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HB 5254

JUV CT-STIP FACT&WAIVE CUSTODY

104th Regular Session Introduced by Jed Davis

Imposes strict, line-item stipulations and attestations for parental consent in abuse/neglect cases, ensuring clear, voluntary acknowledgment of facts and waivers.

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Bill Summary · HB 5254

Summary of HB5254 (104th General Assembly, Illinois)

Purpose and intent

  • The bill amends the Juvenile Court Act of 1987 to add a new Section 2-21.2 governing stipulations of fact and waivers in cases involving alleged abuse or neglect.
  • Its primary aim is to ensure clear, explicit, and voluntary acknowledgment by a parent when stipulating to facts or waiving rights in juvenile proceedings, particularly those related to removal or continued custody.

Key provisions and changes

  • Definitions:
    • Probable cause: A reasonable belief, based on sufficient and articulable facts, that abuse or neglect occurred or evidence will be found. It requires more than mere suspicion but less than a preponderance of the evidence.
    • Stipulation of fact: A written agreement in which a parent acknowledges factual allegations against them in a proceeding under the Juvenile Court Act.
  • Stipulations of fact must meet strict formatting and attestation requirements:
    • Each factual statement must be a separate, numbered line item.
    • The parent must initial each numbered factual statement individually.
    • The stipulation must include a plainly written section (initialed by the parent) describing:
    • The legal effect of the stipulation, including reliance on the stipulated facts to satisfy the constitutional standard for removal or continued custody.
    • The requirement of probable cause or exigent circumstances.
    • The parent must sign and initial a written attestation stating:
    • The parent has reviewed and understands each factual statement.
    • The parent agrees each initialed statement is true.
    • The parent enters the stipulation knowingly and voluntarily.
    • The stipulation is entered without coercion or improper pressure.
  • Waivers of temporary custody or shelter care hearings must meet similar stringent requirements:
    • The waiver must appear in separate, numbered line items describing the right waived and its legal effect.
    • The parent must initial each line item.
    • The parent must sign a written attestation meeting.
    • The court must obtain verbal, on-the-record confirmation of the waiver.
  • Additional notes:
    • The provision does not create a private right of action.
    • It does not alter substantive evidentiary standards.
  • Effective scope: Introduces a new Section 2-21.2, with detailed procedures and definitions as above.

Who/what is affected

  • Parents involved in Juvenile Court Act proceedings concerning abuse or neglect, specifically those who are entering stipulations of fact or waivers related to custody decisions.
  • Juvenile court judges and court staff who must verify and document the required line-item format, initials, attestations, and on-the-record confirmations.

Procedural and timeline aspects

  • While the bill text does not specify a timetable for implementation beyond passage, it establishes procedural requirements that would apply to stipulations of fact and waivers at the time such documents are used in court.
  • The emphasis is on on-record verification and explicit parental consent, aiming to ensure informed and voluntary participation in stipulations or waivers.

Practical impact and considerations

  • Strengthens safeguards to ensure parents clearly understand and voluntarily assent to stipulated facts and waivers in custody-related proceedings.
  • Increases administrative detail for court filings, requiring line-item format, initials, and attestations.
  • Potentially affects the speed and manner of resolving custody decisions by raising the bar for accepting stipulations and waivers.
  • Does not create new causes of action or modify the core evidentiary standards for proving abuse/neglect.

Sponsor

  • Primary sponsor: Rep. Jed Davis

If you'd like, I can provide a brief comparison to current practice in Illinois or a section-by-section paraphrase of the new statutory text.

Compiled from official sources — confirm details with the bill’s official record.

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