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90_HB0063
705 ILCS 405/1-5 from Ch. 37, par. 801-5
705 ILCS 405/2-18 from Ch. 37, par. 802-18
Amends the Juvenile Court Act of 1987. Provides that in
proceedings under Article II (abused, neglected, or dependent
minor) of the Juvenile Court Act, the minor shall be given
the opportunity to address the court personally or through
counsel and to testify on his or her own behalf. Provides
that it is an absolute right of the minor to be present in
court. The court in its discretion, based on a finding of
irreparable harm to the minor, may exclude the minor from
parts of a dispositional hearing and, with the consent of the
parents, guardian, counsel, or guardian ad litem, from parts
of an adjudicatory hearing. (Current law gives discretion to
the court to exclude the minor without a finding of
irreparable harm.) Provides that previous out-of-court
statements made by the minor relating allegations of abuse or
neglect are presumed admissible and the requirement of
corroboration of the statement shall be applied liberally.
Deletes provision that uncorroborated statements not subject
to cross examination are not sufficient in themselves to
support a finding of abuse or neglect. Effective
immediately.
LRB9000712DJcd
LRB9000712DJcd
1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Sections 1-5 and 2-18.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Juvenile Court Act of 1987 is amended by
6 changing Sections 1-5 and 2-18 as follows:
7 (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
8 Sec. 1-5. Rights of parties to proceedings.
9 (1) Except as provided in this Section and paragraph (2)
10 of Sections 2-22, 3-23, 4-20 or 5-22, the minor who is the
11 subject of the proceeding and his parents, guardian, legal
12 custodian or responsible relative who are parties respondent
13 have the right to be present, to be heard, to present
14 evidence material to the proceedings, to cross-examine
15 witnesses, to examine pertinent court files and records and
16 also, although proceedings under this Act are not intended to
17 be adversary in character, the right to be represented by
18 counsel. At the request of any party financially unable to
19 employ counsel, with the exception of a foster parent
20 permitted to intervene under this Section, the court shall
21 appoint the Public Defender or such other counsel as the case
22 may require.
23 No hearing on any petition filed under this Act may be
24 commenced unless the minor who is the subject of the
25 proceeding is represented by counsel. Each adult respondent
26 shall be furnished a written "Notice of Rights" at or before
27 the first hearing at which he or she appears.
28 (2) (a) Though not appointed guardian or legal custodian
29 or otherwise made a party to the proceeding, any current or
30 previously appointed foster parent or representative of an
31 agency or association interested in the minor has the right
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1 to be heard by the court, but does not thereby become a party
2 to the proceeding.
3 In addition to the foregoing right to be heard by the
4 court, any current foster parent of a minor and the agency
5 designated by the court or the Department of Children and
6 Family Services as custodian of the minor who has been
7 adjudicated an abused or neglected minor under Section 2-3 or
8 a dependent minor under Section 2-4 of this Act has the right
9 to and shall be given adequate notice at all stages of any
10 hearing or proceeding under this Act wherein the custody or
11 status of the minor may be changed. Such notice shall
12 contain a statement regarding the nature and denomination of
13 the hearing or proceeding to be held, the change in custody
14 or status of the minor sought to be obtained at such hearing
15 or proceeding, and the date, time and place of such hearing
16 or proceeding. The Department of Children and Family
17 Services or the licensed child welfare agency that has placed
18 the minor with the foster parent shall notify the clerk of
19 the court of the name and address of the current foster
20 parent. The clerk shall mail the notice by certified mail
21 marked for delivery to addressee only. The regular return
22 receipt for certified mail is sufficient proof of service.
23 Any foster parent who is denied his or her right to be
24 heard under this Section may bring a mandamus action under
25 Article XIV of the Code of Civil Procedure against the court
26 or any public agency to enforce that right. The mandamus
27 action may be brought immediately upon the denial of those
28 rights but in no event later than 30 days after the foster
29 parent has been denied the right to be heard.
30 (b) If after an adjudication that a minor is abused or
31 neglected as provided under Section 2-21 of this Act and an
32 application has been made to restore the minor to any parent,
33 guardian, or legal custodian found by the court to have
34 caused the neglect or to have inflicted the abuse on the
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1 minor, a foster parent may petition the court to intervene in
2 the proceeding for the sole purpose of requesting that the
3 minor be placed with the foster parent, provided that the
4 foster parent (i) is the current foster parent of the minor
5 or (ii) has previously been a foster parent for the minor for
6 one year or more, has a foster care license or is eligible
7 for a license, and is not the subject of any findings of
8 abuse or neglect of any child. The juvenile court may only
9 enter orders placing a minor with a specific foster parent
10 under this subsection (2)(b) and nothing in this Section
11 shall be construed to confer any jurisdiction or authority on
12 the juvenile court to issue any other orders requiring the
13 appointed guardian or custodian of a minor to place the minor
14 in a designated foster home or facility. This Section is not
15 intended to encompass any matters that are within the scope
16 or determinable under the administrative and appeal process
17 established by rules of the Department of Children and Family
18 Services under Section 5(o) of the Children and Family
19 Services Act. Nothing in this Section shall relieve the
20 court of its responsibility, under Section 2-14(a) of this
21 Act to act in a just and speedy manner to reunify families
22 where it is the best interests of the minor and, if
23 reunification is not in the best interests of the minor, to
24 find another permanent home for the minor. Nothing in this
25 Section, or in any order issued by the court with respect to
26 the placement of a minor with a foster parent, shall impair
27 the ability of the Department of Children and Family
28 Services, or anyone else authorized under Section 5 of the
29 Abused and Neglected Child Reporting Act, to remove a minor
30 from the home of a foster parent if the Department of
31 Children and Family Services or the person removing the minor
32 has reason to believe that the circumstances or conditions of
33 the minor are such that continuing in the residence or care
34 of the foster parent present an imminent risk of harm to that
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1 minor's life or health.
2 (c) If a foster parent has had the minor who is the
3 subject of the proceeding under Article II in his or her home
4 for more than one year on or after July 3, 1994 and if the
5 minor's placement is being terminated from that foster
6 parent's home, that foster parent shall have standing and
7 intervenor status except in those circumstances where the
8 Department of Children and Family Services or anyone else
9 authorized under Section 5 of the Abused and Neglected Child
10 Reporting Act has removed the minor from the foster parent
11 because of a reasonable belief that the circumstances or
12 conditions of the minor are such that continuing in the
13 residence or care of the foster parent presents an imminent
14 risk of harm to the minor's life or health.
15 (d) The court may grant standing to any foster parent if
16 the court finds that it is in the best interest of the child
17 for the foster parent to have standing and intervenor status.
18 (3) Parties respondent are entitled to notice in
19 compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
20 and 4-15 or 5-15 and 5-16, as appropriate. At the first
21 appearance before the court by the minor, his parents,
22 guardian, custodian or responsible relative, the court shall
23 explain the nature of the proceedings and inform the parties
24 of their rights under the first 2 paragraphs of this Section.
25 Upon an adjudication of wardship of the court under Sections
26 2-22, 3-23, 4-20 or 5-22, the court shall inform the parties
27 of their right to appeal therefrom as well as from any other
28 final judgment of the court.
29 (4) No sanction may be applied against the minor who is
30 the subject of the proceedings by reason of his refusal or
31 failure to testify in the course of any hearing held prior to
32 final adjudication under Section 2-22, 3-23, 4-20 or 5-22. In
33 a proceeding under Article II of this Act the minor shall be
34 given the opportunity to address the court personally or
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1 through counsel and to testify on his or her own behalf. The
2 testimony by the minor shall be in chambers, and cross
3 examination shall be restricted to questions submitted in
4 writing to the court and propounded by the court.
5 (5) It is the absolute right of the minor to be present
6 in court. In the discretion of the court, based on a finding
7 of irreparable harm to the minor, the minor may be excluded
8 from any part or parts of a dispositional hearing and, with
9 the consent of the parent or parents, guardian, counsel or a
10 guardian ad litem, from any part or parts of an adjudicatory
11 hearing.
12 (6) The general public except for the news media and the
13 victim shall be excluded from any hearing and, except for the
14 persons specified in this Section only persons, including
15 representatives of agencies and associations, who in the
16 opinion of the court have a direct interest in the case or in
17 the work of the court shall be admitted to the hearing.
18 However, the court may, for the minor's protection and for
19 good cause shown, prohibit any person or agency present in
20 court from further disclosing the minor's identity.
21 (Source: P.A. 87-759; 88-7; 88-549, eff. 7-3-94; 88-550, eff.
22 7-3-94; 88-691, eff. 1-24-95; 89-235, eff. 8-4-95.)
23 (705 ILCS 405/2-18) (from Ch. 37, par. 802-18)
24 Sec. 2-18. Evidence.
25 (1) At the adjudicatory hearing, the court shall first
26 consider only the question whether the minor is abused,
27 neglected or dependent. The standard of proof and the rules
28 of evidence in the nature of civil proceedings in this State
29 are applicable to proceedings under this Article.
30 (2) In any hearing under this Act, the following shall
31 constitute prima facie evidence of abuse or neglect, as the
32 case may be:
33 (a) Proof that a minor has a medical diagnosis of
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1 battered child syndrome is prima facie evidence of abuse;
2 (b) Proof that a minor has a medical diagnosis of
3 failure to thrive syndrome is prima facie evidence of
4 neglect;
5 (c) Proof that a minor has a medical diagnosis of
6 fetal alcohol syndrome is prima facie evidence of
7 neglect;
8 (d) Proof that a minor has a medical diagnosis at
9 birth of withdrawal symptoms from narcotics or
10 barbiturates is prima facie evidence of neglect;
11 (e) Proof of injuries sustained by a minor or of
12 the condition of a minor of such a nature as would
13 ordinarily not be sustained or exist except by reason of
14 the acts or omissions of the parent, custodian or
15 guardian of such minor shall be prima facie evidence of
16 abuse or neglect, as the case may be;
17 (f) Proof that a parent, custodian or guardian of a
18 minor repeatedly used a drug, to the extent that it has
19 or would ordinarily have the effect of producing in the
20 user a substantial state of stupor, unconsciousness,
21 intoxication, hallucination, disorientation or
22 incompetence, or a substantial impairment of judgment, or
23 a substantial manifestation of irrationality, shall be
24 prima facie evidence of neglect;
25 (g) Proof that a parent, custodian, or guardian of
26 a minor repeatedly used a controlled substance, as
27 defined in subsection (f) of Section 102 of the Illinois
28 Controlled Substances Act, in the presence of the minor
29 or a sibling of the minor is prima facie evidence of
30 neglect. "Repeated use", for the purpose of this
31 subsection, means more than one use of a controlled
32 substance as defined in subsection (f) of Section 102 of
33 the Illinois Controlled Substances Act;
34 (h) Proof that a newborn infant's blood, urine, or
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1 meconium contains any amount of a controlled substance as
2 defined in subsection (f) of Section 102 of the Illinois
3 Controlled Substances Act, or a metabolite of a
4 controlled substance, with the exception of controlled
5 substances or metabolites of those substances, the
6 presence of which is the result of medical treatment
7 administered to the mother or the newborn, is prime facie
8 evidence of neglect.
9 (3) In any hearing under this Act, proof of the abuse,
10 neglect or dependency of one minor shall be admissible
11 evidence on the issue of the abuse, neglect or dependency of
12 any other minor for whom the respondent is responsible.
13 (4) (a) Any writing, record, photograph or x-ray of any
14 hospital or public or private agency, whether in the form of
15 an entry in a book or otherwise, made as a memorandum or
16 record of any condition, act, transaction, occurrence or
17 event relating to a minor in an abuse, neglect or dependency
18 proceeding, shall be admissible in evidence as proof of that
19 condition, act, transaction, occurrence or event, if the
20 court finds that the document was made in the regular course
21 of the business of the hospital or agency and that it was in
22 the regular course of such business to make it, at the time
23 of the act, transaction, occurrence or event, or within a
24 reasonable time thereafter. A certification by the head or
25 responsible employee of the hospital or agency that the
26 writing, record, photograph or x-ray is the full and complete
27 record of the condition, act, transaction, occurrence or
28 event and that it satisfies the conditions of this paragraph
29 shall be prima facie evidence of the facts contained in such
30 certification. A certification by someone other than the
31 head of the hospital or agency shall be accompanied by a
32 photocopy of a delegation of authority signed by both the
33 head of the hospital or agency and by such other employee.
34 All other circumstances of the making of the memorandum,
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1 record, photograph or x-ray, including lack of personal
2 knowledge of the maker, may be proved to affect the weight to
3 be accorded such evidence, but shall not affect its
4 admissibility.
5 (b) Any indicated report filed pursuant to the Abused
6 and Neglected Child Reporting Act shall be admissible in
7 evidence.
8 (c) Previous statements made by the minor relating to
9 any allegations of abuse or neglect shall be admissible in
10 evidence. The court shall presume that a minor's
11 out-of-court statement is admissible and the requirement of
12 corroboration of the statement shall be applied liberally.
13 However, no such statement, if uncorroborated and not subject
14 to cross-examination, shall be sufficient in itself to
15 support a finding of abuse or neglect.
16 (d) There shall be a rebuttable presumption that a minor
17 is competent to testify in abuse or neglect proceedings. The
18 court shall determine how much weight to give to the minor's
19 testimony, and may allow the minor to testify in chambers
20 with only the court, the court reporter and attorneys for the
21 parties present.
22 (e) The privileged character of communication between
23 any professional person and patient or client, except
24 privilege between attorney and client, shall not apply to
25 proceedings subject to this Article.
26 (f) Proof of the impairment of emotional health or
27 impairment of mental or emotional condition as a result of
28 the failure of the respondent to exercise a minimum degree of
29 care toward a minor may include competent opinion or expert
30 testimony, and may include proof that such impairment
31 lessened during a period when the minor was in the care,
32 custody or supervision of a person or agency other than the
33 respondent.
34 (5) In any hearing under this Act alleging neglect for
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1 failure to provide education as required by law under
2 subsection (1) of Section 2-3, proof that a minor under 13
3 years of age who is subject to compulsory school attendance
4 under The School Code is a chronic truant as defined under
5 The School Code shall be prima facie evidence of neglect by
6 the parent or guardian in any hearing under this Act and
7 proof that a minor who is 13 years of age or older who is
8 subject to compulsory school attendance under The School Code
9 is a chronic truant shall raise a rebuttable presumption of
10 neglect by the parent or guardian. This subsection (5) shall
11 not apply in counties with 2,000,000 or more inhabitants.
12 (Source: P.A. 88-343.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.