Article VIII. Evidence · Part 26. Minors · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceCreates a hearsay exception letting a young child's out-of-court statements about abuse or unlawful sexual conduct into a civil case, if the court finds them reliable and the child testifies or is unavailable with corroboration.
Full Text of 735 ILCS 5/8-2601
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(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.
Plain-English Summary
An out-of-court statement by a child under 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 child, is admissible in a civil proceeding, as is testimony that the child complained of such acts to another person. Admissibility requires two things: the court must hold a hearing outside the jury's presence and find that the statement's time, content, and circumstances provide sufficient safeguards of reliability, and the child must either testify at the proceeding or, if unavailable as a witness, there must be corroborative evidence of the act described.
Once such a statement is admitted, the court must instruct the jury that it decides the statement's weight and credibility, considering the child's age and maturity, the nature of the statement, the circumstances under which it was made, and any other relevant factors.
The party wanting to offer the statement must give the adverse party reasonable notice of that intent and the statement's particulars.
Frequently Asked Questions
What kind of statement does this section let into evidence?
An out-of-court statement by a child under 13 describing child abuse or an unlawful sexual act performed in the presence of, with, by, or on the child, or testimony that the child complained of such acts to another person.
What must happen before the court admits the statement?
A hearing outside the jury's presence at which the court finds that the statement's time, content, and circumstances provide sufficient safeguards of reliability.
Does the child have to testify for the statement to come in?
Not necessarily — the statement is admissible if the child testifies at the proceeding, or if the child is unavailable as a witness and there is corroborative evidence of the act described.
What does the jury get told about the statement?
The court instructs the jury that it decides the weight and credibility of the statement, considering the child's age and maturity, the statement's nature, the circumstances it was made under, and any other relevant factors.
Does the party offering the statement have to give advance notice?
Yes — reasonable notice of the intent to offer the statement, along with its particulars, must go to the adverse party.
Amendment History
(Source: P.A. 85-1440.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as:illinois child hearsay exception civil casechild abuse statement evidence illinoischild sexual abuse hearsay civil illinoisout of court statement minor illinois evidence