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.)