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90_SB0363eng
705 ILCS 405/1-1 from Ch. 37, par. 801-1
Amends the Juvenile Court Act of 1987 to make a technical
change to the short title provision.
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1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Section 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 Section 2-18 as follows:
7 (705 ILCS 405/2-18) (from Ch. 37, par. 802-18)
8 (Text of Section before amendment by P.A. 89-704)
9 Sec. 2-18. Evidence.
10 (1) At the adjudicatory hearing, the court shall first
11 consider only the question whether the minor is abused,
12 neglected or dependent. The standard of proof and the rules
13 of evidence in the nature of civil proceedings in this State
14 are applicable to proceedings under this Article.
15 (2) In any hearing under this Act, the following shall
16 constitute prima facie evidence of abuse or neglect, as the
17 case may be:
18 (a) Proof that a minor has a medical diagnosis of
19 battered child syndrome is prima facie evidence of abuse;
20 (b) Proof that a minor has a medical diagnosis of
21 failure to thrive syndrome is prima facie evidence of
22 neglect;
23 (c) Proof that a minor has a medical diagnosis of
24 fetal alcohol syndrome is prima facie evidence of
25 neglect;
26 (d) Proof that a minor has a medical diagnosis at
27 birth of withdrawal symptoms from narcotics or
28 barbiturates is prima facie evidence of neglect;
29 (e) Proof of injuries sustained by a minor or of
30 the condition of a minor of such a nature as would
31 ordinarily not be sustained or exist except by reason of
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1 the acts or omissions of the parent, custodian or
2 guardian of such minor shall be prima facie evidence of
3 abuse or neglect, as the case may be;
4 (f) Proof that a parent, custodian or guardian of a
5 minor repeatedly used a drug, to the extent that it has
6 or would ordinarily have the effect of producing in the
7 user a substantial state of stupor, unconsciousness,
8 intoxication, hallucination, disorientation or
9 incompetence, or a substantial impairment of judgment, or
10 a substantial manifestation of irrationality, shall be
11 prima facie evidence of neglect;
12 (g) Proof that a parent, custodian, or guardian of
13 a minor repeatedly used a controlled substance, as
14 defined in subsection (f) of Section 102 of the Illinois
15 Controlled Substances Act, in the presence of the minor
16 or a sibling of the minor is prima facie evidence of
17 neglect. "Repeated use", for the purpose of this
18 subsection, means more than one use of a controlled
19 substance as defined in subsection (f) of Section 102 of
20 the Illinois Controlled Substances Act;
21 (h) Proof that a newborn infant's blood, urine, or
22 meconium contains any amount of a controlled substance as
23 defined in subsection (f) of Section 102 of the Illinois
24 Controlled Substances Act, or a metabolite of a
25 controlled substance, with the exception of controlled
26 substances or metabolites of those substances, the
27 presence of which is the result of medical treatment
28 administered to the mother or the newborn, is prime facie
29 evidence of neglect.
30 (3) In any hearing under this Act, proof of the abuse,
31 neglect or dependency of one minor shall be admissible
32 evidence on the issue of the abuse, neglect or dependency of
33 any other minor for whom the respondent is responsible.
34 (4) (a) Any writing, record, photograph or x-ray of any
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1 hospital or public or private agency, whether in the form of
2 an entry in a book or otherwise, made as a memorandum or
3 record of any condition, act, transaction, occurrence or
4 event relating to a minor in an abuse, neglect or dependency
5 proceeding, shall be admissible in evidence as proof of that
6 condition, act, transaction, occurrence or event, if the
7 court finds that the document was made in the regular course
8 of the business of the hospital or agency and that it was in
9 the regular course of such business to make it, at the time
10 of the act, transaction, occurrence or event, or within a
11 reasonable time thereafter. A certification by the head or
12 responsible employee of the hospital or agency that the
13 writing, record, photograph or x-ray is the full and complete
14 record of the condition, act, transaction, occurrence or
15 event and that it satisfies the conditions of this paragraph
16 shall be prima facie evidence of the facts contained in such
17 certification. A certification by someone other than the
18 head of the hospital or agency shall be accompanied by a
19 photocopy of a delegation of authority signed by both the
20 head of the hospital or agency and by such other employee.
21 All other circumstances of the making of the memorandum,
22 record, photograph or x-ray, including lack of personal
23 knowledge of the maker, may be proved to affect the weight to
24 be accorded such evidence, but shall not affect its
25 admissibility.
26 (b) Any indicated report filed pursuant to the Abused
27 and Neglected Child Reporting Act shall be admissible in
28 evidence.
29 (c) Previous statements made by a the minor relating to
30 any allegations of abuse or neglect shall be admissible in
31 evidence. However, no such statement, if uncorroborated and
32 not subject to cross-examination, shall be sufficient in
33 itself to support a finding of abuse or neglect.
34 (d) There shall be a rebuttable presumption that a minor
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1 is competent to testify in abuse or neglect proceedings. The
2 court shall determine how much weight to give to the minor's
3 testimony, and may allow the minor to testify in chambers
4 with only the court, the court reporter and attorneys for the
5 parties present.
6 (e) The privileged character of communication between
7 any professional person and patient or client, except
8 privilege between attorney and client, shall not apply to
9 proceedings subject to this Article.
10 (f) Proof of the impairment of emotional health or
11 impairment of mental or emotional condition as a result of
12 the failure of the respondent to exercise a minimum degree of
13 care toward a minor may include competent opinion or expert
14 testimony, and may include proof that such impairment
15 lessened during a period when the minor was in the care,
16 custody or supervision of a person or agency other than the
17 respondent.
18 (5) In any hearing under this Act alleging neglect for
19 failure to provide education as required by law under
20 subsection (1) of Section 2-3, proof that a minor under 13
21 years of age who is subject to compulsory school attendance
22 under The School Code is a chronic truant as defined under
23 The School Code shall be prima facie evidence of neglect by
24 the parent or guardian in any hearing under this Act and
25 proof that a minor who is 13 years of age or older who is
26 subject to compulsory school attendance under The School Code
27 is a chronic truant shall raise a rebuttable presumption of
28 neglect by the parent or guardian. This subsection (5) shall
29 not apply in counties with 2,000,000 or more inhabitants.
30 (Source: P.A. 88-343.)
31 (Text of Section after amendment by P.A. 89-704)
32 Sec. 2-18. Evidence.
33 (1) At the adjudicatory hearing, the court shall first
34 consider only the question whether the minor is abused,
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1 neglected or dependent. The standard of proof and the rules
2 of evidence in the nature of civil proceedings in this State
3 are applicable to proceedings under this Article. If the
4 petition also seeks the appointment of a guardian of the
5 person with power to consent to adoption of the minor under
6 Section 2-29, the court may also consider legally admissible
7 evidence at the adjudicatory hearing that one or more grounds
8 of unfitness exists under subdivision D of Section 1 of the
9 Adoption Act.
10 (2) In any hearing under this Act, the following shall
11 constitute prima facie evidence of abuse or neglect, as the
12 case may be:
13 (a) Proof that a minor has a medical diagnosis of
14 battered child syndrome is prima facie evidence of abuse;
15 (b) Proof that a minor has a medical diagnosis of
16 failure to thrive syndrome is prima facie evidence of
17 neglect;
18 (c) Proof that a minor has a medical diagnosis of
19 fetal alcohol syndrome is prima facie evidence of
20 neglect;
21 (d) Proof that a minor has a medical diagnosis at
22 birth of withdrawal symptoms from narcotics or
23 barbiturates is prima facie evidence of neglect;
24 (e) Proof of injuries sustained by a minor or of
25 the condition of a minor of such a nature as would
26 ordinarily not be sustained or exist except by reason of
27 the acts or omissions of the parent, custodian or
28 guardian of such minor shall be prima facie evidence of
29 abuse or neglect, as the case may be;
30 (f) Proof that a parent, custodian or guardian of a
31 minor repeatedly used a drug, to the extent that it has
32 or would ordinarily have the effect of producing in the
33 user a substantial state of stupor, unconsciousness,
34 intoxication, hallucination, disorientation or
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1 incompetence, or a substantial impairment of judgment, or
2 a substantial manifestation of irrationality, shall be
3 prima facie evidence of neglect;
4 (g) Proof that a parent, custodian, or guardian of
5 a minor repeatedly used a controlled substance, as
6 defined in subsection (f) of Section 102 of the Illinois
7 Controlled Substances Act, in the presence of the minor
8 or a sibling of the minor is prima facie evidence of
9 neglect. "Repeated use", for the purpose of this
10 subsection, means more than one use of a controlled
11 substance as defined in subsection (f) of Section 102 of
12 the Illinois Controlled Substances Act;
13 (h) Proof that a newborn infant's blood, urine, or
14 meconium contains any amount of a controlled substance as
15 defined in subsection (f) of Section 102 of the Illinois
16 Controlled Substances Act, or a metabolite of a
17 controlled substance, with the exception of controlled
18 substances or metabolites of those substances, the
19 presence of which is the result of medical treatment
20 administered to the mother or the newborn, is prime facie
21 evidence of neglect.
22 (3) In any hearing under this Act, proof of the abuse,
23 neglect or dependency of one minor shall be admissible
24 evidence on the issue of the abuse, neglect or dependency of
25 any other minor for whom the respondent is responsible.
26 (4) (a) Any writing, record, photograph or x-ray of any
27 hospital or public or private agency, whether in the form of
28 an entry in a book or otherwise, made as a memorandum or
29 record of any condition, act, transaction, occurrence or
30 event relating to a minor in an abuse, neglect or dependency
31 proceeding, shall be admissible in evidence as proof of that
32 condition, act, transaction, occurrence or event, if the
33 court finds that the document was made in the regular course
34 of the business of the hospital or agency and that it was in
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1 the regular course of such business to make it, at the time
2 of the act, transaction, occurrence or event, or within a
3 reasonable time thereafter. A certification by the head or
4 responsible employee of the hospital or agency that the
5 writing, record, photograph or x-ray is the full and complete
6 record of the condition, act, transaction, occurrence or
7 event and that it satisfies the conditions of this paragraph
8 shall be prima facie evidence of the facts contained in such
9 certification. A certification by someone other than the
10 head of the hospital or agency shall be accompanied by a
11 photocopy of a delegation of authority signed by both the
12 head of the hospital or agency and by such other employee.
13 All other circumstances of the making of the memorandum,
14 record, photograph or x-ray, including lack of personal
15 knowledge of the maker, may be proved to affect the weight to
16 be accorded such evidence, but shall not affect its
17 admissibility.
18 (b) Any indicated report filed pursuant to the Abused
19 and Neglected Child Reporting Act shall be admissible in
20 evidence.
21 (c) Previous statements made by a the minor relating to
22 any allegations of abuse or neglect shall be admissible in
23 evidence. However, no such statement, if uncorroborated and
24 not subject to cross-examination, shall be sufficient in
25 itself to support a finding of abuse or neglect.
26 (d) There shall be a rebuttable presumption that a minor
27 is competent to testify in abuse or neglect proceedings. The
28 court shall determine how much weight to give to the minor's
29 testimony, and may allow the minor to testify in chambers
30 with only the court, the court reporter and attorneys for the
31 parties present.
32 (e) The privileged character of communication between
33 any professional person and patient or client, except
34 privilege between attorney and client, shall not apply to
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1 proceedings subject to this Article.
2 (f) Proof of the impairment of emotional health or
3 impairment of mental or emotional condition as a result of
4 the failure of the respondent to exercise a minimum degree of
5 care toward a minor may include competent opinion or expert
6 testimony, and may include proof that such impairment
7 lessened during a period when the minor was in the care,
8 custody or supervision of a person or agency other than the
9 respondent.
10 (5) In any hearing under this Act alleging neglect for
11 failure to provide education as required by law under
12 subsection (1) of Section 2-3, proof that a minor under 13
13 years of age who is subject to compulsory school attendance
14 under The School Code is a chronic truant as defined under
15 The School Code shall be prima facie evidence of neglect by
16 the parent or guardian in any hearing under this Act and
17 proof that a minor who is 13 years of age or older who is
18 subject to compulsory school attendance under The School Code
19 is a chronic truant shall raise a rebuttable presumption of
20 neglect by the parent or guardian. This subsection (5) shall
21 not apply in counties with 2,000,000 or more inhabitants.
22 (Source: P.A. 88-343; 89-704, eff. 1-1-98.)
23 Section 95. No acceleration or delay. Where this Act
24 makes changes in a statute that is represented in this Act by
25 text that is not yet or no longer in effect (for example, a
26 Section represented by multiple versions), the use of that
27 text does not accelerate or delay the taking effect of (i)
28 the changes made by this Act or (ii) provisions derived from
29 any other Public Act.
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.