Illinois General Assembly

Previous General Assemblies

Public Act 094-0941


 

Public Act 0941 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0941
 
SB2913 Enrolled LRB094 19160 DRJ 54692 b

    AN ACT concerning 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 and 60 as follows:
 
    (325 ILCS 2/10)
    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 7 days 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 7 days 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;
93-820, eff. 7-27-04.)
 
    (325 ILCS 2/60)
    Sec. 60. Department's duties. The Department must
implement a public information program to promote safe
placement alternatives for newborn infants. The public
information program must inform the public of the following:
        (1) The relinquishment alternative provided for in
    this Act, which results in the adoption of a newborn infant
    under 7 days 72 hours of age and which provides for the
    parent's anonymity, if the parent so chooses.
        (2) The alternative of adoption through a public or
    private agency, in which the parent's identity may or may
    not be known to the agency, but is kept anonymous from the
    adoptive parents, if the birth parent so desires, and which
    allows the parent to be actively involved in the child's
    adoption plan.
    The public information program may include, but need not be
limited to, the following elements:
        (i) Educational and informational materials in print,
    audio, video, electronic or other media.
        (ii) Establishment of a web site.
        (iii) Public service announcements and advertisements.
        (iv) Establishment of toll-free telephone hotlines to
    provide information.
(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: 6/26/2006