Full Text of HB2816 99th General Assembly
HB2816ham001 99TH GENERAL ASSEMBLY | Rep. Sara Feigenholtz Filed: 3/23/2015
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| 1 | | AMENDMENT TO HOUSE BILL 2816
| 2 | | AMENDMENT NO. ______. Amend House Bill 2816 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Abandoned Newborn Infant Protection Act is | 5 | | amended by changing Sections 10, 20, 35, 50, 60, and 65 and by | 6 | | adding Section 21 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 | 10 | | Neglected
Child Reporting Act.
| 11 | | "Abused child" has the same meaning as in the Abused and | 12 | | Neglected
Child Reporting Act.
| 13 | | "Active labor" means the phase of labor coming after the | 14 | | early or latent phase of labor, which for most women occurs | 15 | | between 3 to 4 centimeters of dilation until 8 to 9 centimeters | 16 | | of dilation but can vary. |
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| 1 | | "Child-placing agency" means a licensed public or private | 2 | | agency
that receives a child for the purpose of placing or | 3 | | arranging
for the placement of the child in a foster family | 4 | | home or
other facility for child care, apart from the custody | 5 | | of the child's
parents.
| 6 | | "Department" or "DCFS" means the Illinois Department of | 7 | | Children and
Family Services.
| 8 | | "Emergency medical facility" means a freestanding | 9 | | emergency center or
trauma center, as defined in the Emergency | 10 | | Medical Services (EMS) Systems
Act.
| 11 | | "Emergency medical professional" includes licensed | 12 | | physicians, and any
emergency medical technician, emergency | 13 | | medical
technician-intermediate, advanced emergency medical | 14 | | technician, paramedic,
trauma nurse specialist, and | 15 | | pre-hospital registered nurse, as defined in the
Emergency | 16 | | Medical Services (EMS) Systems Act.
| 17 | | "Fire station" means a fire station within the State with | 18 | | at least one staff person.
| 19 | | "Foundling record" means the record required for infants of | 20 | | unknown parentage in Section 13 of the Vital Records Act. | 21 | | "Hospital" has the same meaning as in the Hospital | 22 | | Licensing Act.
| 23 | | "Hospital birth" means (i) any birth that occurs after a | 24 | | mother has entered a hospital or emergency medical facility | 25 | | during active labor or any later phase of labor or (ii) any | 26 | | planned caesarean section occurring in a hospital or emergency |
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| 1 | | medical facility. | 2 | | "Legal custody" means the relationship created by a court | 3 | | order in
the best interest of a newborn infant that imposes on | 4 | | the infant's custodian
the responsibility of physical | 5 | | possession of the infant, the duty to
protect, train, and | 6 | | discipline the infant, and the duty to provide the infant
with | 7 | | food,
shelter, education, and medical care, except as these are | 8 | | limited by
parental rights and responsibilities.
| 9 | | "Neglected child" has the same meaning as in the Abused and
| 10 | | Neglected Child Reporting Act.
| 11 | | "Newborn infant" means a child who a licensed physician | 12 | | reasonably
believes is 30 days old or less at the time the | 13 | | child is
initially relinquished to a hospital, police station, | 14 | | fire station, or
emergency
medical facility, and who is not an | 15 | | abused or a neglected child.
| 16 | | "Police station" means a municipal police station, a county | 17 | | sheriff's
office, a campus police department located on any | 18 | | college or university owned or controlled by the State or any | 19 | | private college or private university that is not owned or | 20 | | controlled by the State when employees of the campus police | 21 | | department are present, or any of the district headquarters of | 22 | | the Illinois State Police.
| 23 | | "Procedures for a hospital birth" means the procedures to | 24 | | be followed in Section 21 of this Act for infants born in a | 25 | | hospital birth. | 26 | | "Relinquish" means to bring a newborn infant, who a
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| 1 | | licensed physician reasonably believes is 30 days old or less,
| 2 | | to a hospital, police station, fire station, or emergency | 3 | | medical facility
and
to leave the infant with personnel of the | 4 | | facility, if the person leaving the
infant does not express an | 5 | | intent to return for the
infant or states that he or she will | 6 | | not return for the infant.
"Relinquish" shall not mean any | 7 | | attempt by the mother to leave the hospital after having a | 8 | | hospital birth, including In the case of a mother who gives | 9 | | birth to an infant in a hospital,
the mother's act of leaving | 10 | | that newborn infant at the
hospital (i) without expressing an | 11 | | intent to return for the infant or (ii)
stating that she will | 12 | | not return for the infant . In the case of a hospital birth, the | 13 | | procedures for a hospital birth shall be followed. is not a | 14 | | "relinquishment" under
this Act.
| 15 | | "Temporary protective custody" means the temporary | 16 | | placement of
a newborn infant within a hospital or other | 17 | | medical facility out of the
custody of the infant's parent.
| 18 | | (Source: P.A. 97-293, eff. 8-11-11; 98-973, eff. 8-15-14.)
| 19 | | (325 ILCS 2/20)
| 20 | | Sec. 20. Procedures with respect to relinquished newborn
| 21 | | infants.
| 22 | | (a) Hospitals. Every hospital must accept and
provide all | 23 | | necessary emergency services and care to a relinquished
newborn | 24 | | infant, in accordance with this Act.
The hospital shall examine | 25 | | a relinquished newborn infant and perform tests
that, based on |
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| 1 | | reasonable medical judgment, are appropriate in evaluating
| 2 | | whether the relinquished newborn infant was abused or | 3 | | neglected.
| 4 | | The act of relinquishing a newborn infant serves as implied
| 5 | | consent for the hospital and its medical personnel and | 6 | | physicians on
staff to treat and provide care for the
infant.
| 7 | | The hospital shall be deemed to have temporary protective | 8 | | custody of a
relinquished newborn
infant , including infants not | 9 | | born in a hospital birth that have been brought to a hospital | 10 | | after relinquishment at a fire station, police station, or | 11 | | emergency medical facility, until the infant is discharged to | 12 | | the custody of a
child-placing agency or the Department. During | 13 | | this time of temporary protective custody, the hospital shall | 14 | | file the foundling record pursuant to Section 13 of the Vital | 15 | | Records Act.
| 16 | | (b) Fire stations , police stations, and emergency medical | 17 | | facilities. Every fire
station , police station, and emergency | 18 | | medical facility must accept and
provide all necessary | 19 | | emergency services and care to a relinquished
newborn infant, | 20 | | in accordance with this Act.
| 21 | | The act of relinquishing a newborn infant serves as implied
| 22 | | consent for the fire station , police station, or emergency | 23 | | medical facility and
its emergency medical professionals to | 24 | | treat and provide care for the
infant, to the extent that those | 25 | | emergency medical professionals are trained
to
provide those | 26 | | services.
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| 1 | | After the relinquishment of a newborn infant to a fire | 2 | | station , police station, or
emergency medical facility, the | 3 | | fire station , police station, or emergency medical
facility's | 4 | | personnel must arrange for the transportation of the
infant to | 5 | | the nearest hospital as soon as
transportation can be arranged.
| 6 | | If the parent of a newborn infant returns to reclaim the
| 7 | | child within 72 hours after relinquishing the child to a fire | 8 | | station or
emergency
medical facility, the fire station or | 9 | | emergency medical facility must inform
the parent of the name | 10 | | and location of the hospital to which the infant was
| 11 | | transported.
| 12 | | (c) If a parent of a newborn infant or any other person | 13 | | returns to reclaim the infant after relinquishing the infant to | 14 | | a hospital, fire station, police station, or emergency medical | 15 | | facility, the hospital, fire station, police station, or | 16 | | emergency medical facility must provide the parent or person | 17 | | with the toll-free telephone number established by the | 18 | | Department for the sole purpose of receiving calls made | 19 | | pursuant to this Section and for providing the parent or person | 20 | | relinquishing the infant with the name of the hospital or | 21 | | licensed child placing agency to which the infant has been | 22 | | taken. The Department shall adopt rules necessary to create | 23 | | this toll-free telephone number within 120 days of the | 24 | | effective date of this amendatory Act of the 99th General | 25 | | Assembly, but the rules shall require that any call placed to | 26 | | the toll-free telephone number shall be returned within one |
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| 1 | | hour from the time the call was placed. The hospital, fire | 2 | | station, police station, or emergency medical facility shall | 3 | | also provide the parent or person contact information for the | 4 | | licensed child placing agency and the hospital which has | 5 | | custody of the infant, if known. Police stations. Every police | 6 | | station must accept a relinquished
newborn
infant, in | 7 | | accordance with this Act. After the relinquishment of a newborn
| 8 | | infant to a
police station, the police station must arrange for | 9 | | the transportation of the
infant to the
nearest hospital as | 10 | | soon as transportation can be arranged.
The act of | 11 | | relinquishing a
newborn infant serves as implied consent for | 12 | | the hospital to which the infant
is
transported and that | 13 | | hospital's medical personnel and physicians on staff to
treat | 14 | | and
provide care for the infant.
| 15 | | If the parent of a newborn infant returns to reclaim the | 16 | | infant within 72
hours after
relinquishing the infant to a | 17 | | police station,
the police station must inform the parent of | 18 | | the
name and location of the hospital to which the infant was | 19 | | transported.
| 20 | | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | 21 | | 93-820, eff. 7-27-04 .)
| 22 | | (325 ILCS 2/21 new) | 23 | | Sec. 21. Procedures for a hospital birth. In the case of a | 24 | | hospital birth, the Department or its agents or hospital | 25 | | personnel shall inform a birth mother of her rights, |
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| 1 | | responsibilities, and options, including, but not limited to: | 2 | | (1) her option of making an adoption plan for the child | 3 | | through a public or private agency, where counseling would | 4 | | be provided at her option, and where her identity may or | 5 | | may not be known to the agency; and | 6 | | (2) her right to choose whether to share her identity | 7 | | on the original birth certificate of the child, when the | 8 | | child reaches the age of 21, by completing the Birth Parent | 9 | | Preference Form pursuant to Section 18.2 of the Adoption | 10 | | Act, and her right to change her mind about sharing her | 11 | | identity throughout her lifetime. | 12 | | (325 ILCS 2/35)
| 13 | | Sec. 35. Information for relinquishing person. | 14 | | (a) A hospital, police
station, fire station,
or emergency
| 15 | | medical facility that receives a newborn infant relinquished in | 16 | | accordance with
this
Act must offer an information packet to | 17 | | the relinquishing person and, if
possible, must clearly inform | 18 | | the relinquishing person that his or her
acceptance of the
| 19 | | information is completely voluntary. The
information packet | 20 | | must include all of
the following:
| 21 | | (1) (Blank).
| 22 | | (1.5) Application forms for the Illinois Adoption | 23 | | Registry and Medical Information Exchange. | 24 | | (2) Written notice of the following:
| 25 | | (A) No sooner than 30 days following the date of No |
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| 1 | | sooner than 60 days following the date of the
initial | 2 | | relinquishment of the infant to a hospital, police | 3 | | station,
fire station, or emergency medical facility, | 4 | | the child-placing agency or the
Department will
| 5 | | commence proceedings for the termination of
parental | 6 | | rights and placement of the infant for
adoption.
| 7 | | (B) Failure of a parent of the
infant to contact | 8 | | the Department and
petition for the return of custody | 9 | | of the
infant before termination of parental rights
| 10 | | bars any future action asserting legal rights
with | 11 | | respect to the infant.
| 12 | | (3) A resource list of providers of counseling
services | 13 | | including grief counseling, pregnancy counseling, and
| 14 | | counseling regarding adoption and other available options | 15 | | for placement of the
infant.
| 16 | | Upon request of a parent, the Department of Public Health | 17 | | shall provide the
application forms for the Illinois Adoption | 18 | | Registry and Medical Information
Exchange.
| 19 | | (b) The information packet given to a relinquishing parent | 20 | | in accordance with this Act shall include, in addition to other | 21 | | information required under this Act, the following: | 22 | | (1) A brochure (with a self-mailer attached) that | 23 | | describes this Act and the rights of birth parents, | 24 | | including an optional section for the parent to complete | 25 | | and mail to the Department of Children and Family Services, | 26 | | that shall ask for basic anonymous background information |
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| 1 | | about the relinquished child. This brochure shall be | 2 | | maintained by the Department on its website. | 3 | | (2) A brochure that describes the Illinois Adoption | 4 | | Registry, including a toll-free number and website | 5 | | information. This brochure shall be maintained on the | 6 | | Office of Vital Records website. | 7 | | (3) A brochure describing postpartum health | 8 | | information for the mother. | 9 | | The information packet shall be designed in coordination | 10 | | between the Office of Vital Records and the Department of | 11 | | Children and Family Services, with the exception of the | 12 | | resource list of providers of counseling services and adoption | 13 | | agencies, which shall be provided by the hospital, fire | 14 | | station, police station, sheriff's office, or emergency | 15 | | medical facility. | 16 | | (Source: P.A. 96-1114, eff. 7-20-10; 97-333, eff. 8-12-11.)
| 17 | | (325 ILCS 2/50)
| 18 | | Sec. 50. Child-placing agency procedures.
| 19 | | (a) The Department's
State Central Registry must maintain a | 20 | | list of licensed child-placing
agencies willing to take legal | 21 | | custody of newborn infants relinquished
in accordance with this | 22 | | Act. The
child-placing agencies on the list must be contacted | 23 | | by the
Department on a rotating basis upon notice from a | 24 | | hospital
that a newborn infant has been
relinquished in | 25 | | accordance with this Act.
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| 1 | | (b) Upon notice from the Department that a newborn infant | 2 | | has
been relinquished in accordance with this Act, a | 3 | | child-placing
agency must accept the newborn infant if the | 4 | | agency has the accommodations to
do
so. The
child-placing | 5 | | agency must seek an order for legal custody of the
infant upon | 6 | | its acceptance of the infant.
| 7 | | (c) Within 3 business days after assuming physical custody | 8 | | of the infant,
the child-placing agency shall file a
petition
| 9 | | in the division of the
circuit court in which petitions for | 10 | | adoption would normally be
heard. The petition shall allege | 11 | | that the newborn infant has been relinquished
in accordance | 12 | | with this Act and shall state that the child-placing agency
| 13 | | intends to place the infant in an adoptive home.
| 14 | | (d) If no licensed child-placing agency is able to accept | 15 | | the
relinquished newborn infant, then the Department must | 16 | | assume
responsibility for the infant as soon as practicable.
| 17 | | (e) A custody order issued under subsection (b) shall | 18 | | remain in
effect until a final adoption order based on the | 19 | | relinquished newborn
infant's best interests is issued in | 20 | | accordance with this Act and the Adoption
Act.
| 21 | | (f) When possible, the child-placing agency must place a
| 22 | | relinquished newborn infant in a prospective adoptive home.
| 23 | | (g) The Department or child-placing agency must initiate | 24 | | proceedings to (i)
terminate the parental rights of the | 25 | | relinquished newborn infant's
known or unknown parents, (ii) | 26 | | appoint a guardian for the infant, and
(iii) obtain consent to |
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| 1 | | the infant's adoption in accordance with this
Act no sooner | 2 | | than 30 days no sooner than 60 days following the date of the | 3 | | initial
relinquishment of the infant to the hospital, police | 4 | | station, fire station,
or
emergency medical facility.
| 5 | | (g-5) No court order terminating the parental rights of the | 6 | | relinquished newborn infant's known or unknown parents shall be | 7 | | entered sooner than 60 days after the date of the initial | 8 | | relinquishment of the infant to the hospital, fire station, | 9 | | police station, or emergency medical facility. | 10 | | (h) Before filing a petition for termination of parental
| 11 | | rights, the Department or child-placing agency must do the | 12 | | following:
| 13 | | (1) Search its Putative Father Registry for the purpose | 14 | | of
determining the identity and location of the putative | 15 | | father of
the relinquished newborn infant who is, or is | 16 | | expected to be, the
subject of an adoption proceeding, in | 17 | | order to provide notice of
the proceeding to the putative | 18 | | father. At least one search of the
Registry must be | 19 | | conducted, at least 30 days after the
relinquished newborn | 20 | | infant's estimated date of birth; earlier
searches may be | 21 | | conducted, however. Notice to any potential
putative | 22 | | father discovered in a search of the Registry according
to | 23 | | the estimated age of the relinquished newborn infant must | 24 | | be
in accordance with Section 12a of the Adoption Act.
| 25 | | (2) Verify with law enforcement officials, using the | 26 | | National Crime
Information Center,
that the relinquished |
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| 1 | | newborn infant is not a missing child.
| 2 | | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | 3 | | 93-820, eff. 7-27-04 .)
| 4 | | (325 ILCS 2/60)
| 5 | | Sec. 60. Department's duties. The Department must | 6 | | implement a
public information program to promote safe | 7 | | placement alternatives for newborn
infants. The public | 8 | | information program must inform the public of the
following:
| 9 | | (1) The relinquishment alternative provided for in | 10 | | this
Act, which results in the adoption of a newborn infant | 11 | | under 30 7 days of age
and which
provides for the parent's
| 12 | | anonymity, if the parent so chooses.
| 13 | | (2) The procedures for a hospital birth provided in | 14 | | Section 21 of this Act. The alternative of adoption
through | 15 | | a public or private agency, in which the parent's identity | 16 | | may or may
not be known to the agency, but is kept | 17 | | anonymous from the adoptive parents, if
the birth parent so | 18 | | desires, and which allows the parent to be actively
| 19 | | involved in the child's adoption plan.
| 20 | | The public information program may include, but
need
not be | 21 | | limited to, the
following elements:
| 22 | | (i) Educational and informational materials in print, | 23 | | audio, video,
electronic or other media.
| 24 | | (ii) Establishment of a web site.
| 25 | | (iii) Public service announcements and advertisements.
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| 1 | | (iv) Establishment of toll-free
telephone
hotlines to | 2 | | provide information.
| 3 | | (Source: P.A. 94-941, eff. 6-26-06.)
| 4 | | (325 ILCS 2/65)
| 5 | | Sec. 65. Evaluation.
| 6 | | (a) The Department shall collect and analyze
information | 7 | | regarding the relinquishment of newborn infants and placement | 8 | | of
children under this Act. Police stations, fire stations, | 9 | | emergency medical
facilities, and
medical professionals | 10 | | accepting and providing services to a newborn infant
under this | 11 | | Act shall report to the Department data necessary for the | 12 | | Department
to evaluate and determine the effect of this Act in | 13 | | the prevention of injury
or death of newborn infants. | 14 | | Child-placing agencies shall report to the
Department data | 15 | | necessary to evaluate and determine the effectiveness of these
| 16 | | agencies in providing child protective and child welfare | 17 | | services to newborn
infants relinquished under this Act.
| 18 | | (b) The information collected shall include,
but need not | 19 | | be limited to: the number of newborn infants relinquished; the
| 20 | | services provided to relinquished newborn infants; the outcome
| 21 | | of care for the relinquished newborn infants; the number and | 22 | | disposition of
cases of relinquished newborn infants subject to | 23 | | placement; the number of
children accepted and served by each | 24 | | child-placing agency agencies ; the name of each child-placing | 25 | | agency which provided services; the number of infants |
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| 1 | | relinquished at each location, listed by location, including | 2 | | the number of infants relinquished at a hospital, fire station, | 3 | | police station, and emergency medical facility; and the | 4 | | services
provided by child-placing agencies and the | 5 | | disposition of the cases of the
children placed under this Act.
| 6 | | (c) The Department shall submit a report by
January 1, | 7 | | 2002, and on January 1 of each
year thereafter, to the Governor | 8 | | and General Assembly regarding the prevention
of injury or | 9 | | death of newborn infants and the effect of placements of | 10 | | children
under this Act. The report shall include, but need not | 11 | | be limited to, a
summary of
collected data, an analysis of the | 12 | | data and conclusions regarding the Act's
effectiveness, a | 13 | | determination whether the purposes of the Act are being
| 14 | | achieved,
and recommendations for changes that may be | 15 | | considered necessary to improve the
administration and | 16 | | enforcement of this Act.
| 17 | | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | 18 | | 93-820, eff. 7-27-04 .)".
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