Illinois General Assembly - Full Text of HB3753
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Full Text of HB3753  102nd General Assembly

HB3753 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3753

 

Introduced 2/22/2021, by Rep. Adam Niemerg

 

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 a hospital that is staffed continuously on a 24-hour, 7-day a week basis to provide care to patients in an emergency shall take temporary protective custody of any newborn infant who is left in a newborn safety device that: (1) has been approved by the hospital; (2) is physically located inside the hospital; and (3) is located in an area that is conspicuous and visible to hospital staff. Provides that a fire station, emergency medical facility, or police station that is staffed by an emergency medical services provider on a 24-hour, 7-day a week basis shall take temporary protective custody of a newborn infant who is voluntarily left in a newborn safety device that: (i) is located at the fire station, emergency medical facility, or police station; (ii) is located in an area that is conspicuous and visible to staff; and (iii) includes an adequate dual alarm system connected to the site that is tested at least one time per month to ensure the alarm system is in working order. Provides that a hospital, fire station, emergency medical facility, or police station 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. Provides that any person who in good faith voluntarily leaves a newborn infant in a newborn safety device as provided in the amendatory Act is not obligated to disclose the parent's name or the person's name. Requires hospitals, fire stations, emergency medical facilities, and police stations to post conspicuous signs informing persons that a newborn infant may be left in a newborn safety device located at the facility. Expands the definition of "relinquish" to mean to voluntarily leave a newborn infant, who a licensed physician reasonably believes is 30 days old or less, in a newborn safety device.


LRB102 13795 KTG 19145 b

 

 

A BILL FOR

 

HB3753LRB102 13795 KTG 19145 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Abandoned Newborn Infant Protection Act is
5amended by changing Sections 10, 22, 30, and 35 and by adding
6Section 16 as follows:
 
7    (325 ILCS 2/10)
8    Sec. 10. Definitions. In this Act:
9    "Abandon" has the same meaning as in the Abused and
10Neglected Child Reporting Act.
11    "Abused child" has the same meaning as in the Abused and
12Neglected Child Reporting Act.
13    "Child-placing agency" means a licensed public or private
14agency that receives a child for the purpose of placing or
15arranging for the placement of the child in a foster family
16home or other facility for child care, apart from the custody
17of the child's parents.
18    "Department" or "DCFS" means the Illinois Department of
19Children and Family Services.
20    "Emergency medical facility" means a freestanding
21emergency center or trauma center, as defined in the Emergency
22Medical Services (EMS) Systems Act.
23    "Emergency medical professional" includes licensed

 

 

HB3753- 2 -LRB102 13795 KTG 19145 b

1physicians, and any emergency medical technician, emergency
2medical technician-intermediate, advanced emergency medical
3technician, paramedic, trauma nurse specialist, and
4pre-hospital registered nurse, as defined in the Emergency
5Medical Services (EMS) Systems Act.
6    "Fire station" means a fire station within the State with
7at least one staff person.
8    "Hospital" has the same meaning as in the Hospital
9Licensing Act.
10    "Legal custody" means the relationship created by a court
11order in the best interest of a newborn infant that imposes on
12the infant's custodian the responsibility of physical
13possession of the infant, the duty to protect, train, and
14discipline the infant, and the duty to provide the infant with
15food, shelter, education, and medical care, except as these
16are limited by parental rights and responsibilities.
17    "Neglected child" has the same meaning as in the Abused
18and Neglected Child Reporting Act.
19    "Newborn infant" means a child who a licensed physician
20reasonably believes is 30 days old or less at the time the
21child is initially relinquished to a hospital, police station,
22fire station, or emergency medical facility, and who is not an
23abused or a neglected child.
24    "Police station" means a municipal police station, a
25county sheriff's office, a campus police department located on
26any college or university owned or controlled by the State or

 

 

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1any private college or private university that is not owned or
2controlled by the State when employees of the campus police
3department are present, or any of the district headquarters of
4the Illinois State Police.
5    "Relinquish" means to bring a newborn infant, who a
6licensed physician reasonably believes is 30 days old or less,
7to a hospital, police station, fire station, or emergency
8medical facility and to leave the infant with personnel of the
9facility, if the person leaving the infant does not express an
10intent to return for the infant or states that he or she will
11not return for the infant. "Relinquish" also means to
12voluntarily leave a newborn infant, who a licensed physician
13reasonably believes is 30 days old or less, in a newborn safety
14device as provided in Section 16. In the case of a mother who
15gives birth to an infant in a hospital, the mother's act of
16leaving that newborn infant at the hospital (i) without
17expressing an intent to return for the infant or (ii) stating
18that she will not return for the infant is not a
19"relinquishment" under this Act.
20    "Temporary protective custody" means the temporary
21placement of a newborn infant within a hospital or other
22medical facility out of the custody of the infant's parent.
23(Source: P.A. 97-293, eff. 8-11-11; 98-973, eff. 8-15-14.)
 
24    (325 ILCS 2/16 new)
25    Sec. 16. Newborn safety device.

 

 

HB3753- 4 -LRB102 13795 KTG 19145 b

1    (a) As used in this Section, "emergency services provider"
2means a firefighter, law enforcement officer, paramedic, an
3emergency medical technician, a physician licensed under the
4Medical Practice Act, a nurse licensed under the Nurse
5Practice Act, or any other person who provides emergency
6medical services in the course of the person's employment.
7    (b) A hospital that is staffed continuously on a 24-hour,
87-day a week basis to provide care to patients in an emergency
9shall take temporary protective custody of a newborn infant
10who is voluntarily left in a newborn safety device that:
11        (1) has been approved by the hospital;
12        (2) is physically located inside the hospital; and
13        (3) is located in an area that is conspicuous and
14    visible to hospital staff.
15    A hospital that approves the operation of a newborn safety
16device that meets the requirements of this subsection is
17immune from civil liability for an act or omission relating to
18the operation of the newborn safety device unless the act or
19omission constitutes gross negligence or willful or wanton
20misconduct. Nothing in this subsection limits liability for
21negligence for care and medical treatment.
22    (c) A fire station, emergency medical facility, or police
23station that is staffed by an emergency medical services
24provider on a 24-hour, 7-day a week basis shall take temporary
25protective custody of a newborn infant who is voluntarily left
26in a newborn safety device that:

 

 

HB3753- 5 -LRB102 13795 KTG 19145 b

1        (1) is located at the fire station, emergency medical
2    facility, or police station;
3        (2) is located in an area that is conspicuous and
4    visible to staff; and
5        (3) includes an adequate dual alarm system connected
6    to the site that is tested at least one time per month to
7    ensure the alarm system is in working order.
8    A fire department, emergency medical facility, or police
9station that meets the requirements of this subsection is
10immune from civil liability for an act or omission relating to
11the operation of the newborn safety device unless the act or
12omission constitutes gross negligence or willful or wanton
13misconduct. Nothing in this subsection limits liability for
14negligence for care and medical treatment.
15    (d) An emergency medical services provider who takes
16temporary protective custody of a newborn infant under this
17Section shall perform any act necessary to protect the
18infant's physical health or safety.
19    (e) Any person who in good faith voluntarily leaves a
20newborn infant in a newborn safety device as provided in this
21Section is not obligated to disclose the parent's name or the
22person's name.
 
23    (325 ILCS 2/22)
24    Sec. 22. Signs. Every hospital, fire station, emergency
25medical facility, and police station that is required to

 

 

HB3753- 6 -LRB102 13795 KTG 19145 b

1accept a relinquished newborn infant in accordance with this
2Act must post a sign in a conspicuous place on the exterior of
3the building housing the facility informing persons that a
4newborn infant may be relinquished at the facility or left in a
5newborn safety device located at the facility in accordance
6with this Act. The Department shall prescribe specifications
7for the signs and for their placement that will ensure
8statewide uniformity.
9    This Section does not apply to a hospital, fire station,
10emergency medical facility, or police station that has a sign
11that is consistent with the requirements of this Section that
12is posted on the effective date of this amendatory Act of the
1395th General Assembly.
14(Source: P.A. 95-275, eff. 8-17-07.)
 
15    (325 ILCS 2/30)
16    Sec. 30. Anonymity of relinquishing person. If there is
17no evidence of abuse or neglect of a relinquished newborn
18infant, the relinquishing person has the right to remain
19anonymous and to leave the hospital, police station, fire
20station, or emergency medical facility at any time and not be
21pursued or followed. Except for a person who relinquishes a
22newborn infant as provided in Section 16, before Before the
23relinquishing person leaves the hospital, police station, fire
24station, or emergency medical facility, the hospital, police
25station, fire station, or emergency medical facility personnel

 

 

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1shall (i) verbally inform the relinquishing person that by
2relinquishing the child anonymously, he or she will have to
3petition the court if he or she desires to prevent the
4termination of parental rights and regain custody of the child
5and (ii) shall offer the relinquishing person the information
6packet described in Section 35 of this Act. However, nothing
7in this Act shall be construed as precluding the relinquishing
8person from providing his or her identity or completing the
9application forms for the Illinois Adoption Registry and
10Medical Information Exchange and requesting that the hospital,
11police station, fire station, or emergency medical facility
12forward those forms to the Illinois Adoption Registry and
13Medical Information Exchange.
14(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
1593-820, eff. 7-27-04.)
 
16    (325 ILCS 2/35)
17    Sec. 35. Information for relinquishing person.
18    (a) A hospital, police station, fire station, or emergency
19medical facility that receives a newborn infant relinquished
20in accordance with this Act, except as provided in Section 16,
21must offer an information packet to the relinquishing person
22and, if possible, must clearly inform the relinquishing person
23that his or her acceptance of the information is completely
24voluntary. The information packet must include all of the
25following:

 

 

HB3753- 8 -LRB102 13795 KTG 19145 b

1        (1) (Blank).
2        (2) Written notice of the following:
3            (A) No sooner than 60 days following the date of
4        the initial relinquishment of the infant to a
5        hospital, police station, fire station, or emergency
6        medical facility, the child-placing agency or the
7        Department will commence proceedings for the
8        termination of parental rights and placement of the
9        infant for adoption.
10            (B) Failure of a parent of the infant to contact
11        the Department and petition for the return of custody
12        of the infant before termination of parental rights
13        bars any future action asserting legal rights with
14        respect to the infant.
15        (3) A resource list of providers of counseling
16    services including grief counseling, pregnancy counseling,
17    and counseling regarding adoption and other available
18    options for placement of the infant.
19    Upon request of a parent, the Department of Public Health
20shall provide the application forms for the Illinois Adoption
21Registry and Medical Information Exchange.
22    (b) The information packet given to a relinquishing parent
23in accordance with this Act shall include, in addition to
24other information required under this Act, the following:
25        (1) A brochure (with a self-mailer attached) that
26    describes this Act and the rights of birth parents,

 

 

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1    including an optional section for the parent to complete
2    and mail to the Department of Children and Family
3    Services, that shall ask for basic anonymous background
4    information about the relinquished child. This brochure
5    shall be maintained by the Department on its website.
6        (2) A brochure that describes the Illinois Adoption
7    Registry, including a toll-free number and website
8    information. This brochure shall be maintained on the
9    Office of Vital Records website.
10        (3) A brochure describing postpartum health
11    information for the mother.
12    The information packet shall be designed in coordination
13between the Office of Vital Records and the Department of
14Children and Family Services, with the exception of the
15resource list of providers of counseling services and adoption
16agencies, which shall be provided by the hospital, fire
17station, police station, sheriff's office, or emergency
18medical facility.
19(Source: P.A. 96-1114, eff. 7-20-10; 97-333, eff. 8-12-11.)