ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/8-2601 (2026)

(a) An out-of-court statement made by a child under the age of 13 describing any act of child abuse or any conduct involving an unlawful sexual act performed in the presence of, with, by, or on the declarant child, or testimony by such of an out-of-court statement made by such child that he or she complained of such acts to another, is admissible in any civil proceeding, if: (1) the court conducts a hearing outside the presence of the jury and finds that the time, content, and circumstances of the statement provide sufficient safeguards of reliability; and (2) the child either: (i) testifies at the proceeding; or (ii) is unavailable as a witness and there is corroborative evidence of the act which is the subject of the statement

✓ current as of May 2026
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(735 ILCS 5/8-2601) (from Ch. 110, par. 8-2601)
    Sec. 8-2601. (a) An out-of-court statement made by a child under the age of 13 describing any act of child abuse or any conduct involving an unlawful sexual act performed in the presence of, with, by, or on the declarant child, or testimony by such of an out-of-court statement made by such child that he or she complained of such acts to another, is admissible in any civil proceeding, if: (1) the court conducts a hearing outside the presence of the jury and finds that the time, content, and circumstances of the statement provide sufficient safeguards of reliability; and (2) the child either: (i) testifies at the proceeding; or (ii) is unavailable as a witness and there is corroborative evidence of the act which is the subject of the statement.
    (b) If a statement is admitted pursuant to this Section, the court shall instruct the jury that it is for the jury to determine the weight and credibility to be given to the statement and that, in making its determination, it shall consider the age and maturity of the child, the nature of the statement, the circumstances under which the statement was made, and any other relevant factors.
    (c) The proponent of the statement shall give the adverse party reasonable notice of an intention to offer the statement and the particulars of the statement.
(Source: P.A. 85-1440.)


 
    (735 ILCS 5/Art. VIII Pt. 27 heading)
Part 27. Elder Adults

    
Notes of Decisions
Cited in 15 cases (5 in the last 5 years), 1997–2025 · leading case: Arika M. v. Christopher M., 2019 IL App (4th) 190125 (Ill. App. Ct. 2019).
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Arika M. v. Christopher M., 2019 IL App (4th) 190125 (Ill. App. Ct. 2019). · cites it 7× “Respondent’s counsel asserted admissibility of the minor’s out-of-court statements was governed by section 8-2601 of the Code of Civil Procedure -3- (Procedure Code) (735 ILCS 5/8-2601 (West 2018)) and petitioner had not established the requirements for admissibility.”
In Re Marriage of Gilbert, 822 N.E.2d 116 (Ill. App. Ct. 2004). · cites it 3× “On appeal, Bradley argues (1) the trial court erred in applying section 8-2601 of the Illinois Code of Civil Procedure (735 ILCS 5/8-2601 (West 2002)) in admitting hearsay testimony that he sexually assaulted his daughter; (2) the trial court failed to conduct a reliability…”
Arika M. v. Christopher M., 2019 IL App (4th) 190125 (Ill. App. Ct. 2019). · cites it 6× “Respondent’s counsel asserted admissibility of the minor’s out-of-court statements was governed by section 8-2601 of the Code of Civil Procedure (Procedure Code) (735 ILCS 5/8-2601 (West 2018)) and petitioner had not established the requirements for admissibility.”
Countryman v. Racy, 2017 IL App (3d) 160379 (Ill. App. Ct. 2017). · cites it 3× “750 ILCS 60/205(a) (West 2016); 735 ILCS 5/8-2601(a) (West 2016). First, the court must conduct a hearing outside the jury’s presence to determine reliability based on the time, content, and circumstances of the statement.”
Trinidad C. v. Augustin L., 2017 IL App (1st) 171148 (Ill. App. Ct. 2017). “'s out-of-court statements regarding the sexual abuse under section 8-2601 of the Code of Civil Procedure (Code) ( 735 ILCS 5/8-2601 (West 2016) ), which permits the admission of hearsay statements of sexual abuse reported by a minor under the age of 13 when the minor is…”
In re Marriage of Portillo, 2021 IL App (3d) 200221 (Ill. App. Ct. 2021). · cites it 3× “5(c) (West 2018) (formerly section 606(e) of the [Marriage] Act)) and section 8-2601 of the Code (735 ILCS 5/8-2601 (West 2018)).” Arika M.”
Trinidad C. v. Augustin L., 2017 IL App (1st) 171148 (Ill. App. Ct. 2018). · cites it 2× “’s out-of-court statements regarding the sexual abuse under section 8-2601 of the Code of Civil Procedure (Code) (735 ILCS 5/8-2601 (West 2016)), which permits the admission of hearsay statements of sexual abuse reported by a minor under the age of 13 when the minor is…”
Countryman v. Racy, 2017 IL App (3d) 160379 (Ill. App. Ct. 2017). · cites it 3× “750 ILCS 60/205(a) (West 2016); 735 ILCS 5/8-2601(a) (West 2016). First, the court must conduct a hearing outside the jury’s presence to determine reliability based on the time, content, and circumstances of the statement.”
In re Marriage of Langhans, 2021 IL App (2d) 200613-U (Ill. App. Ct. 2021). · cites it 2× “Ronald essentially raises three arguments: (1) the trial court failed to comply with section 8-2601 of the Code of Civil Procedure (Code) (735 ILCS 5/8-2601 (West 2020) (concerning the admission of out-of-court statements by a child under age 13 concerning any act of child…”
In re Marriage of Bush, 2020 IL App (1st) 201035-U (Ill. App. Ct. 2020). “5(c) (West 2018) and 735 ILCS 5/8-2601 (West 2018). He argues, however, that the GAL should be the source for any out-of-court statements by the children, given the GAL’s role as “eyes and ears of the court”.”
McLaughlin v. McLaughlin, 2025 IL App (1st) 241310-U (Ill. App. Ct. 2025). · cites it 4× “735 ILCS 5/8-2601(a) (West 2020). “This court reviews de novo a question of which statute applies.”
In re Marriage of Rudd (Ill. App. Ct. 1997). · cites it 7× “735 ILCS 5/8-2601 (West 1996); see Peo­ple v.”
Show all 15 citing cases →
— 735 ILCS 5/8-2601(a) — 9 cases
In Re Marriage of Gilbert, 822 N.E.2d 116 (Ill. App. Ct. 2004). “On appeal, Bradley argues (1) the trial court erred in applying section 8-2601 of the Illinois Code of Civil Procedure (735 ILCS 5/8-2601 (West 2002)) in admitting hearsay testimony that he sexually assaulted his daughter; (2) the trial court failed to conduct a reliability…”
Countryman v. Racy, 2017 IL App (3d) 160379 (Ill. App. Ct. 2017). “750 ILCS 60/205(a) (West 2016); 735 ILCS 5/8-2601(a) (West 2016). First, the court must conduct a hearing outside the jury’s presence to determine reliability based on the time, content, and circumstances of the statement.”
Countryman v. Racy, 2017 IL App (3d) 160379 (Ill. App. Ct. 2017). “750 ILCS 60/205(a) (West 2016); 735 ILCS 5/8-2601(a) (West 2016). First, the court must conduct a hearing outside the jury’s presence to determine reliability based on the time, content, and circumstances of the statement.”
Trinidad C. v. Augustin L., 2017 IL App (1st) 171148 (Ill. App. Ct. 2018). “’s out-of-court statements regarding the sexual abuse under section 8-2601 of the Code of Civil Procedure (Code) (735 ILCS 5/8-2601 (West 2016)), which permits the admission of hearsay statements of sexual abuse reported by a minor under the age of 13 when the minor is…”
In re Marriage of Portillo, 2021 IL App (3d) 200221 (Ill. App. Ct. 2021). “5(c) (West 2018) (formerly section 606(e) of the [Marriage] Act)) and section 8-2601 of the Code (735 ILCS 5/8-2601 (West 2018)).” Arika M.”
— 735 ILCS 5/8-2601(a)(1) — 1 case
In re Marriage of Rudd (Ill. App. Ct. 1997). “735 ILCS 5/8-2601 (West 1996); see Peo­ple v.”
— 735 ILCS 5/8-2601(a)(2) — 1 case
In re Marriage of Rudd (Ill. App. Ct. 1997). “735 ILCS 5/8-2601 (West 1996); see Peo­ple v.”
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