Illinois Compiled Statutes
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705 ILCS 405/2-18
(705 ILCS 405/2-18)
(from Ch. 37, par. 802-18)
(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
(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;
(j) proof that a parent, custodian, or guardian of a
minor allows, encourages, or requires a minor to perform, offer, or agree to perform any act of sexual penetration as defined in Section 11-0.1 of the Criminal Code of 2012 for any money, property, token, object, or article or anything of value, or any touching or fondling of the sex organs of one person by another person, for any money, property, token, object, or article or anything of value, for the purpose of sexual arousal or gratification, constitutes prima facie evidence of abuse and neglect;
(k) proof that a parent, custodian, or guardian of a
minor commits or allows to be committed the offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons as defined in Section 10-9 of the Criminal Code of 1961 or the Criminal Code of 2012, upon such minor, 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. 96-1464, eff. 8-20-10; 97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.)