Controlled Substances Act, or a metabolite of a controlled
| 32 |
| substance, with the exception of controlled substances or | 33 |
| metabolites of those
substances, the presence of which is | 34 |
| the result of medical treatment
administered to the mother |
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| or the newborn, is prime facie evidence of
neglect; | 2 |
| (i) proof that a minor was present in a structure or | 3 |
| vehicle in which the minor's parent, custodian, or guardian | 4 |
| was involved in the manufacture of methamphetamine | 5 |
| constitutes prima facie evidence of abuse and neglect.
| 6 |
| (3) In any hearing under this Act, proof of the abuse, | 7 |
| neglect or dependency
of one minor shall be admissible evidence | 8 |
| on the issue of the abuse, neglect or
dependency of any other | 9 |
| minor for whom the respondent is responsible.
| 10 |
| (4) (a) Any writing, record, photograph or x-ray of any | 11 |
| hospital or public
or private agency, whether in the form of an | 12 |
| entry in a book or otherwise,
made as a memorandum or record of | 13 |
| any condition, act, transaction, occurrence
or event relating | 14 |
| to a minor in an abuse, neglect or
dependency proceeding, shall | 15 |
| be
admissible in evidence as proof of that condition, act, | 16 |
| transaction, occurrence
or event, if the court finds that the | 17 |
| document was made in the regular course
of the business of the | 18 |
| hospital or agency and that it was in the regular
course of | 19 |
| such business to make it, at the time of the act, transaction,
| 20 |
| occurrence or event, or within a reasonable time thereafter. | 21 |
| (a-5) In unfitness proceedings under Section 2-29 of this | 22 |
| Act, if documents, assessments, and evaluations are directly | 23 |
| used to prove an unfitness ground as alleged in the petition, | 24 |
| the author of those documents shall testify, if available, as | 25 |
| to the recommendations and findings. If the author is | 26 |
| unavailable, the documents are admissible without such | 27 |
| testimony. The court shall determine the proper weight accorded | 28 |
| to the documents. | 29 |
| (a-10) In unfitness proceedings under Section 2-29 of this | 30 |
| Act, if documents, assessments, and evaluations are used at the | 31 |
| best interest portion, relating to parent-child bonding, the | 32 |
| author of those documents shall testify, if available, as to | 33 |
| the recommendations and findings. If the author is unavailable, | 34 |
| the documents are admissible without such testimony. The court |
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LRB094 04962 DRJ 43611 a |
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| shall determine the proper weight accorded to the documents. | 2 |
| (a-15) For purposes of paragraphs (a-5) and (a-10) of this | 3 |
| subsection (4), "unavailable" means: the author is absent from | 4 |
| the hearing and the party wishing to introduce the document has | 5 |
| been unable to procure the author's attendance by process or | 6 |
| other reasonable means; or the author persists in refusing to | 7 |
| testify concerning the document despite an order of the court | 8 |
| to do so; or the author is unable to be present or to testify at | 9 |
| the hearing because of health, or then-existing physical or | 10 |
| mental illness or infirmity, or death. | 11 |
| (a-20) A certification
by the head or responsible employee | 12 |
| of the hospital or agency that the writing,
record, photograph | 13 |
| or x-ray is the full and complete record of the condition,
act, | 14 |
| transaction, occurrence or event and that it satisfies the | 15 |
| conditions
of this paragraph shall be prima facie evidence of | 16 |
| the facts contained in
such certification. A certification by | 17 |
| someone other than the head of the
hospital or agency shall be | 18 |
| accompanied by a photocopy of a delegation of
authority signed | 19 |
| by both the head of the hospital or agency and by such
other | 20 |
| employee. All other circumstances of the making of the | 21 |
| memorandum,
record, photograph or x-ray, including lack of | 22 |
| personal knowledge of the
maker, may be proved to affect the | 23 |
| weight to be accorded such evidence,
but shall not affect its | 24 |
| admissibility.
| 25 |
| (b) Any indicated report filed pursuant to the Abused and | 26 |
| Neglected Child
Reporting Act shall be admissible in evidence.
| 27 |
| (c) Previous statements made by the minor relating to any | 28 |
| allegations
of abuse or neglect shall be admissible in | 29 |
| evidence. However, no such
statement, if uncorroborated and not | 30 |
| subject to cross-examination, shall be
sufficient in itself to | 31 |
| support a finding of abuse or neglect.
| 32 |
| (d) There shall be a rebuttable presumption that a minor is | 33 |
| competent
to testify in abuse or neglect proceedings. The court | 34 |
| shall determine how
much weight to give to the minor's |
|
|
|
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LRB094 04962 DRJ 43611 a |
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| 1 |
| testimony, and may allow the minor to
testify in chambers with | 2 |
| only the court, the court reporter and attorneys
for the | 3 |
| parties present.
| 4 |
| (e) The privileged character of communication between any | 5 |
| professional
person and patient or client, except privilege | 6 |
| between attorney and client,
shall not apply to proceedings | 7 |
| subject to this Article.
| 8 |
| (f) Proof of the impairment of emotional health or | 9 |
| impairment of mental
or emotional condition as a result of the | 10 |
| failure of the respondent to exercise
a minimum degree of care | 11 |
| toward a minor may include competent opinion or
expert | 12 |
| testimony, and may include proof that such impairment lessened | 13 |
| during
a period when the minor was in the care, custody or | 14 |
| supervision of a person
or agency other than the respondent.
| 15 |
| (5) In any hearing under this Act alleging neglect for | 16 |
| failure to
provide education as required by law under | 17 |
| subsection (1) of Section 2-3,
proof that a minor under 13 | 18 |
| years of age who is subject to compulsory
school attendance | 19 |
| under the School Code is a chronic truant as defined
under the | 20 |
| School Code shall be prima facie evidence of neglect by the
| 21 |
| parent or guardian in any hearing under this Act and proof that | 22 |
| a minor who
is 13 years of age or older who is subject to | 23 |
| compulsory school attendance
under the School Code is a chronic | 24 |
| truant shall raise a rebuttable
presumption of neglect by the | 25 |
| parent or guardian. This subsection (5)
shall not apply in | 26 |
| counties with 2,000,000 or more inhabitants.
| 27 |
| (6) In any hearing under this Act, the court may take | 28 |
| judicial notice of
prior sworn testimony or evidence admitted | 29 |
| in prior proceedings involving
the same minor if (a) the | 30 |
| parties were either represented by counsel at such
prior | 31 |
| proceedings or the right to counsel was knowingly waived and | 32 |
| (b) the
taking of judicial notice would not result in admitting | 33 |
| hearsay evidence at a
hearing where it would otherwise be | 34 |
| prohibited.
|
|
|
|
09400HB0248ham003 |
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LRB094 04962 DRJ 43611 a |
|
| 1 |
| (Source: P.A. 93-884, eff. 1-1-05.)".
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