HB2492 104TH GENERAL ASSEMBLY

LRB104 08116 KTG 18162 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2492

Introduced 2/4/2025, by Rep. Anne Stava-Murray

SYNOPSIS AS INTRODUCED:

325 ILCS 2/10
325 ILCS 2/16 new
325 ILCS 2/22
325 ILCS 2/30
325 ILCS 2/35

Amends the Abandoned Newborn Infant Protection Act. Provides that as soon as practicable, the Department of Children and Family Services, in consultation with the county board of each county, shall identify hospital emergency departments, fire stations, emergency medical facilities, and police stations to install, maintain, and provide outreach regarding newborn safety devices. Provides that each county having a population less than 500,000 shall identify one hospital emergency department, fire station, emergency medical facility, or police station to install a newborn safety device; and each county having a population greater than 500,000 shall identify a total of 4 hospital emergency departments, fire stations, emergency medical facilities, or police stations, or any combination of those facilities, to install a newborn safety device. Requires the Department to award grants to the designated facilities of each county to pay for the installation of a newborn safety device and any other costs associated with maintaining proper operation of the device. Provides that a designated facility's acceptance of the grant award and any agreement to install and maintain a newborn safety device shall be strictly voluntary. Provides that a hospital emergency department, fire station, emergency medical facility, or police station that operates a newborn safety device is immune from civil liability for an act or omission relating to the operation of the newborn safety device unless the act or omission constitutes gross negligence or willful or wanton misconduct. Makes conforming changes throughout the Act.

A BILL FOR

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, 20, 22, 30, and 35 and by adding Section 16 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 welfare agency" means an Illinois 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 or pre-adoptive 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, emergency medical technician-intermediate, advanced emergency medical technician, paramedic, trauma nurse specialist, and pre-hospital registered nurse, as defined in the Emergency Medical Services (EMS) Systems Act.

"Fire station" means a fire station within the State with at least one staff person.

"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 30 days 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.

"Newborn safety device" means a device or container to accept delivery of a newborn infant less than 31 days old that:

(1) is voluntarily installed by a hospital emergency department, fire station, emergency medical facility, or police station that has medical, fire, or police personnel available 24-hours, 7-days a week to take possession of any newborn infant who is voluntarily left in the newborn safety device;

(2) is physically located as part of a hospital emergency department, fire station, emergency medical facility, or police station;

(3) is located in an area that is conspicuous and visible to the employees of the hospital emergency department, fire station, emergency medical facility, or police station;

(4) is accessible to a person transferring the newborn infant in a manner that allows the newborn infant to be placed anonymously inside the newborn safety device from outside the hospital emergency department, fire station, emergency medical facility, or police station;

(5) is locked after a newborn infant is placed in it so a person outside the hospital emergency department, fire station, emergency medical facility, or police station cannot access the child;

(6) provides a controlled environment for the care and protection of the newborn infant;

(7) notifies a centralized location in the hospital emergency department, fire station, emergency medical facility, or police station within 30 seconds of the newborn infant being placed in the newborn safety device; and

(8) triggers a 9-1-1 call if staff at the hospital emergency department, fire station, emergency medical facility, or police station do not respond within a reasonable amount of time after a newborn infant is placed in the newborn safety device.

"Parent" or "biological parent" or "birth parent" means a person who has established maternity or paternity of the newborn infant through genetic testing.

"Police station" means a municipal police station, a county sheriff's office, a campus police department located on any college or university owned or controlled by the State or any private college or private university that is not owned or controlled by the State when employees of the campus police department are present, or any of the district headquarters of the Illinois State Police.

"Relinquish" means to bring a newborn infant, who a licensed physician reasonably believes is 30 days 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 the person will not return for the infant. "Relinquish" also means to voluntarily leave a newborn infant in a newborn safety device. In the case of a person who gives birth to an infant in a hospital, the person's act of leaving that newborn infant at the hospital (i) without expressing an intent to return for the infant or (ii) stating that the person 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. 103-22, eff. 8-8-23; 103-501, eff. 1-1-24; 103-605, eff. 7-1-24.)

(325 ILCS 2/16 new)

Sec. 16. Grant awards for the installation of newborn safety devices. As soon as practicable, the Department, in consultation with the county board of each county, shall identify hospital emergency departments, fire stations, emergency medical facilities, and police stations to install, maintain, and provide outreach regarding newborn safety devices. Each county having a population less than 500,000 shall identify one hospital emergency department, fire station, emergency medical facility, or police station to install a newborn safety device. Each county having a population greater than 500,000 shall identify a total of 4 hospital emergency departments, fire stations, emergency medical facilities, or police stations, or any combination of those facilities, to install a newborn safety device. The Department shall award grants to the designated facilities of each county to pay for the installation of a newborn safety device and any other costs associated with maintaining proper operation of the device. A designated facility's acceptance of the grant award and any agreement to install and maintain a newborn safety device shall be strictly voluntary. Upon the receipt of grant funds, a designated facility shall install, as soon as practicable, a newborn safety device that meets all applicable safety and installation requirements.

A hospital emergency department, fire station, or emergency medical facility that operates a newborn safety device must accept and provide all necessary emergency services and care to a relinquished newborn infant in accordance with this Act. A police station that operates a newborn safety device must accept a relinquished newborn infant in accordance with this Act.

A hospital emergency department, fire station, emergency medical facility, or police station that operates a newborn safety device in accordance with this Act is immune from civil liability for an act or omission relating to the operation of the newborn safety device unless the act or omission constitutes gross negligence or willful or wanton misconduct. Nothing in this subsection limits liability for negligence for care and medical treatment.

(325 ILCS 2/22)

Sec. 22. Signage. Every hospital, fire station, emergency medical facility, and police station that is required to accept a relinquished newborn infant in accordance with this Act must post, either by physical or electronic means, a sign in a conspicuous place on the exterior of the building housing the facility informing persons that a newborn infant may be relinquished at the facility or, if applicable, left in a newborn safety device located at the facility in accordance with this Act. The Department shall prescribe specifications for the signs and for their placement that will ensure statewide uniformity.

(Source: P.A. 102-4, eff. 4-27-21; 103-501, eff. 1-1-24.)

(325 ILCS 2/30)

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. Except for a person who relinquishes a newborn infant by placing the infant in a newborn safety device, before 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) verbally inform the relinquishing person that by relinquishing the child anonymously, the relinquishing person will have to petition the court if the relinquishing person desires to prevent the termination of parental rights and regain custody of the child and (ii) 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 the relinquishing person's 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. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.)

(325 ILCS 2/35)

Sec. 35. Information for relinquishing person.

(a) Except when a newborn infant is left in a newborn safety device, the The hospital, police station, fire station, or emergency medical facility that receives a newborn infant relinquished in accordance with this Act shall offer to the relinquishing person information about the relinquishment process and, either in writing or by referring such person to a website or other electronic resource, such information shall state that the relinquishing person's acceptance of the information is completely voluntary. The information packet must include all of the following:

(1) (Blank).

(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 welfare 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 of a parent, the Department of Public Health shall provide the application forms for the Illinois Adoption Registry and Medical Information Exchange.

(b) The information offered to a relinquishing person in accordance with this Act shall include, in addition to other information required under this Act, the following:

(1) Information that describes this Act and the rights of birth parents, including an option for the parent to complete and mail to the Department of Children and Family Services a form that shall ask for basic anonymous background information about the relinquished child. This form shall be maintained by the Department on its website.

(2) Information about the Illinois Adoption Registry, including a toll-free number and website information.

(3) Information about a mother's postpartum health.

The information provided in writing or through electronic means shall be designed in coordination between the Office of Vital Records and the Department of Children and Family Services. The Failure to provide such information under this Section or the failure of the relinquishing person to accept such information shall not invalidate the relinquishment under this Act.

(Source: P.A. 103-22, eff. 8-8-23; 103-501, eff. 1-1-24; 103-605, eff. 7-1-24.)