Public Act 093-0884
 
SB2447 Enrolled LRB093 18520 RLC 44240 b

    AN ACT concerning minors.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 2-18 as follows:
 
    (705 ILCS 405/2-18)  (from Ch. 37, par. 802-18)
    Sec. 2-18. Evidence.
    (1) At the adjudicatory hearing, the court shall first
consider only the question whether the minor is abused,
neglected or dependent. The standard of proof and the rules of
evidence in the nature of civil proceedings in this State are
applicable to proceedings under this Article. If the petition
also seeks the appointment of a guardian of the person with
power to consent to adoption of the minor under Section 2-29,
the court may also consider legally admissible evidence at the
adjudicatory hearing that one or more grounds of unfitness
exists under subdivision D of Section 1 of the Adoption Act.
    (2) In any hearing under this Act, the following shall
constitute prima facie evidence of abuse or neglect, as the
case may be:
        (a) proof that a minor has a medical diagnosis of
    battered child syndrome is prima facie evidence of abuse;
        (b) proof that a minor has a medical diagnosis of
    failure to thrive syndrome is prima facie evidence of
    neglect;
        (c) proof that a minor has a medical diagnosis of fetal
    alcohol syndrome is prima facie evidence of neglect;
        (d) proof that a minor has a medical diagnosis at birth
    of withdrawal symptoms from narcotics or barbiturates is
    prima facie evidence of neglect;
        (e) proof of injuries sustained by a minor or of the
    condition of a minor of such a nature as would ordinarily
    not be sustained or exist except by reason of the acts or
    omissions of the parent, custodian or guardian of such
    minor shall be prima facie evidence of abuse or neglect, as
    the case may be;
        (f) proof that a parent, custodian or guardian of a
    minor repeatedly used a drug, to the extent that it has or
    would ordinarily have the effect of producing in the user a
    substantial state of stupor, unconsciousness,
    intoxication, hallucination, disorientation or
    incompetence, or a substantial impairment of judgment, or a
    substantial manifestation of irrationality, shall be prima
    facie evidence of neglect;
        (g) proof that a parent, custodian, or guardian of a
    minor repeatedly used a controlled substance, as defined in
    subsection (f) of Section 102 of the Illinois Controlled
    Substances Act, in the presence of the minor or a sibling
    of the minor is prima facie evidence of neglect. "Repeated
    use", for the purpose of this subsection, means more than
    one use of a controlled substance as defined in subsection
    (f) of Section 102 of the Illinois Controlled Substances
    Act;
        (h) proof that a newborn infant's blood, urine, or
    meconium contains any amount of a controlled substance as
    defined in subsection (f) of Section 102 of the Illinois
    Controlled Substances Act, or a metabolite of a controlled
    substance, with the exception of controlled substances or
    metabolites of those substances, the presence of which is
    the result of medical treatment administered to the mother
    or the newborn, is prime facie evidence of neglect; .
        (i) proof that a minor was present in a structure or
    vehicle in which the minor's parent, custodian, or guardian
    was involved in the manufacture of methamphetamine
    constitutes prima facie evidence of abuse and neglect.
    (3) In any hearing under this Act, proof of the abuse,
neglect or dependency of one minor shall be admissible evidence
on the issue of the abuse, neglect or dependency of any other
minor for whom the respondent is responsible.
    (4) (a) Any writing, record, photograph or x-ray of any
hospital or public or private agency, whether in the form of an
entry in a book or otherwise, made as a memorandum or record of
any condition, act, transaction, occurrence or event relating
to a minor in an abuse, neglect or dependency proceeding, shall
be admissible in evidence as proof of that condition, act,
transaction, occurrence or event, if the court finds that the
document was made in the regular course of the business of the
hospital or agency and that it was in the regular course of
such business to make it, at the time of the act, transaction,
occurrence or event, or within a reasonable time thereafter. A
certification by the head or responsible employee of the
hospital or agency that the writing, record, photograph or
x-ray is the full and complete record of the condition, act,
transaction, occurrence or event and that it satisfies the
conditions of this paragraph shall be prima facie evidence of
the facts contained in such certification. A certification by
someone other than the head of the hospital or agency shall be
accompanied by a photocopy of a delegation of authority signed
by both the head of the hospital or agency and by such other
employee. All other circumstances of the making of the
memorandum, record, photograph or x-ray, including lack of
personal knowledge of the maker, may be proved to affect the
weight to be accorded such evidence, but shall not affect its
admissibility.
    (b) Any indicated report filed pursuant to the Abused and
Neglected Child Reporting Act shall be admissible in evidence.
    (c) Previous statements made by the minor relating to any
allegations of abuse or neglect shall be admissible in
evidence. However, no such statement, if uncorroborated and not
subject to cross-examination, shall be sufficient in itself to
support a finding of abuse or neglect.
    (d) There shall be a rebuttable presumption that a minor is
competent to testify in abuse or neglect proceedings. The court
shall determine how much weight to give to the minor's
testimony, and may allow the minor to testify in chambers with
only the court, the court reporter and attorneys for the
parties present.
    (e) The privileged character of communication between any
professional person and patient or client, except privilege
between attorney and client, shall not apply to proceedings
subject to this Article.
    (f) Proof of the impairment of emotional health or
impairment of mental or emotional condition as a result of the
failure of the respondent to exercise a minimum degree of care
toward a minor may include competent opinion or expert
testimony, and may include proof that such impairment lessened
during a period when the minor was in the care, custody or
supervision of a person or agency other than the respondent.
    (5) In any hearing under this Act alleging neglect for
failure to provide education as required by law under
subsection (1) of Section 2-3, proof that a minor under 13
years of age who is subject to compulsory school attendance
under the School Code is a chronic truant as defined under the
School Code shall be prima facie evidence of neglect by the
parent or guardian in any hearing under this Act and proof that
a minor who is 13 years of age or older who is subject to
compulsory school attendance under the School Code is a chronic
truant shall raise a rebuttable presumption of neglect by the
parent or guardian. This subsection (5) shall not apply in
counties with 2,000,000 or more inhabitants.
    (6) In any hearing under this Act, the court may take
judicial notice of prior sworn testimony or evidence admitted
in prior proceedings involving the same minor if (a) the
parties were either represented by counsel at such prior
proceedings or the right to counsel was knowingly waived and
(b) the taking of judicial notice would not result in admitting
hearsay evidence at a hearing where it would otherwise be
prohibited.
(Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A.
90-443); 90-608, eff. 6-30-98.)

Effective Date: 1/1/2005