HB3753 102ND GENERAL ASSEMBLY

LRB102 13795 KTG 19145 b

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.

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, 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-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, 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.

"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 he or she will not return for the infant. "Relinquish" also means to voluntarily leave a newborn infant, who a licensed physician reasonably believes is 30 days old or less, in a newborn safety device as provided in Section 16. 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. 97-293, eff. 8-11-11; 98-973, eff. 8-15-14.)

(325 ILCS 2/16 new)

Sec. 16. Newborn safety device.

(a) As used in this Section, "emergency services provider" means a firefighter, law enforcement officer, paramedic, an emergency medical technician, a physician licensed under the Medical Practice Act, a nurse licensed under the Nurse Practice Act, or any other person who provides emergency medical services in the course of the person's employment.

(b) 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 a newborn infant who is voluntarily 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.

A hospital that approves the operation of a newborn safety device that meets the requirements of this subsection 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.

(c) 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:

(1) is located at the fire station, emergency medical facility, or police station;

(2) is located in an area that is conspicuous and visible to staff; and

(3) 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.

A fire department, emergency medical facility, or police station that meets the requirements of this subsection 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.

(d) An emergency medical services provider who takes temporary protective custody of a newborn infant under this Section shall perform any act necessary to protect the infant's physical health or safety.

(e) Any person who in good faith voluntarily leaves a newborn infant in a newborn safety device as provided in this Section is not obligated to disclose the parent's name or the person's name.

(325 ILCS 2/22)

Sec. 22. Signs. 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 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 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.

This Section does not apply to a hospital, fire station, emergency medical facility, or police station that has a sign that is consistent with the requirements of this Section that is posted on the effective date of this amendatory Act of the 95th General Assembly.

(Source: P.A. 95-275, eff. 8-17-07.)

(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 as provided in Section 16, 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, 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) 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; 93-820, eff. 7-27-04.)

(325 ILCS 2/35)

Sec. 35. Information for relinquishing person.

(a) A hospital, police station, fire station, or emergency medical facility that receives a newborn infant relinquished in accordance with this Act, except as provided in Section 16, 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. 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-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 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 packet given to a relinquishing parent in accordance with this Act shall include, in addition to other information required under this Act, the following:

(1) A brochure (with a self-mailer attached) that describes this Act and the rights of birth parents, including an optional section for the parent to complete and mail to the Department of Children and Family Services, that shall ask for basic anonymous background information about the relinquished child. This brochure shall be maintained by the Department on its website.

(2) A brochure that describes the Illinois Adoption Registry, including a toll-free number and website information. This brochure shall be maintained on the Office of Vital Records website.

(3) A brochure describing postpartum health information for the mother.

The information packet shall be designed in coordination between the Office of Vital Records and the Department of Children and Family Services, with the exception of the resource list of providers of counseling services and adoption agencies, which shall be provided by the hospital, fire station, police station, sheriff's office, or emergency medical facility.

(Source: P.A. 96-1114, eff. 7-20-10; 97-333, eff. 8-12-11.)