Illinois General Assembly - Full Text of HB1434
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Full Text of HB1434  103rd General Assembly




HB1434 EnrolledLRB103 05671 RLC 50690 b

1    AN ACT concerning courts.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 2-18 as follows:
6    (705 ILCS 405/2-18)  (from Ch. 37, par. 802-18)
7    Sec. 2-18. Evidence.
8    (1) At the adjudicatory hearing, the court shall first
9consider only the question whether the minor is abused,
10neglected or dependent. The standard of proof and the rules of
11evidence in the nature of civil proceedings in this State are
12applicable to proceedings under this Article. If the petition
13also seeks the appointment of a guardian of the person with
14power to consent to adoption of the minor under Section 2-29,
15the court may also consider legally admissible evidence at the
16adjudicatory hearing that one or more grounds of unfitness
17exists under subdivision D of Section 1 of the Adoption Act.
18    (2) In any hearing under this Act, the following shall
19constitute prima facie evidence of abuse or neglect, as the
20case may be:
21        (a) proof that a minor has a medical diagnosis of
22    battered child syndrome is prima facie evidence of abuse;
23        (b) proof that a minor has a medical diagnosis of



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1    failure to thrive syndrome is prima facie evidence of
2    neglect;
3        (c) proof that a minor has a medical diagnosis of
4    fetal alcohol syndrome is prima facie evidence of neglect;
5        (d) proof that a minor has a medical diagnosis at
6    birth of withdrawal symptoms from narcotics or
7    barbiturates is prima facie evidence of neglect;
8        (e) proof of injuries sustained by a minor or of the
9    condition of a minor of such a nature as would ordinarily
10    not be sustained or exist except by reason of the acts or
11    omissions of the parent, custodian or guardian of such
12    minor shall be prima facie evidence of abuse or neglect,
13    as the case may be;
14        (f) proof that a parent, custodian or guardian of a
15    minor repeatedly used a drug, to the extent that it has or
16    would ordinarily have the effect of producing in the user
17    a substantial state of stupor, unconsciousness,
18    intoxication, hallucination, disorientation or
19    incompetence, or a substantial impairment of judgment, or
20    a substantial manifestation of irrationality, shall be
21    prima facie evidence of neglect;
22        (g) proof that a parent, custodian, or guardian of a
23    minor repeatedly used a controlled substance, as defined
24    in subsection (f) of Section 102 of the Illinois
25    Controlled Substances Act, in the presence of the minor or
26    a sibling of the minor is prima facie evidence of neglect.



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1    "Repeated use", for the purpose of this subsection, means
2    more than one use of a controlled substance as defined in
3    subsection (f) of Section 102 of the Illinois Controlled
4    Substances Act;
5        (h) proof that a newborn infant's blood, urine, or
6    meconium contains any amount of a controlled substance as
7    defined in subsection (f) of Section 102 of the Illinois
8    Controlled Substances Act, or a metabolite of a controlled
9    substance, with the exception of controlled substances or
10    metabolites of those substances, the presence of which is
11    the result of medical treatment administered to the mother
12    or the newborn, is prime facie evidence of neglect;
13        (i) proof that a minor was present in a structure or
14    vehicle in which the minor's parent, custodian, or
15    guardian was involved in the manufacture of
16    methamphetamine constitutes prima facie evidence of abuse
17    and neglect;
18        (j) proof that a parent, custodian, or guardian of a
19    minor allows, encourages, or requires a minor to perform,
20    offer, or agree to perform any act of sexual penetration
21    as defined in Section 11-0.1 of the Criminal Code of 2012
22    for any money, property, token, object, or article or
23    anything of value, or any touching or fondling of the sex
24    organs of one person by another person, for any money,
25    property, token, object, or article or anything of value,
26    for the purpose of sexual arousal or gratification,



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1    constitutes prima facie evidence of abuse and neglect;
2        (k) proof that a parent, custodian, or guardian of a
3    minor commits or allows to be committed the offense of
4    involuntary servitude, involuntary sexual servitude of a
5    minor, or trafficking in persons as defined in Section
6    10-9 of the Criminal Code of 1961 or the Criminal Code of
7    2012, upon such minor, constitutes prima facie evidence of
8    abuse and neglect.
9    (3) In any hearing under this Act, proof of the abuse,
10neglect or dependency of one minor shall be admissible
11evidence on the issue of the abuse, neglect or dependency of
12any other minor for whom the respondent is responsible.
13    (4) (a) Any writing, record, photograph or x-ray of any
14hospital or public or private agency, whether in the form of an
15entry in a book or otherwise, made as a memorandum or record of
16any condition, act, transaction, occurrence or event relating
17to a minor in an abuse, neglect or dependency proceeding,
18shall be admissible in evidence as proof of that condition,
19act, transaction, occurrence or event, if the court finds that
20the document was made in the regular course of the business of
21the hospital or agency and that it was in the regular course of
22such business to make it, at the time of the act, transaction,
23occurrence or event, or within a reasonable time thereafter. A
24certification by the head or responsible employee or agent of
25the hospital or agency having knowledge of the creation and
26maintenance of or of the matters stated in that the writing,



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1record, photograph or x-ray attesting that the document is the
2full and complete record of the condition, act, transaction,
3occurrence or event and that it satisfies the conditions of
4this paragraph shall be prima facie evidence of the facts
5contained in such certification. A certification by someone
6other than the head of the hospital or agency shall be
7accompanied by a photocopy of a delegation of authority signed
8by both the head of the hospital or agency and by such other
9employee. All other circumstances of the making of the
10memorandum, record, photograph or x-ray, including lack of
11personal knowledge of the maker, may be proved to affect the
12weight to be accorded such evidence, but shall not affect its
14    (b) Any indicated report filed pursuant to the Abused and
15Neglected Child Reporting Act shall be admissible in evidence.
16    (c) Previous statements made by the minor relating to any
17allegations of abuse or neglect shall be admissible in
18evidence. However, no such statement, if uncorroborated and
19not subject to cross-examination, shall be sufficient in
20itself to support a finding of abuse or neglect.
21    (d) There shall be a rebuttable presumption that a minor
22is competent to testify in abuse or neglect proceedings. The
23court shall determine how much weight to give to the minor's
24testimony, and may allow the minor to testify in chambers with
25only the court, the court reporter and attorneys for the
26parties present.



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1    (e) The privileged character of communication between any
2professional person and patient or client, except privilege
3between attorney and client, shall not apply to proceedings
4subject to this Article.
5    (f) Proof of the impairment of emotional health or
6impairment of mental or emotional condition as a result of the
7failure of the respondent to exercise a minimum degree of care
8toward a minor may include competent opinion or expert
9testimony, and may include proof that such impairment lessened
10during a period when the minor was in the care, custody or
11supervision of a person or agency other than the respondent.
12    (5) In any hearing under this Act alleging neglect for
13failure to provide education as required by law under
14subsection (1) of Section 2-3, proof that a minor under 13
15years of age who is subject to compulsory school attendance
16under the School Code is a chronic truant as defined under the
17School Code shall be prima facie evidence of neglect by the
18parent or guardian in any hearing under this Act and proof that
19a minor who is 13 years of age or older who is subject to
20compulsory school attendance under the School Code is a
21chronic truant shall raise a rebuttable presumption of neglect
22by the parent or guardian. This subsection (5) shall not apply
23in counties with 2,000,000 or more inhabitants.
24    (6) In any hearing under this Act, the court may take
25judicial notice of prior sworn testimony or evidence admitted
26in prior proceedings involving the same minor if (a) the



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1parties were either represented by counsel at such prior
2proceedings or the right to counsel was knowingly waived and
3(b) the taking of judicial notice would not result in
4admitting hearsay evidence at a hearing where it would
5otherwise be prohibited.
6(Source: P.A. 96-1464, eff. 8-20-10; 97-897, eff. 1-1-13;
797-1150, eff. 1-25-13.)