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92_HB4167eng HB4167 Engrossed LRB9212473ACcd 1 AN ACT in relation to the courts. 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 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 9 consider only the question whether the minor is abused, 10 neglected or dependent. The standard of proof and the rules 11 of evidence in the nature of civil proceedings in this State 12 are applicable to proceedings under this Article. If the 13 petition also seeks the appointment of a guardian of the 14 person with power to consent to adoption of the minor under 15 Section 2-29, the court may also consider legally admissible 16 evidence at the adjudicatory hearing that one or more grounds 17 of unfitness exists under subdivision D of Section 1 of the 18 Adoption Act. 19 (2) In any hearing under this Act, the following shall 20 constitute prima facie evidence of abuse or neglect, as the 21 case may be: 22 (a) proof that a minor has a medical diagnosis of 23 battered child syndrome is prima facie evidence of abuse; 24 (b) proof that a minor has a medical diagnosis of 25 failure to thrive syndrome is prima facie evidence of 26 neglect; 27 (c) proof that a minor has a medical diagnosis of 28 fetal alcohol syndrome is prima facie evidence of 29 neglect; 30 (d) proof that a minor has a medical diagnosis at 31 birth of withdrawal symptoms from narcotics or HB4167 Engrossed -2- LRB9212473ACcd 1 barbiturates is prima facie evidence of neglect; 2 (e) proof of injuries sustained by a minor or of 3 the condition of a minor of such a nature as would 4 ordinarily not be sustained or exist except by reason of 5 the acts or omissions of the parent, custodian or 6 guardian of such minor shall be prima facie evidence of 7 abuse or neglect, as the case may be; 8 (f) proof that a parent, custodian or guardian of a 9 minor repeatedly used a drug, to the extent that it has 10 or would ordinarily have the effect of producing in the 11 user a substantial state of stupor, unconsciousness, 12 intoxication, hallucination, disorientation or 13 incompetence, or a substantial impairment of judgment, or 14 a substantial manifestation of irrationality, shall be 15 prima facie evidence of neglect; 16 (g) proof that a parent, custodian, or guardian of 17 a minor repeatedly used a controlled substance, as 18 defined in subsection (f) of Section 102 of the Illinois 19 Controlled Substances Act, in the presence of the minor 20 or a sibling of the minor is prima facie evidence of 21 neglect. "Repeated use", for the purpose of this 22 subsection, means more than one use of a controlled 23 substance as defined in subsection (f) of Section 102 of 24 the Illinois Controlled Substances Act; 25 (h) proof that a newborn infant's blood, urine, or 26 meconium contains any amount of a controlled substance as 27 defined in subsection (f) of Section 102 of the Illinois 28 Controlled Substances Act, or a metabolite of a 29 controlled substance, with the exception of controlled 30 substances or metabolites of those substances, the 31 presence of which is the result of medical treatment 32 administered to the mother or the newborn, is prime facie 33 evidence of neglect. 34 (3) In any hearing under this Act, proof of the abuse, HB4167 Engrossed -3- LRB9212473ACcd 1 neglect or dependency of one minor shall be admissible 2 evidence on the issue of the abuse, neglect or dependency of 3 any other minor for whom the respondent is responsible. 4 (4) (a) Any writing, record, photograph or x-ray of any 5 hospital or public or private agency, whether in the form of 6 an entry in a book or otherwise, made as a memorandum or 7 record of any condition, act, transaction, occurrence or 8 event relating to a minor in an abuse, neglect or dependency 9 proceeding, shall be admissible in evidence as proof of that 10 condition, act, transaction, occurrence or event, if the 11 court finds that the document was made in the regular course 12 of the business of the hospital or agency and that it was in 13 the regular course of such business to make it, at the time 14 of the act, transaction, occurrence or event, or within a 15 reasonable time thereafter. A certification by the head or 16 responsible employee of the hospital or agency that the 17 writing, record, photograph or x-ray is the full and complete 18 record of the condition, act, transaction, occurrence or 19 event and that it satisfies the conditions of this paragraph 20 shall be prima facie evidence of the facts contained in such 21 certification. A certification by someone other than the 22 head of the hospital or agency shall be accompanied by a 23 photocopy of a delegation of authority signed by both the 24 head of the hospital or agency and by such other employee. 25 All other circumstances of the making of the memorandum, 26 record, photograph or x-ray, including lack of personal 27 knowledge of the maker, may be proved to affect the weight to 28 be accorded such evidence, but shall not affect its 29 admissibility. 30 (b) Any indicated report filed pursuant to the Abused 31 and Neglected Child Reporting Act shall be admissible in 32 evidence. 33 (c) Previous statements made by the minor relating to 34 any allegations of abuse or neglect shall be admissible in HB4167 Engrossed -4- LRB9212473ACcd 1 evidence. However, no such statement, if uncorroborated and 2 not subject to cross-examination, shall be sufficient in 3 itself to support a finding of abuse or neglect. 4 (d) There shall be a rebuttable presumption that a minor 5 is competent to testify in abuse or neglect proceedings. The 6 court shall determine how much weight to give to the minor's 7 testimony, and may allow the minor to testify in chambers 8 with only the court, the court reporter and attorneys for the 9 parties present. 10 (e) The privileged character of communication between 11 any professional person and patient or client, except 12 privilege between attorney and client, shall not apply to 13 proceedings subject to this Article. 14 (f) Proof of the impairment of emotional health or 15 impairment of mental or emotional condition as a result of 16 the failure of the respondent to exercise a minimum degree of 17 care toward a minor may include competent opinion or expert 18 testimony, and may include proof that such impairment 19 lessened during a period when the minor was in the care, 20 custody or supervision of a person or agency other than the 21 respondent. 22 (g) A signed, recorded, or videotaped statement relating 23 to the abuse, neglect, or dependency of a minor who is the 24 subject of a petition filed pursuant to this Act made by a 25 non-party who is unavailable for testimony is admissible in 26 evidence in any proceeding under this Article if the 27 statement was, at the time of its making, so far contrary to 28 the declarant's pecuniary or proprietary interest or 29 contained material that would subject the declarant to civil 30 or criminal liability or render invalid a claim by the 31 declarant against another that a reasonable person in the 32 declarant's position would not have made the statement unless 33 he or she believed it to be true. 34 "Unavailable for testimony" includes situations in which HB4167 Engrossed -5- LRB9212473ACcd 1 the declarant: 2 (i) is exempted by ruling of the court on the 3 ground of privilege from testifying concerning the 4 subject matter of the declarant's statement; or 5 (ii) persists in refusing to testify concerning the 6 subject matter of the declarant's statement despite an 7 order of the court to do so; or 8 (iii) testifies to a lack of memory of the subject 9 matter of the declarant's statement; or 10 (iv) is unable to be present or to testify at the 11 hearing because of death or then existing physical or 12 mental illness or infirmity; or 13 (v) is absent from the hearing and the proponent of 14 statement has been unable to procure the declarant's 15 attendance by process or other reasonable means. 16 (5) In any hearing under this Act alleging neglect for 17 failure to provide education as required by law under 18 subsection (1) of Section 2-3, proof that a minor under 13 19 years of age who is subject to compulsory school attendance 20 under the School Code is a chronic truant as defined under 21 the School Code shall be prima facie evidence of neglect by 22 the parent or guardian in any hearing under this Act and 23 proof that a minor who is 13 years of age or older who is 24 subject to compulsory school attendance under the School Code 25 is a chronic truant shall raise a rebuttable presumption of 26 neglect by the parent or guardian. This subsection (5) shall 27 not apply in counties with 2,000,000 or more inhabitants. 28 (6) In any hearing under this Act, the court may take 29 judicial notice of prior sworn testimony or evidence admitted 30 in prior proceedings involving the same minor if (a) the 31 parties were either represented by counsel at such prior 32 proceedings or the right to counsel was knowingly waived and 33 (b) the taking of judicial notice would not result in 34 admitting hearsay evidence at a hearing where it would HB4167 Engrossed -6- LRB9212473ACcd 1 otherwise be prohibited. 2 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by 3 P.A. 90-443); 90-608, eff. 6-30-98.) 4 Section 99. Effective date. This Act takes effect upon 5 becoming law.