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91_SB0309
LRB9105194REmb
1 AN ACT concerning neglected or abused minors.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Juvenile Court Act of 1987 is amended by
5 changing Sections 2-3 and 2-18 as follows:
6 (705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
7 Sec. 2-3. Neglected or abused minor.
8 (1) Those who are neglected include:
9 (a) any minor under 18 years of age who is not
10 receiving the proper or necessary support, education as
11 required by law, or medical or other remedial care
12 recognized under State law as necessary for a minor's
13 well-being, or other care necessary for his or her
14 well-being, including adequate food, clothing and
15 shelter, or who is abandoned by his or her parents or
16 other person responsible for the minor's welfare, except
17 that a minor shall not be considered neglected for the
18 sole reason that the minor's parent or other person
19 responsible for the minor's welfare has left the minor in
20 the care of an adult relative for any period of time; or
21 (b) any minor under 18 years of age whose
22 environment is injurious to his or her welfare; or
23 (c) any newborn infant whose blood, urine, or
24 meconium contains any amount of a controlled substance as
25 defined in subsection (f) of Section 102 of the Illinois
26 Controlled Substances Act, as now or hereafter amended,
27 or a metabolite of a controlled substance, with the
28 exception of controlled substances or metabolites of such
29 substances, the presence of which in the newborn infant
30 is the result of medical treatment administered to the
31 mother or the newborn infant; or
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1 (c-5) any minor under the age of 18 who is present
2 in his or her residence or the residence of another when
3 the minor's parent or immediate family member, or any
4 person responsible for the minor's welfare, or any person
5 who is in the same family or household as the minor, or
6 any individual residing in the same home as the minor, or
7 a paramour of the minor's parent, is engaged in any act
8 of domestic violence or domestic battery, is arrested for
9 any act of domestic violence or domestic battery, and is
10 charged or convicted with any act of domestic violence or
11 domestic battery as defined in the Criminal Code of 1961;
12 or
13 (d) any minor under the age of 14 years whose
14 parent or other person responsible for the minor's
15 welfare leaves the minor without supervision for an
16 unreasonable period of time without regard for the mental
17 or physical health, safety, or welfare of that minor.
18 Whether the minor was left without regard for the mental
19 or physical health, safety, or welfare of that minor or the
20 period of time was unreasonable shall be determined by
21 considering the following factors, including but not limited
22 to:
23 (1) the age of the minor;
24 (2) the number of minors left at the location;
25 (3) special needs of the minor, including whether
26 the minor is physically or mentally handicapped, or
27 otherwise in need of ongoing prescribed medical treatment
28 such as periodic doses of insulin or other medications;
29 (4) the duration of time in which the minor was
30 left without supervision;
31 (5) the condition and location of the place where
32 the minor was left without supervision;
33 (6) the time of day or night when the minor was
34 left without supervision;
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1 (7) the weather conditions, including whether the
2 minor was left in a location with adequate protection
3 from the natural elements such as adequate heat or light;
4 (8) the location of the parent or guardian at the
5 time the minor was left without supervision, the physical
6 distance the minor was from the parent or guardian at the
7 time the minor was without supervision;
8 (9) whether the minor's movement was restricted, or
9 the minor was otherwise locked within a room or other
10 structure;
11 (10) whether the minor was given a phone number of
12 a person or location to call in the event of an emergency
13 and whether the minor was capable of making an emergency
14 call;
15 (11) whether there was food and other provision
16 left for the minor;
17 (12) whether any of the conduct is attributable to
18 economic hardship or illness and the parent, guardian or
19 other person having physical custody or control of the
20 child made a good faith effort to provide for the health
21 and safety of the minor;
22 (13) the age and physical and mental capabilities
23 of the person or persons who provided supervision for the
24 minor;
25 (14) whether the minor was left under the
26 supervision of another person;
27 (15) any other factor that would endanger the
28 health and safety of that particular minor.
29 (2) Those who are abused include any minor under 18
30 years of age whose parent or immediate family member, or any
31 person responsible for the minor's welfare, or any person who
32 is in the same family or household as the minor, or any
33 individual residing in the same home as the minor, or a
34 paramour of the minor's parent:
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1 (i) inflicts, causes to be inflicted, or allows to
2 be inflicted upon such minor physical injury, by other
3 than accidental means, which causes death, disfigurement,
4 impairment of physical or emotional health, or loss or
5 impairment of any bodily function;
6 (ii) creates a substantial risk of physical injury
7 to such minor by other than accidental means which would
8 be likely to cause death, disfigurement, impairment of
9 emotional health, or loss or impairment of any bodily
10 function;
11 (iii) commits or allows to be committed any sex
12 offense against such minor, as such sex offenses are
13 defined in the Criminal Code of 1961, as amended, and
14 extending those definitions of sex offenses to include
15 minors under 18 years of age;
16 (iv) commits or allows to be committed an act or
17 acts of torture upon such minor; or
18 (v) inflicts excessive corporal punishment.
19 (3) This Section does not apply to a minor who would be
20 included herein solely for the purpose of qualifying for
21 financial assistance for himself, his parents, guardian or
22 custodian.
23 (Source: P.A. 89-21, eff. 7-1-95; 90-239, eff. 7-28-97.)
24 (705 ILCS 405/2-18) (from Ch. 37, par. 802-18)
25 Sec. 2-18. Evidence.
26 (1) At the adjudicatory hearing, the court shall first
27 consider only the question whether the minor is abused,
28 neglected or dependent. The standard of proof and the rules
29 of evidence in the nature of civil proceedings in this State
30 are applicable to proceedings under this Article. If the
31 petition also seeks the appointment of a guardian of the
32 person with power to consent to adoption of the minor under
33 Section 2-29, the court may also consider legally admissible
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1 evidence at the adjudicatory hearing that one or more grounds
2 of unfitness exists under subdivision D of Section 1 of the
3 Adoption Act.
4 (2) In any hearing under this Act, the following shall
5 constitute prima facie evidence of abuse or neglect, as the
6 case may be:
7 (a) proof that a minor has a medical diagnosis of
8 battered child syndrome is prima facie evidence of abuse;
9 (b) proof that a minor has a medical diagnosis of
10 failure to thrive syndrome is prima facie evidence of
11 neglect;
12 (c) proof that a minor has a medical diagnosis of
13 fetal alcohol syndrome is prima facie evidence of
14 neglect;
15 (d) proof that a minor has a medical diagnosis at
16 birth of withdrawal symptoms from narcotics or
17 barbiturates is prima facie evidence of neglect;
18 (e) proof of injuries sustained by a minor or of
19 the condition of a minor of such a nature as would
20 ordinarily not be sustained or exist except by reason of
21 the acts or omissions of the parent, custodian or
22 guardian of such minor shall be prima facie evidence of
23 abuse or neglect, as the case may be;
24 (f) proof that a parent, custodian or guardian of a
25 minor repeatedly used a drug, to the extent that it has
26 or would ordinarily have the effect of producing in the
27 user a substantial state of stupor, unconsciousness,
28 intoxication, hallucination, disorientation or
29 incompetence, or a substantial impairment of judgment, or
30 a substantial manifestation of irrationality, shall be
31 prima facie evidence of neglect;
32 (g) proof that a parent, custodian, or guardian of
33 a minor repeatedly used a controlled substance, as
34 defined in subsection (f) of Section 102 of the Illinois
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1 Controlled Substances Act, in the presence of the minor
2 or a sibling of the minor is prima facie evidence of
3 neglect. "Repeated use", for the purpose of this
4 subsection, means more than one use of a controlled
5 substance as defined in subsection (f) of Section 102 of
6 the Illinois Controlled Substances Act;
7 (h) proof that a newborn infant's blood, urine, or
8 meconium contains any amount of a controlled substance as
9 defined in subsection (f) of Section 102 of the Illinois
10 Controlled Substances Act, or a metabolite of a
11 controlled substance, with the exception of controlled
12 substances or metabolites of those substances, the
13 presence of which is the result of medical treatment
14 administered to the mother or the newborn, is prime facie
15 evidence of neglect.
16 (3) In any hearing under this Act, proof of the abuse,
17 neglect or dependency of one minor shall be admissible
18 evidence on the issue of the abuse, neglect or dependency of
19 any other minor for whom the respondent is responsible.
20 (4) (a) Any writing, record, photograph or x-ray of any
21 hospital or public or private agency, whether in the form of
22 an entry in a book or otherwise, made as a memorandum or
23 record of any condition, act, transaction, occurrence or
24 event relating to a minor in an abuse, neglect or dependency
25 proceeding, shall be admissible in evidence as proof of that
26 condition, act, transaction, occurrence or event, if the
27 court finds that the document was made in the regular course
28 of the business of the hospital or agency and that it was in
29 the regular course of such business to make it, at the time
30 of the act, transaction, occurrence or event, or within a
31 reasonable time thereafter. A certification by the head or
32 responsible employee of the hospital or agency that the
33 writing, record, photograph or x-ray is the full and complete
34 record of the condition, act, transaction, occurrence or
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1 event and that it satisfies the conditions of this paragraph
2 shall be prima facie evidence of the facts contained in such
3 certification. A certification by someone other than the
4 head of the hospital or agency shall be accompanied by a
5 photocopy of a delegation of authority signed by both the
6 head of the hospital or agency and by such other employee.
7 All other circumstances of the making of the memorandum,
8 record, photograph or x-ray, including lack of personal
9 knowledge of the maker, may be proved to affect the weight to
10 be accorded such evidence, but shall not affect its
11 admissibility.
12 (b) Any indicated report filed pursuant to the Abused
13 and Neglected Child Reporting Act shall be admissible in
14 evidence.
15 (c) Previous statements made by the minor relating to
16 any allegations of abuse or neglect shall be admissible in
17 evidence. However, no such statement, if uncorroborated and
18 not subject to cross-examination, shall be sufficient in
19 itself to support a finding of abuse or neglect.
20 (d) There shall be a rebuttable presumption that a minor
21 is competent to testify in abuse or neglect proceedings. The
22 court shall determine how much weight to give to the minor's
23 testimony, and may allow the minor to testify in chambers
24 with only the court, the court reporter and attorneys for the
25 parties present.
26 (e) The privileged character of communication between
27 any professional person and patient or client, except
28 privilege between attorney and client, shall not apply to
29 proceedings subject to this Article.
30 (f) Proof of the impairment of emotional health or
31 impairment of mental or emotional condition as a result of
32 the failure of the respondent to exercise a minimum degree of
33 care toward a minor may include competent opinion or expert
34 testimony, and may include proof that such impairment
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1 lessened during a period when the minor was in the care,
2 custody or supervision of a person or agency other than the
3 respondent.
4 (5) In any hearing under this Act alleging neglect for
5 failure to provide education as required by law under
6 subsection (1) of Section 2-3, proof that a minor under 13
7 years of age who is subject to compulsory school attendance
8 under the School Code is a chronic truant as defined under
9 the School Code shall be prima facie evidence of neglect by
10 the parent or guardian in any hearing under this Act and
11 proof that a minor who is 13 years of age or older who is
12 subject to compulsory school attendance under the School Code
13 is a chronic truant shall raise a rebuttable presumption of
14 neglect by the parent or guardian. This subsection (5) shall
15 not apply in counties with 2,000,000 or more inhabitants.
16 (6) In any hearing under this Act, the court may take
17 judicial notice of prior sworn testimony or evidence admitted
18 in prior proceedings involving the same minor if (a) the
19 parties were either represented by counsel at such prior
20 proceedings or the right to counsel was knowingly waived and
21 (b) the taking of judicial notice would not result in
22 admitting hearsay evidence at a hearing where it would
23 otherwise be prohibited.
24 (7) In any hearing under this Act, proof of a conviction
25 of domestic violence or domestic battery occurring in the
26 residence of the minor during a time when the minor was in
27 the residence by the minor's parent or immediate family
28 member, or any person responsible for the minor's welfare, or
29 any person who is in the same family or household as the
30 minor, or any individual residing in the same home as the
31 minor, or a paramour of the minor's parent, is prima facie
32 evidence of neglect.
33 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
34 P.A. 90-443); 90-608, eff. 6-30-98.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.