ILCS » Chapter 705 · Act 405
Illinois Compiled Statutes

705 ILCS 405/2-18 (2026)

Evidence

✓ current as of May 2026
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(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;
        (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 at the time of the act, transaction, occurrence or event, or within a reasonable time thereafter. A certification by the head or responsible employee or agent of the hospital or agency having knowledge of the creation and maintenance of or of the matters stated in the writing, record, photograph or x-ray attesting that the document 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. 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. 103-124, eff. 1-1-24.)

    
Notes of Decisions
Cited in 275 cases (146 in the last 5 years), 1993–2026 · leading case: In re Z.J., 2020 IL App (2d) 190824 (Ill. App. Ct. 2021).
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In re Z.J., 2020 IL App (2d) 190824 (Ill. App. Ct. 2021). · cites it 10× “705 ILCS 405/2-18(1) (West 2018); In re S.”
In re D.M., 2016 IL App (1st) 152608 (Ill. App. Ct. 2016). · cites it 9× “The evidentiary standard of proof in adjudicatory hearings held pursuant to the Act is that which pertains to civil proceedings, therefore, the State had to prove the 5 1-15-2608 allegations in the petitions by a preponderance of the evidence.”
People v. Arthur H., 819 N.E.2d 734 (Ill. 2004). · cites it 3× “Although section 2-18(3) of the Act (705 ILCS 405/2-18(3) (West 2000)) provides that the proof of neglect of one minor "shall be admissible evidence" on the issue of the neglect of any other minor for whom the parent is responsible ( In re S.”
In re A.P., 2012 IL 113875 (Ill. 2012). · cites it 3× “” 705 ILCS 405/2-18(1) (West 2010). “The legislature has stated that the purpose of an adjudicatory hearing is ‘to determine whether the allegations of -6- a petition *** that a minor under 18 years of age is *** neglected *** are supported by a preponderance of the evidence.”
In re J.L., 2016 IL App (1st) 152479 (Ill. App. Ct. 2016). · cites it 6× “'s] statement of her own abuse are [sic] not admissible under the hearsay exception within the Juvenile Court Act regarding statements of abuse by a minor, 705 ILCS 405/2-18, because the exception is limited to the out-of-court statements of the named minor in the petition.”
In re D.D., 2022 IL App (4th) 220257 (Ill. App. Ct. 2022). · cites it 3× “¶ 41 Service plans and DCFS investigative records are admissible under section 2-18(4)(a) of the Juvenile Court Act (705 ILCS 405/2-18(4)(a) (West 2020)), which is a variation of the business record exception to the hearsay rule.”
In re K.F., 2023 IL App (1st) 220816 (Ill. App. Ct. 2023). · cites it 5× “” 705 ILCS 405/2-18(1) (West 2020). “ ‘The only question to be resolved at an adjudicatory hearing is whether or not a child is neglected, and not whether every parent is neglectful.”
In re J.C., 2012 IL App (4th) 110861 (Ill. App. Ct. 2012). · cites it 6× “705 ILCS 405/2-18(1) (West 2010). “The standard of proof and the rules of evidence in the nature of civil proceedings *** are applicable” at an adjudicatory hearing.”
In re Z.L., 2021 IL 126931 (Ill. 2021). · cites it 2× “” 705 ILCS 405/2-18(1) (West 2018). “The only question to be resolved at an adjudicatory hearing is whether or not a child is neglected, and not whether every parent is neglectful.”
In re Davon H., 2015 IL App (1st) 150926 (Ill. App. Ct. 2016). · cites it 2× “See 705 ILCS 405/2-18(3) (West 2012) (“In any hearing under [the Juvenile Court 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.”
In Re Jay H., 918 N.E.2d 284 (Ill. App. Ct. 2009). · cites it 2× “" 705 ILCS 405/2-18(1) (West 2008). In making that determination, the rules of evidence in the nature of civil proceedings apply.”
People v. Morgan, 2025 IL 130626 (Ill. 2025). “2d 181 , 208 (2001)); (2) that the State had established by a preponderance of the evidence that a child had been abused as defined by the Juvenile Court Act of 1987 (705 ILCS 405/2-18(1) (West 1992)) (In re A.”
Show all 275 citing cases →
— 705 ILCS 405/2-18(1) — 142 cases
In Re Jay H., 918 N.E.2d 284 (Ill. App. Ct. 2009). “" 705 ILCS 405/2-18(1) (West 2008). In making that determination, the rules of evidence in the nature of civil proceedings apply.”
People v. Morgan, 2025 IL 130626 (Ill. 2025). “2d 181 , 208 (2001)); (2) that the State had established by a preponderance of the evidence that a child had been abused as defined by the Juvenile Court Act of 1987 (705 ILCS 405/2-18(1) (West 1992)) (In re A.”
In re Matter of Chance H., 2019 IL App (1st) 180053 (Ill. App. Ct. 2019).
In re Z.L., 2021 IL 126931 (Ill. 2021). “” 705 ILCS 405/2-18(1) (West 2018). “The only question to be resolved at an adjudicatory hearing is whether or not a child is neglected, and not whether every parent is neglectful.”
In re A.P., 2012 IL 113875 (Ill. 2012). “” 705 ILCS 405/2-18(1) (West 2010). “The legislature has stated that the purpose of an adjudicatory hearing is ‘to determine whether the allegations of -6- a petition *** that a minor under 18 years of age is *** neglected *** are supported by a preponderance of the evidence.”
— 705 ILCS 405/2-18(2) — 4 cases
In Re Ss, 728 N.E.2d 1165 (Ill. App. Ct. 2000).
In re Charles W., 2014 IL App (1st) 131281 (Ill. App. Ct. 2014).
In Re Ih, 939 N.E.2d 375 (Ill. 2010).
In re Nicholas S., 2024 IL App (5th) 240755-U (Ill. App. Ct. 2024).
— 705 ILCS 405/2-18(2)(b) — 1 case
In re Barion S., 2012 IL App (1st) 113026 (Ill. App. Ct. 2012).
— 705 ILCS 405/2-18(2)(c) — 1 case
In Re Jw, 682 N.E.2d 300 (Ill. App. Ct. 1997).
— 705 ILCS 405/2-18(2)(d) — 2 cases
In Interest of KG, 682 N.E.2d 95 (Ill. App. Ct. 1997).
In re K.G. (Ill. App. Ct. 1997).
— 705 ILCS 405/2-18(2)(e) — 3 cases
In re A.W., 2020 IL App (1st) 200565-U (Ill. App. Ct. 2020).
In re N.W., 2026 IL App (1st) 251675-U (Ill. App. Ct. 2026).
In re Marcus H. (Ill. App. Ct. 1998).
— 705 ILCS 405/2-18(2)(f) — 5 cases
In re K.F., 2023 IL App (1st) 220816 (Ill. App. Ct. 2023). “” 705 ILCS 405/2-18(1) (West 2020). “ ‘The only question to be resolved at an adjudicatory hearing is whether or not a child is neglected, and not whether every parent is neglectful.”
In re D.A., 2022 IL App (2d) 210676 (Ill. App. Ct. 2022).
People v. C.W., 731 N.E.2d 982 (Ill. App. Ct. 2000).
In the Interest of K.F., 2022 IL App (1st) 220816-U (Ill. App. Ct. 2022).
In Re Tw, 731 N.E.2d 982 (Ill. App. Ct. 2000).
— 705 ILCS 405/2-18(2)(g) — 2 cases
In re K.F., 2023 IL App (1st) 220816 (Ill. App. Ct. 2023). “” 705 ILCS 405/2-18(1) (West 2020). “ ‘The only question to be resolved at an adjudicatory hearing is whether or not a child is neglected, and not whether every parent is neglectful.”
In the Interest of K.F., 2022 IL App (1st) 220816-U (Ill. App. Ct. 2022).
— 705 ILCS 405/2-18(2)(h) — 1 case
In re D.M., 2016 IL App (1st) 152608 (Ill. App. Ct. 2016). “The evidentiary standard of proof in adjudicatory hearings held pursuant to the Act is that which pertains to civil proceedings, therefore, the State had to prove the 5 1-15-2608 allegations in the petitions by a preponderance of the evidence.”
— 705 ILCS 405/2-18(3) — 64 cases
People v. Arthur H., 819 N.E.2d 734 (Ill. 2004). “Although section 2-18(3) of the Act (705 ILCS 405/2-18(3) (West 2000)) provides that the proof of neglect of one minor "shall be admissible evidence" on the issue of the neglect of any other minor for whom the parent is responsible ( In re S.”
In re Davon H., 2015 IL App (1st) 150926 (Ill. App. Ct. 2016). “See 705 ILCS 405/2-18(3) (West 2012) (“In any hearing under [the Juvenile Court 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.”
In re Z.L., 2021 IL 126931 (Ill. 2021). “” 705 ILCS 405/2-18(1) (West 2018). “The only question to be resolved at an adjudicatory hearing is whether or not a child is neglected, and not whether every parent is neglectful.”
In re D.M., 2016 IL App (1st) 152608 (Ill. App. Ct. 2016). “The evidentiary standard of proof in adjudicatory hearings held pursuant to the Act is that which pertains to civil proceedings, therefore, the State had to prove the 5 1-15-2608 allegations in the petitions by a preponderance of the evidence.”
In Re Aw, 896 N.E.2d 316 (Ill. 2008).
— 705 ILCS 405/2-18(4) — 3 cases
In re Z.L., 2022 IL App (2d) 210769-U (Ill. App. Ct. 2022).
In Re Ih, 939 N.E.2d 375 (Ill. 2010).
In re M.M., 2024 IL App (1st) 231409-U (Ill. App. Ct. 2024).
— 705 ILCS 405/2-18(4)(A) — 2 cases
In re L.M., 2025 IL App (2d) 240593-U (Ill. App. Ct. 2025).
In re L.M., 2025 IL App (2d) 240593-U (Ill. App. Ct. 2025).
— 705 ILCS 405/2-18(4)(a) — 63 cases
In re Z.J., 2020 IL App (2d) 190824 (Ill. App. Ct. 2021). “705 ILCS 405/2-18(1) (West 2018); In re S.”
In Re Precious W., 776 N.E.2d 794 (Ill. App. Ct. 2002).
In Interest of Jg, 699 N.E.2d 167 (Ill. App. Ct. 1998).
In re A.P., 2012 IL 113875 (Ill. 2012). “” 705 ILCS 405/2-18(1) (West 2010). “The legislature has stated that the purpose of an adjudicatory hearing is ‘to determine whether the allegations of -6- a petition *** that a minor under 18 years of age is *** neglected *** are supported by a preponderance of the evidence.”
In re J.L., 2016 IL App (1st) 152479 (Ill. App. Ct. 2016). “'s] statement of her own abuse are [sic] not admissible under the hearsay exception within the Juvenile Court Act regarding statements of abuse by a minor, 705 ILCS 405/2-18, because the exception is limited to the out-of-court statements of the named minor in the petition.”
— 705 ILCS 405/2-18(4)(b) — 13 cases
In re D.D., 2022 IL App (4th) 220257 (Ill. App. Ct. 2022). “¶ 41 Service plans and DCFS investigative records are admissible under section 2-18(4)(a) of the Juvenile Court Act (705 ILCS 405/2-18(4)(a) (West 2020)), which is a variation of the business record exception to the hearsay rule.”
In re J.C., 2020 IL App (2d) 200063 (Ill. App. Ct. 2020).
In re J.C., 2012 IL App (4th) 110861 (Ill. App. Ct. 2012). “705 ILCS 405/2-18(1) (West 2010). “The standard of proof and the rules of evidence in the nature of civil proceedings *** are applicable” at an adjudicatory hearing.”
In re Aniylah B., 2016 IL App (1st) 153662 (Ill. App. Ct. 2016).
In re Aniylah B., 2016 IL App (1st) 153662 (Ill. App. Ct. 2016).
— 705 ILCS 405/2-18(4)(c) — 45 cases
In re D.M., 2016 IL App (1st) 152608 (Ill. App. Ct. 2016). “The evidentiary standard of proof in adjudicatory hearings held pursuant to the Act is that which pertains to civil proceedings, therefore, the State had to prove the 5 1-15-2608 allegations in the petitions by a preponderance of the evidence.”
In re J.L., 2016 IL App (1st) 152479 (Ill. App. Ct. 2016). “'s] statement of her own abuse are [sic] not admissible under the hearsay exception within the Juvenile Court Act regarding statements of abuse by a minor, 705 ILCS 405/2-18, because the exception is limited to the out-of-court statements of the named minor in the petition.”
In Re Ap, 688 N.E.2d 642 (Ill. 1997).
In re A.S., 2020 IL App (1st) 200560 (Ill. App. Ct. 2020).
In re Nylani M., 2016 IL App (1st) 152262 (Ill. App. Ct. 2016).
— 705 ILCS 405/2-18(4)(d) — 2 cases
In re D.M., 2016 IL App (1st) 152608 (Ill. App. Ct. 2016). “The evidentiary standard of proof in adjudicatory hearings held pursuant to the Act is that which pertains to civil proceedings, therefore, the State had to prove the 5 1-15-2608 allegations in the petitions by a preponderance of the evidence.”
In re M.D.H., 297 Ill. App. 3d 181 (Ill. App. Ct. 1998).
— 705 ILCS 405/2-18(4)(e) — 1 case
In re W.N.K., 2025 IL App (1st) 242008 (Ill. App. Ct. 2025).
— 705 ILCS 405/2-18(6) — 10 cases
In re M.D., 2022 IL App (4th) 210288 (Ill. App. Ct. 2022).
In re Aniylah B., 2016 IL App (1st) 153662 (Ill. App. Ct. 2016).
In re Aniylah B., 2016 IL App (1st) 153662 (Ill. App. Ct. 2016).
In Re Ab, 719 N.E.2d 348 (Ill. App. Ct. 1999).
In Re Hc, 713 N.E.2d 784 (Ill. App. Ct. 1999).
— 705 ILCS 405/2-18(6)(b) — 1 case
In Re Rb, 784 N.E.2d 400 (Ill. App. Ct. 2003).
— 705 ILCS 405/2-18(a) — 3 cases
In the Interest of B.S., 2024 IL App (1st) 231701-U (Ill. App. Ct. 2024).
In re K.M., 2021 IL App (2d) 200548-U (Ill. App. Ct. 2021).
In re A.B., 2024 IL App (4th) 240995-U (Ill. App. Ct. 2024).
— 705 ILCS 405/2-18(c) — 2 cases
In the Interest of K.F., 2022 IL App (1st) 220816-U (Ill. App. Ct. 2022).
Cain v. Foster, 2025 IL App (5th) 241123-U (Ill. App. Ct. 2025).
— 705 ILCS 405/2-18(g) — 1 case
In re D.M., 2016 IL App (1st) 152608 (Ill. App. Ct. 2016). “The evidentiary standard of proof in adjudicatory hearings held pursuant to the Act is that which pertains to civil proceedings, therefore, the State had to prove the 5 1-15-2608 allegations in the petitions by a preponderance of the evidence.”
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