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Judiciary I - Civil Law Committee
Filed: 3/2/2005
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09400HB0254ham001 |
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LRB094 04965 BDD 41884 a |
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| AMENDMENT TO HOUSE BILL 254
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| AMENDMENT NO. ______. Amend House Bill 254 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Children and Family Services Act is amended |
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| by changing Section 9.4 as follows:
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| (20 ILCS 505/9.4) (from Ch. 23, par. 5009.4)
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| Sec. 9.4. Investigation ; waiver;
and determination. The |
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| Department shall review
the forms or questionnaires returned by |
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| each parent or guardian and supplement
the information provided |
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| therein, where required, by such additional consultations
with |
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| the parent or guardian and such other investigations as may be |
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| necessary
and, applying the standard and regulations |
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| established by the Department,
shall determine whether and the |
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| extent to which, the parent or guardian
individually or |
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| together in any combination, are reasonably able to provide
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| parental payment for care and training of their children.
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| The Department, by rule, may conduct periodic or other |
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| reinvestigations
and redeterminations of the financial ability |
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| of parents or guardians.
Any redeterminations shall have the |
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| effect of altering, amending, or modifying
previous |
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| determinations. However, any redetermination which established
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| liability for parental payment of reimbursement, or which |
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| increases the
support or reimbursement liability specified in a |
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| prior order, shall be
subject to the provisions of Section 9.9 |
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LRB094 04965 BDD 41884 a |
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| in the administrative and judicial
review procedures herein |
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| provided for original orders. |
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| The Department, by rule, must grant a waiver for future and |
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| past parental payments to: |
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| (1) a parent or guardian who regains custody where |
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| payment would cause a hardship to the family; |
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| (2) a parent or guardian who is making reasonable |
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| efforts and reasonable progress to regain custody of the |
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| child, where payment would impede reunification; or |
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| (3) a parent or guardian of a child who was adjudicated |
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| dependent under subsection (c) of Section 2-4 of the |
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| Juvenile Court Act of 1987 solely because the child was |
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| without proper medical or other remedial care recognized |
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| under State law or other care necessary for his or her |
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| well-being through no fault, neglect, or lack of concern by |
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| his or her parents, guardian, or custodian. |
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| No later than January 1, 2006, the Department shall file a |
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| proposed rule or a proposed amendment to an existing rule |
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| setting out the procedures for applying for a waiver and the |
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| standards for determining eligibility.
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| (Source: P.A. 83-1037.)
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| Section 10. The Juvenile Court Act of 1987 is amended by |
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| changing Section 2-18 as follows:
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| (705 ILCS 405/2-18) (from Ch. 37, par. 802-18)
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| Sec. 2-18. Evidence.
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| (1) At the adjudicatory hearing, the court shall first |
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| consider only the
question whether the minor is abused, |
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| neglected or dependent. The standard of
proof and the rules of |
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| evidence in the nature of civil proceedings in this
State are |
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| applicable to proceedings under this Article. If the petition |
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| also
seeks the appointment of a guardian of the person with
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| power to consent to adoption of the minor under Section 2-29, |
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09400HB0254ham001 |
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LRB094 04965 BDD 41884 a |
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| the court may
also consider legally admissible evidence at the |
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| adjudicatory hearing that one
or more grounds of unfitness |
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| exists under subdivision D of Section 1 of the
Adoption Act.
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| (2) In any hearing under this Act, the following shall |
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| constitute prima
facie evidence of abuse or neglect, as the |
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| case may be:
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| (a) proof that a minor has a medical diagnosis of |
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| battered child syndrome
is prima facie evidence of abuse;
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| (b) proof that a minor has a medical diagnosis of |
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| failure to thrive
syndrome is prima facie evidence of |
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| neglect;
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| (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 |
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| of withdrawal
symptoms from narcotics or barbiturates is |
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| prima facie evidence of neglect;
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| (e) proof of injuries sustained by a minor or of the |
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| condition of a minor
of such a nature as would ordinarily |
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| not be sustained or exist except by
reason of the acts or |
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| omissions of the parent, custodian or guardian of
such |
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| minor shall be prima facie evidence of abuse or neglect, as |
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| the case may
be;
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| (f) proof that a parent, custodian or guardian of a |
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| minor repeatedly used
a drug, to the extent that it has or |
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| would ordinarily have the effect of
producing in the user a |
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| substantial state of stupor, unconsciousness,
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| intoxication, hallucination, disorientation or |
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| incompetence, or a
substantial impairment of judgment, or a |
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| substantial manifestation of
irrationality, shall be prima |
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| facie evidence of neglect;
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| (g) proof that a parent, custodian, or guardian of a |
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| minor repeatedly
used a controlled substance, as defined in |
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| subsection (f) of Section 102 of the
Illinois Controlled |
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| Substances Act, in the presence of the minor or a sibling
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LRB094 04965 BDD 41884 a |
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| of the minor is prima facie evidence of neglect. "Repeated |
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| use", for the
purpose of this subsection, means more than |
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| one use of a controlled substance
as defined in subsection |
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| (f) of Section 102 of the Illinois Controlled
Substances |
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| Act;
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| (h) proof that a newborn infant's blood, urine, or |
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| meconium contains any
amount of a controlled substance as |
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| defined in subsection (f) of Section 102 of
the Illinois |
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| Controlled Substances Act, or a metabolite of a controlled
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| substance, with the exception of controlled substances or |
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| metabolites of those
substances, the presence of which is |
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| the result of medical treatment
administered to the mother |
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| or the newborn, is prime facie evidence of
neglect; |
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| (i) proof that a minor was present in a structure or |
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| vehicle in which the minor's parent, custodian, or guardian |
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| was involved in the manufacture of methamphetamine |
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| constitutes prima facie evidence of abuse and neglect.
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| (3) In any hearing under this Act, proof of the abuse, |
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| neglect or dependency
of one minor shall be admissible evidence |
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| on the issue of the abuse, neglect or
dependency of any other |
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| minor for whom the respondent is responsible.
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| (4) (a) Any writing, record, photograph or x-ray of any |
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| hospital or public
or private agency, whether in the form of an |
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| entry in a book or otherwise,
made as a memorandum or record of |
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| any condition, act, transaction, occurrence
or event relating |
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| to a minor in an abuse, neglect or
dependency proceeding, shall |
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| be
admissible in evidence as proof of that condition, act, |
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| transaction, occurrence
or event, if the court finds that the |
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| document was made in the regular course
of the business of the |
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| hospital or agency and that it was in the regular
course of |
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| such business to make it, at the time of the act, transaction,
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| occurrence or event, or within a reasonable time thereafter. |
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| Any portion of a document that contains an opinion as to a |
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| respondent's ability to care for the minor or the minor's bond |
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LRB094 04965 BDD 41884 a |
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| to the respondent is not admissible under this Section unless |
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| the individual who authored that opinion testifies as to that |
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| opinion. A certification
by the head or responsible employee of |
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| the hospital or agency that the writing,
record, photograph or |
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| x-ray is the full and complete record of the condition,
act, |
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| transaction, occurrence or event and that it satisfies the |
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| conditions
of this paragraph shall be prima facie evidence of |
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| the facts contained in
such certification. A certification by |
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| someone other than the head of the
hospital or agency shall be |
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| accompanied by a photocopy of a delegation of
authority signed |
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| by both the head of the hospital or agency and by such
other |
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| employee. All other circumstances of the making of the |
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| memorandum,
record, photograph or x-ray, including lack of |
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| personal knowledge of the
maker, may be proved to affect the |
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| weight to be accorded such evidence,
but shall not affect its |
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| admissibility.
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| (b) Any indicated report filed pursuant to the Abused and |
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| Neglected Child
Reporting Act shall be admissible in evidence.
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| (c) Previous statements made by the minor relating to any |
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| allegations
of abuse or neglect shall be admissible in |
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| evidence. However, no such
statement, if uncorroborated and not |
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| subject to cross-examination, shall be
sufficient in itself to |
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| support a finding of abuse or neglect.
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| (d) There shall be a rebuttable presumption that a minor is |
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| competent
to testify in abuse or neglect proceedings. The court |
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| shall determine how
much weight to give to the minor's |
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| testimony, and may allow the minor to
testify in chambers with |
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| only the court, the court reporter and attorneys
for the |
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| parties present.
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| (e) The privileged character of communication between any |
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| professional
person and patient or client, except privilege |
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| between attorney and client,
shall not apply to proceedings |
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| subject to this Article.
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| (f) Proof of the impairment of emotional health or |
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09400HB0254ham001 |
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LRB094 04965 BDD 41884 a |
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| impairment of mental
or emotional condition as a result of the |
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| failure of the respondent to exercise
a minimum degree of care |
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| toward a minor may include competent opinion or
expert |
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| testimony, and may include proof that such impairment lessened |
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| during
a period when the minor was in the care, custody or |
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| supervision of a person
or agency other than the respondent.
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| (5) In any hearing under this Act alleging neglect for |
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| failure to
provide education as required by law under |
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| subsection (1) of Section 2-3,
proof that a minor under 13 |
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| years of age who is subject to compulsory
school attendance |
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| under the School Code is a chronic truant as defined
under the |
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| School Code shall be prima facie evidence of neglect by the
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| parent or guardian in any hearing under this Act and proof that |
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| a minor who
is 13 years of age or older who is subject to |
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| compulsory school attendance
under the School Code is a chronic |
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| truant shall raise a rebuttable
presumption of neglect by the |
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| parent or guardian. This subsection (5)
shall not apply in |
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| counties with 2,000,000 or more inhabitants.
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| (6) In any hearing under this Act, the court may take |
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| judicial notice of
prior sworn testimony or evidence admitted |
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| in prior proceedings involving
the same minor if (a) the |
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| parties were either represented by counsel at such
prior |
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| proceedings or the right to counsel was knowingly waived and |
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| (b) the
taking of judicial notice would not result in admitting |
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| hearsay evidence at a
hearing where it would otherwise be |
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| prohibited.
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| (Source: P.A. 93-884, eff. 1-1-05.)".
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