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90_SB0363sam001
LRB9002769NTmbam01
1 AMENDMENT TO SENATE BILL 363
2 AMENDMENT NO. . Amend Senate Bill 363 by replacing
3 the title with the following:
4 "AN ACT to amend the Juvenile Court Act of 1987 by
5 changing Section 2-18."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Juvenile Court Act of 1987 is amended by
9 changing Section 2-18 as follows:
10 (705 ILCS 405/2-18) (from Ch. 37, par. 802-18)
11 (Text of Section before amendment by P.A. 89-704)
12 Sec. 2-18. Evidence.
13 (1) At the adjudicatory hearing, the court shall first
14 consider only the question whether the minor is abused,
15 neglected or dependent. The standard of proof and the rules
16 of evidence in the nature of civil proceedings in this State
17 are applicable to proceedings under this Article.
18 (2) In any hearing under this Act, the following shall
19 constitute prima facie evidence of abuse or neglect, as the
20 case may be:
21 (a) Proof that a minor has a medical diagnosis of
-2- LRB9002769NTmbam01
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
-3- LRB9002769NTmbam01
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,
-4- LRB9002769NTmbam01
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 a the minor relating to
9 any allegations of abuse or neglect shall be admissible in
10 evidence. However, no such statement, if uncorroborated and
11 not subject to cross-examination, shall be sufficient in
12 itself to support a finding of abuse or neglect.
13 (d) There shall be a rebuttable presumption that a minor
14 is competent to testify in abuse or neglect proceedings. The
15 court shall determine how much weight to give to the minor's
16 testimony, and may allow the minor to testify in chambers
17 with only the court, the court reporter and attorneys for the
18 parties present.
19 (e) The privileged character of communication between
20 any professional person and patient or client, except
21 privilege between attorney and client, shall not apply to
22 proceedings subject to this Article.
23 (f) Proof of the impairment of emotional health or
24 impairment of mental or emotional condition as a result of
25 the failure of the respondent to exercise a minimum degree of
26 care toward a minor may include competent opinion or expert
27 testimony, and may include proof that such impairment
28 lessened during a period when the minor was in the care,
29 custody or supervision of a person or agency other than the
30 respondent.
31 (5) In any hearing under this Act alleging neglect for
32 failure to provide education as required by law under
33 subsection (1) of Section 2-3, proof that a minor under 13
34 years of age who is subject to compulsory school attendance
-5- LRB9002769NTmbam01
1 under The School Code is a chronic truant as defined under
2 The School Code shall be prima facie evidence of neglect by
3 the parent or guardian in any hearing under this Act and
4 proof that a minor who is 13 years of age or older who is
5 subject to compulsory school attendance under The School Code
6 is a chronic truant shall raise a rebuttable presumption of
7 neglect by the parent or guardian. This subsection (5) shall
8 not apply in counties with 2,000,000 or more inhabitants.
9 (Source: P.A. 88-343.)
10 (Text of Section after amendment by P.A. 89-704)
11 Sec. 2-18. Evidence.
12 (1) At the adjudicatory hearing, the court shall first
13 consider only the question whether the minor is abused,
14 neglected or dependent. The standard of proof and the rules
15 of evidence in the nature of civil proceedings in this State
16 are applicable to proceedings under this Article. If the
17 petition also seeks the appointment of a guardian of the
18 person with power to consent to adoption of the minor under
19 Section 2-29, the court may also consider legally admissible
20 evidence at the adjudicatory hearing that one or more grounds
21 of unfitness exists under subdivision D of Section 1 of the
22 Adoption Act.
23 (2) In any hearing under this Act, the following shall
24 constitute prima facie evidence of abuse or neglect, as the
25 case may be:
26 (a) Proof that a minor has a medical diagnosis of
27 battered child syndrome is prima facie evidence of abuse;
28 (b) Proof that a minor has a medical diagnosis of
29 failure to thrive syndrome is prima facie evidence of
30 neglect;
31 (c) Proof that a minor has a medical diagnosis of
32 fetal alcohol syndrome is prima facie evidence of
33 neglect;
34 (d) Proof that a minor has a medical diagnosis at
-6- LRB9002769NTmbam01
1 birth of withdrawal symptoms from narcotics or
2 barbiturates is prima facie evidence of neglect;
3 (e) Proof of injuries sustained by a minor or of
4 the condition of a minor of such a nature as would
5 ordinarily not be sustained or exist except by reason of
6 the acts or omissions of the parent, custodian or
7 guardian of such minor shall be prima facie evidence of
8 abuse or neglect, as the case may be;
9 (f) Proof that a parent, custodian or guardian of a
10 minor repeatedly used a drug, to the extent that it has
11 or would ordinarily have the effect of producing in the
12 user a substantial state of stupor, unconsciousness,
13 intoxication, hallucination, disorientation or
14 incompetence, or a substantial impairment of judgment, or
15 a substantial manifestation of irrationality, shall be
16 prima facie evidence of neglect;
17 (g) Proof that a parent, custodian, or guardian of
18 a minor repeatedly used a controlled substance, as
19 defined in subsection (f) of Section 102 of the Illinois
20 Controlled Substances Act, in the presence of the minor
21 or a sibling of the minor is prima facie evidence of
22 neglect. "Repeated use", for the purpose of this
23 subsection, means more than one use of a controlled
24 substance as defined in subsection (f) of Section 102 of
25 the Illinois Controlled Substances Act;
26 (h) Proof that a newborn infant's blood, urine, or
27 meconium contains any amount of a controlled substance as
28 defined in subsection (f) of Section 102 of the Illinois
29 Controlled Substances Act, or a metabolite of a
30 controlled substance, with the exception of controlled
31 substances or metabolites of those substances, the
32 presence of which is the result of medical treatment
33 administered to the mother or the newborn, is prime facie
34 evidence of neglect.
-7- LRB9002769NTmbam01
1 (3) In any hearing under this Act, proof of the abuse,
2 neglect or dependency of one minor shall be admissible
3 evidence on the issue of the abuse, neglect or dependency of
4 any other minor for whom the respondent is responsible.
5 (4) (a) Any writing, record, photograph or x-ray of any
6 hospital or public or private agency, whether in the form of
7 an entry in a book or otherwise, made as a memorandum or
8 record of any condition, act, transaction, occurrence or
9 event relating to a minor in an abuse, neglect or dependency
10 proceeding, shall be admissible in evidence as proof of that
11 condition, act, transaction, occurrence or event, if the
12 court finds that the document was made in the regular course
13 of the business of the hospital or agency and that it was in
14 the regular course of such business to make it, at the time
15 of the act, transaction, occurrence or event, or within a
16 reasonable time thereafter. A certification by the head or
17 responsible employee of the hospital or agency that the
18 writing, record, photograph or x-ray is the full and complete
19 record of the condition, act, transaction, occurrence or
20 event and that it satisfies the conditions of this paragraph
21 shall be prima facie evidence of the facts contained in such
22 certification. A certification by someone other than the
23 head of the hospital or agency shall be accompanied by a
24 photocopy of a delegation of authority signed by both the
25 head of the hospital or agency and by such other employee.
26 All other circumstances of the making of the memorandum,
27 record, photograph or x-ray, including lack of personal
28 knowledge of the maker, may be proved to affect the weight to
29 be accorded such evidence, but shall not affect its
30 admissibility.
31 (b) Any indicated report filed pursuant to the Abused
32 and Neglected Child Reporting Act shall be admissible in
33 evidence.
34 (c) Previous statements made by a the minor relating to
-8- LRB9002769NTmbam01
1 any allegations of abuse or neglect shall be admissible in
2 evidence. However, no such statement, if uncorroborated and
3 not subject to cross-examination, shall be sufficient in
4 itself to support a finding of abuse or neglect.
5 (d) There shall be a rebuttable presumption that a minor
6 is competent to testify in abuse or neglect proceedings. The
7 court shall determine how much weight to give to the minor's
8 testimony, and may allow the minor to testify in chambers
9 with only the court, the court reporter and attorneys for the
10 parties present.
11 (e) The privileged character of communication between
12 any professional person and patient or client, except
13 privilege between attorney and client, shall not apply to
14 proceedings subject to this Article.
15 (f) Proof of the impairment of emotional health or
16 impairment of mental or emotional condition as a result of
17 the failure of the respondent to exercise a minimum degree of
18 care toward a minor may include competent opinion or expert
19 testimony, and may include proof that such impairment
20 lessened during a period when the minor was in the care,
21 custody or supervision of a person or agency other than the
22 respondent.
23 (5) In any hearing under this Act alleging neglect for
24 failure to provide education as required by law under
25 subsection (1) of Section 2-3, proof that a minor under 13
26 years of age who is subject to compulsory school attendance
27 under The School Code is a chronic truant as defined under
28 The School Code shall be prima facie evidence of neglect by
29 the parent or guardian in any hearing under this Act and
30 proof that a minor who is 13 years of age or older who is
31 subject to compulsory school attendance under The School Code
32 is a chronic truant shall raise a rebuttable presumption of
33 neglect by the parent or guardian. This subsection (5) shall
34 not apply in counties with 2,000,000 or more inhabitants.
-9- LRB9002769NTmbam01
1 (Source: P.A. 88-343; 89-704, eff. 1-1-98.)
2 Section 95. No acceleration or delay. Where this Act
3 makes changes in a statute that is represented in this Act by
4 text that is not yet or no longer in effect (for example, a
5 Section represented by multiple versions), the use of that
6 text does not accelerate or delay the taking effect of (i)
7 the changes made by this Act or (ii) provisions derived from
8 any other Public Act.
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.".