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Public Act 093-0820


 

Public Act 0820 93RD GENERAL ASSEMBLY



 


 
Public Act 093-0820
 
SB2583 Enrolled LRB093 20798 DRJ 46716 b

    AN ACT in relation to children.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Abandoned Newborn Infant Protection Act is
amended by changing Sections 10, 15, 20, 25, 27, 30, 35, 40,
50, 55, and 65 as follows:
 
    (325 ILCS 2/10)
    (Section scheduled to be repealed on July 1, 2007)
    Sec. 10. Definitions. In this Act:
    "Abandon" has the same meaning as in the Abused and
Neglected Child Reporting Act.
    "Abused child" has the same meaning as in the Abused and
Neglected Child Reporting Act.
    "Child-placing agency" means a licensed public or private
agency that receives a child for the purpose of placing or
arranging for the placement of the child in a foster family
home or other facility for child care, apart from the custody
of the child's parents.
    "Department" or "DCFS" means the Illinois Department of
Children and Family Services.
    "Emergency medical facility" means a freestanding
emergency center or trauma center, as defined in the Emergency
Medical Services (EMS) Systems Act.
    "Emergency medical professional" includes licensed
physicians, and any emergency medical technician-basic,
emergency medical technician-intermediate, emergency medical
technician-paramedic, trauma nurse specialist, and
pre-hospital RN, as defined in the Emergency Medical Services
(EMS) Systems Act.
    "Fire station" means a fire station within the State that
is staffed with at least one full-time emergency medical
professional.
    "Hospital" has the same meaning as in the Hospital
Licensing Act.
    "Legal custody" means the relationship created by a court
order in the best interest of a newborn infant that imposes on
the infant's custodian the responsibility of physical
possession of the infant, the duty to protect, train, and
discipline the infant, and the duty to provide the infant with
food, shelter, education, and medical care, except as these are
limited by parental rights and responsibilities.
    "Neglected child" has the same meaning as in the Abused and
Neglected Child Reporting Act.
    "Newborn infant" means a child who a licensed physician
reasonably believes is 72 hours old or less at the time the
child is initially relinquished to a hospital, police station,
fire station, or emergency medical facility, and who is not an
abused or a neglected child.
    "Police station" means a municipal police station or a
county sheriff's office.
    "Relinquish" means to bring a newborn infant, who a
licensed physician reasonably believes is 72 hours old or less,
to a hospital, police station, fire station, or emergency
medical facility and to leave the infant with personnel of the
facility, if the person leaving the infant does not express an
intent to return for the infant or states that he or she will
not return for the infant. In the case of a mother who gives
birth to an infant in a hospital, the mother's act of leaving
that newborn infant at the hospital (i) without expressing an
intent to return for the infant or (ii) stating that she will
not return for the infant is not a "relinquishment" under this
Act.
    "Temporary protective custody" means the temporary
placement of a newborn infant within a hospital or other
medical facility out of the custody of the infant's parent.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
 
    (325 ILCS 2/15)
    (Section scheduled to be repealed on July 1, 2007)
    Sec. 15. Presumptions.
    (a) There is a presumption that by relinquishing a newborn
infant in accordance with this Act, the infant's parent
consents to the termination of his or her parental rights with
respect to the infant.
    (b) There is a presumption that a person relinquishing a
newborn infant in accordance with this Act:
        (1) is the newborn infant's biological parent; and
        (2) either without expressing an intent to return for
    the infant or expressing an intent not to return for the
    infant, did intend to relinquish the infant to the
    hospital, police station, fire station, or emergency
    medical facility to treat, care for, and provide for the
    infant in accordance with this Act.
    (c) A parent of a relinquished newborn infant may rebut the
presumption set forth in either subsection (a) or subsection
(b) pursuant to Section 55, at any time before the termination
of the parent's parental rights.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
 
    (325 ILCS 2/20)
    (Section scheduled to be repealed on July 1, 2007)
    Sec. 20. Procedures with respect to relinquished newborn
infants.
    (a) Hospitals. Every hospital must accept and provide all
necessary emergency services and care to a relinquished newborn
infant, in accordance with this Act. The hospital shall examine
a relinquished newborn infant and perform tests that, based on
reasonable medical judgment, are appropriate in evaluating
whether the relinquished newborn infant was abused or
neglected.
    The act of relinquishing a newborn infant serves as implied
consent for the hospital and its medical personnel and
physicians on staff to treat and provide care for the infant.
    The hospital shall be deemed to have temporary protective
custody of a relinquished newborn infant until the infant is
discharged to the custody of a child-placing agency or the
Department.
    (b) Fire stations and emergency medical facilities. Every
fire station and emergency medical facility must accept and
provide all necessary emergency services and care to a
relinquished newborn infant, in accordance with this Act.
    The act of relinquishing a newborn infant serves as implied
consent for the fire station or emergency medical facility and
its emergency medical professionals to treat and provide care
for the infant, to the extent that those emergency medical
professionals are trained to provide those services.
    After the relinquishment of a newborn infant to a fire
station or emergency medical facility, the fire station or
emergency medical facility's personnel must arrange for the
transportation of the infant to the nearest hospital as soon as
transportation can be arranged.
    If the parent of a newborn infant returns to reclaim the
child within 72 hours after relinquishing the child to a fire
station or emergency medical facility, the fire station or
emergency medical facility must inform the parent of the name
and location of the hospital to which the infant was
transported.
    (c) Police stations. Every police station must accept a
relinquished newborn infant, in accordance with this Act. After
the relinquishment of a newborn infant to a police station, the
police station must arrange for the transportation of the
infant to the nearest hospital as soon as transportation can be
arranged. The act of relinquishing a newborn infant serves as
implied consent for the hospital to which the infant is
transported and that hospital's medical personnel and
physicians on staff to treat and provide care for the infant.
    If the parent of a newborn infant returns to reclaim the
infant within 72 hours after relinquishing the infant to a
police station, the police station must inform the parent of
the name and location of the hospital to which the infant was
transported.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
 
    (325 ILCS 2/25)
    (Section scheduled to be repealed on July 1, 2007)
    Sec. 25. Immunity for relinquishing person.
    (a) The act of relinquishing a newborn infant to a
hospital, police station, fire station, or emergency medical
facility in accordance with this Act does not, by itself,
constitute a basis for a finding of abuse, neglect, or
abandonment of the infant pursuant to the laws of this State
nor does it, by itself, constitute a violation of Section
12-21.5 or 12-21.6 of the Criminal Code of 1961.
    (b) If there is suspected child abuse or neglect that is
not based solely on the newborn infant's relinquishment to a
hospital, police station, fire station, or emergency medical
facility, the personnel of the hospital, police station, fire
station, or emergency medical facility who are mandated
reporters under the Abused and Neglected Child Reporting Act
must report the abuse or neglect pursuant to that Act.
    (c) Neither a child protective investigation nor a criminal
investigation may be initiated solely because a newborn infant
is relinquished pursuant to this Act.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
 
    (325 ILCS 2/27)
    (Section scheduled to be repealed on July 1, 2007)
    Sec. 27. Immunity of facility and personnel. A hospital,
police station, fire station, or emergency medical facility,
and any personnel of a hospital, police station, fire station,
or emergency medical facility, are immune from criminal or
civil liability for acting in good faith in accordance with
this Act. Nothing in this Act limits liability for negligence
for care and medical treatment.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
 
    (325 ILCS 2/30)
    (Section scheduled to be repealed on July 1, 2007)
    Sec. 30. Anonymity of relinquishing person. If there is no
evidence of abuse or neglect of a relinquished newborn infant,
the relinquishing person has the right to remain anonymous and
to leave the hospital, police station, fire station, or
emergency medical facility at any time and not be pursued or
followed. Before the relinquishing person leaves the hospital,
police station, fire station, or emergency medical facility,
the hospital, police station, fire station, or emergency
medical facility personnel shall (i) i) verbally inform the
relinquishing person that by relinquishing the child
anonymously, he or she will have to petition the court if he or
she desires to prevent the termination of parental rights and
regain custody of the child and (ii) ii) shall offer the
relinquishing person the information packet described in
Section 35 of this Act. However, nothing in this Act shall be
construed as precluding the relinquishing person from
providing his or her identity or completing the application
forms for the Illinois Adoption Registry and Medical
Information Exchange and requesting that the hospital, police
station, fire station, or emergency medical facility forward
those forms to the Illinois Adoption Registry and Medical
Information Exchange.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
 
    (325 ILCS 2/35)
    (Section scheduled to be repealed on July 1, 2007)
    Sec. 35. Information for relinquishing person. A hospital,
police station, fire station, or emergency medical facility
that receives a newborn infant relinquished in accordance with
this Act must offer an information packet to the relinquishing
person and, if possible, must clearly inform the relinquishing
person that his or her acceptance of the information is
completely voluntary, that registration with the Illinois
Adoption Registry and Medical Information Exchange is
voluntary, that the person will remain anonymous if he or she
completes a Denial of Information Exchange, and that the person
has the option to provide medical information only and still
remain anonymous. The information packet must include all of
the following:
        (1) All Illinois Adoption Registry and Medical
    Information Exchange application forms, including the
    Medical Information Exchange Questionnaire and the web
    site address and toll-free phone number of the Registry.
        (2) Written notice of the following:
            (A) No sooner than 60 days following the date of
        the initial relinquishment of the infant to a hospital,
        police station, fire station, or emergency medical
        facility, the child-placing agency or the Department
        will commence proceedings for the termination of
        parental rights and placement of the infant for
        adoption.
            (B) Failure of a parent of the infant to contact
        the Department and petition for the return of custody
        of the infant before termination of parental rights
        bars any future action asserting legal rights with
        respect to the infant.
        (3) A resource list of providers of counseling services
    including grief counseling, pregnancy counseling, and
    counseling regarding adoption and other available options
    for placement of the infant.
    Upon request, the Department of Public Health shall provide
the application forms for the Illinois Adoption Registry and
Medical Information Exchange to hospitals, police stations,
fire stations, and emergency medical facilities.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
 
    (325 ILCS 2/40)
    (Section scheduled to be repealed on July 1, 2007)
    Sec. 40. Reporting requirements.
    (a) Within 12 hours after accepting a newborn infant from a
relinquishing person or from a police station, fire station, or
emergency medical facility in accordance with this Act, a
hospital must report to the Department's State Central Registry
for the purpose of transferring physical custody of the infant
from the hospital to either a child-placing agency or the
Department.
    (b) Within 24 hours after receiving a report under
subsection (a), the Department must request assistance from law
enforcement officials to investigate the matter using the
National Crime Information Center to ensure that the
relinquished newborn infant is not a missing child.
    (c) Once a hospital has made a report to the Department
under subsection (a), the Department must arrange for a
licensed child-placing agency to accept physical custody of the
relinquished newborn infant.
    (d) If a relinquished child is not a newborn infant as
defined in this Act, the hospital and the Department must
proceed as if the child is an abused or neglected child.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
 
    (325 ILCS 2/50)
    (Section scheduled to be repealed on July 1, 2007)
    Sec. 50. Child-placing agency procedures.
    (a) The Department's State Central Registry must maintain a
list of licensed child-placing agencies willing to take legal
custody of newborn infants relinquished in accordance with this
Act. The child-placing agencies on the list must be contacted
by the Department on a rotating basis upon notice from a
hospital that a newborn infant has been relinquished in
accordance with this Act.
    (b) Upon notice from the Department that a newborn infant
has been relinquished in accordance with this Act, a
child-placing agency must accept the newborn infant if the
agency has the accommodations to do so. The child-placing
agency must seek an order for legal custody of the infant upon
its acceptance of the infant.
    (c) Within 3 business days after assuming physical custody
of the infant, the child-placing agency shall file a petition
in the division of the circuit court in which petitions for
adoption would normally be heard. The petition shall allege
that the newborn infant has been relinquished in accordance
with this Act and shall state that the child-placing agency
intends to place the infant in an adoptive home.
    (d) If no licensed child-placing agency is able to accept
the relinquished newborn infant, then the Department must
assume responsibility for the infant as soon as practicable.
    (e) A custody order issued under subsection (b) shall
remain in effect until a final adoption order based on the
relinquished newborn infant's best interests is issued in
accordance with this Act and the Adoption Act.
    (f) When possible, the child-placing agency must place a
relinquished newborn infant in a prospective adoptive home.
    (g) The Department or child-placing agency must initiate
proceedings to (i) terminate the parental rights of the
relinquished newborn infant's known or unknown parents, (ii)
appoint a guardian for the infant, and (iii) obtain consent to
the infant's adoption in accordance with this Act no sooner
than 60 days following the date of the initial relinquishment
of the infant to the hospital, police station, fire station, or
emergency medical facility.
    (h) Before filing a petition for termination of parental
rights, the Department or child-placing agency must do the
following:
        (1) Search its Putative Father Registry for the purpose
    of determining the identity and location of the putative
    father of the relinquished newborn infant who is, or is
    expected to be, the subject of an adoption proceeding, in
    order to provide notice of the proceeding to the putative
    father. At least one search of the Registry must be
    conducted, at least 30 days after the relinquished newborn
    infant's estimated date of birth; earlier searches may be
    conducted, however. Notice to any potential putative
    father discovered in a search of the Registry according to
    the estimated age of the relinquished newborn infant must
    be in accordance with Section 12a of the Adoption Act.
        (2) Verify with law enforcement officials, using the
    National Crime Information Center, that the relinquished
    newborn infant is not a missing child.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
 
    (325 ILCS 2/55)
    (Section scheduled to be repealed on July 1, 2007)
    Sec. 55. Petition for return of custody.
    (a) A parent of a newborn infant relinquished in accordance
with this Act may petition for the return of custody of the
infant before the termination of parental rights with respect
to the infant.
    (b) A parent of a newborn infant relinquished in accordance
with this Act may petition for the return of custody of the
infant by contacting the Department for the purpose of
obtaining the name of the child-placing agency and then filing
a petition for return of custody in the circuit court in which
the proceeding for the termination of parental rights is
pending.
    (c) If a petition for the termination of parental rights
has not been filed by the Department or the child-placing
agency, the parent of the relinquished newborn infant must
contact the Department, which must notify the parent of the
appropriate court in which the petition for return of custody
must be filed.
    (d) The circuit court may hold the proceeding for the
termination of parental rights in abeyance for a period not to
exceed 60 days from the date that the petition for return of
custody was filed without a showing of good cause. During that
period:
        (1) The court shall order genetic testing to establish
    maternity or paternity, or both.
        (2) The Department shall conduct a child protective
    investigation and home study to develop recommendations to
    the court.
        (3) When indicated as a result of the Department's
    investigation and home study, further proceedings under
    the Juvenile Court Act of 1987 as the court determines
    appropriate, may be conducted. However, relinquishment of
    a newborn infant in accordance with this Act does not
    render the infant abused, neglected, or abandoned solely
    because the newborn infant was relinquished to a hospital,
    police station, fire station, or emergency medical
    facility in accordance with this Act.
    (e) Failure to file a petition for the return of custody of
a relinquished newborn infant before the termination of
parental rights bars any future action asserting legal rights
with respect to the infant unless the parent's act of
relinquishment that led to the termination of parental rights
involved fraud perpetrated against and not stemming from or
involving the parent. No action to void or revoke the
termination of parental rights of a parent of a newborn infant
relinquished in accordance with this Act, including an action
based on fraud, may be commenced after 12 months after the date
that the newborn infant was initially relinquished to a
hospital, police station, fire station, or emergency medical
facility.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
 
    (325 ILCS 2/65)
    (Section scheduled to be repealed on July 1, 2007)
    Sec. 65. Evaluation.
    (a) The Department shall collect and analyze information
regarding the relinquishment of newborn infants and placement
of children under this Act. Police stations, fire stations,
emergency medical facilities, and medical professionals
accepting and providing services to a newborn infant under this
Act shall report to the Department data necessary for the
Department to evaluate and determine the effect of this Act in
the prevention of injury or death of newborn infants.
Child-placing agencies shall report to the Department data
necessary to evaluate and determine the effectiveness of these
agencies in providing child protective and child welfare
services to newborn infants relinquished under this Act.
    (b) The information collected shall include, but need not
be limited to: the number of newborn infants relinquished; the
services provided to relinquished newborn infants; the outcome
of care for the relinquished newborn infants; the number and
disposition of cases of relinquished newborn infants subject to
placement; the number of children accepted and served by
child-placing agencies; and the services provided by
child-placing agencies and the disposition of the cases of the
children placed under this Act.
    (c) The Department shall submit a report by January 1,
2002, and on January 1 of each year thereafter, to the Governor
and General Assembly regarding the prevention of injury or
death of newborn infants and the effect of placements of
children under this Act. The report shall include, but need not
be limited to, a summary of collected data, an analysis of the
data and conclusions regarding the Act's effectiveness, a
determination whether the purposes of the Act are being
achieved, and recommendations for changes that may be
considered necessary to improve the administration and
enforcement of this Act.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/27/2004