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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4699 Introduced 1/21/2022, by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: |
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Amends the Abandoned Newborn Infant Protection Act. Provides that there is a presumption that by relinquishing a newborn infant
under the Act, the infant's parent waives notice of any legal proceeding to terminate his or her parental rights. Requires a hospital to complete and submit, on behalf of a relinquished newborn infant, an application for medical assistance benefits provided under the Illinois Public Aid Code and to provide all available medical information and records regarding the infant to the Department of Children and Family Services and to the child welfare agency (rather than child-placing agency) that has accepted the referral of the infant. Provides that first responders dispatched in response to a 9-1-1 call to accept a relinquished newborn infant must accept the relinquished newborn infant in accordance with the Act. Contains provisions on when and to whom a fire station or emergency medical facility must disclose the name and location of the hospital to which a relinquished
infant was transported. Provides that, if possible, a hospital, police station, fire station, or emergency medical facility that receives a newborn infant must offer information about the relinquishment process to the relinquishing person in writing or by referring the person to a website or other electronic resource. Contains provisions on a child welfare agency's authority to place the infant in an adoptive home, foster home, child care facility, or other appropriate facility and to make medical and health-related decisions for the infant. Contains provisions concerning notice to the infant's biological parents of legal proceedings to terminate their parental rights; the appointment of a guardian ad litem to represent the infant's interests; petitions to return the infant to the infant's parent; the alternative to relinquishment that results in the adoption of a relinquished infant under 30 (rather than 7) days of age; and other matters.
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| | A BILL FOR |
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1 | | AN ACT concerning children.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Abandoned Newborn Infant Protection Act is |
5 | | amended by changing Sections 10, 15, 20, 25, 27, 30, 35, 37, |
6 | | 40, 50, 55, 60, and 65 as follows: |
7 | | (325 ILCS 2/10)
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8 | | Sec. 10. Definitions. In this Act:
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9 | | "Abandon" has the same meaning as in the Abused and |
10 | | Neglected
Child Reporting Act.
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11 | | "Abused child" has the same meaning as in the Abused and |
12 | | Neglected
Child Reporting Act.
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13 | | " Child welfare agency Child-placing agency " means an |
14 | | Illinois a licensed public or private agency
that receives a |
15 | | child for the purpose of placing or arranging
for the |
16 | | placement of the child in a foster family home or
other |
17 | | facility for child care, apart from the custody of the child's
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18 | | parents.
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19 | | "Department" or "DCFS" means the Illinois Department of |
20 | | Children and
Family Services.
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21 | | "Emergency medical facility" means a freestanding |
22 | | emergency center or
trauma center, as defined in the Emergency |
23 | | Medical Services (EMS) Systems
Act.
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1 | | "Emergency medical professional" includes licensed |
2 | | physicians, and any
emergency medical technician, emergency |
3 | | medical
technician-intermediate, advanced emergency medical |
4 | | technician, paramedic,
trauma nurse specialist, and |
5 | | pre-hospital registered nurse, as defined in the
Emergency |
6 | | Medical Services (EMS) Systems Act.
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7 | | "Fire station" means a fire station within the State with |
8 | | at least one staff person.
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9 | | "First responder" means a member of law enforcement, a |
10 | | staff member of a fire station, or an emergency medical |
11 | | professional who is dispatched to respond to a 9-1-1 call from |
12 | | a parent or a parent's representative who is unable or |
13 | | unwilling to travel to a hospital, police station, fire |
14 | | station, or emergency medical facility and who desires to |
15 | | relinquish an infant under this Act. |
16 | | "Hospital" has the same meaning as in the Hospital |
17 | | Licensing Act.
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18 | | "Legal custody" means the relationship created by a court |
19 | | order in
the best interest of a newborn infant that imposes on |
20 | | the infant's custodian
the responsibility of physical |
21 | | possession of the infant, the duty to
protect, train, and |
22 | | discipline the infant, and the duty to provide the infant
with |
23 | | food,
shelter, education, and medical care, except as these |
24 | | are limited by
parental rights and responsibilities.
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25 | | "Neglected child" has the same meaning as in the Abused |
26 | | and
Neglected Child Reporting Act.
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1 | | "Newborn infant" means a child who a licensed physician |
2 | | reasonably
believes is 30 days old or less at the time the |
3 | | child is
initially relinquished to a hospital, police station, |
4 | | fire station, or
emergency
medical facility, and who is not an |
5 | | abused or a neglected child.
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6 | | "Parent" or "biological parent" means a person who has |
7 | | established maternity or paternity of a newborn infant through |
8 | | genetic testing. |
9 | | "Police station" means a municipal police station, a |
10 | | county sheriff's
office, a campus police department located on |
11 | | any college or university owned or controlled by the State or |
12 | | any private college or private university that is not owned or |
13 | | controlled by the State when employees of the campus police |
14 | | department are present, or any of the district headquarters of |
15 | | the Illinois State Police.
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16 | | "Relinquish" means to bring a newborn infant, who a
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17 | | licensed physician reasonably believes is 30 days old or less,
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18 | | to a hospital, police station, fire station, or emergency |
19 | | medical facility
and
to leave the infant with personnel of the |
20 | | facility, if the person leaving the
infant does not express an |
21 | | intent to return for the
infant or states that he or she will |
22 | | not return for the infant.
If the person relinquishing the |
23 | | infant is unable or unwilling to travel to a hospital, police |
24 | | station, fire station, or emergency medical facility, the |
25 | | person may dial 9-1-1 and the 9-1-1 operator who receives the |
26 | | call shall dispatch a first responder to meet the person in |
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1 | | order to accept the relinquishment of the infant and take the |
2 | | infant into custody under this Act. In the case of a mother who |
3 | | gives birth to an infant in a hospital,
the mother's act of |
4 | | leaving that newborn infant at the
hospital (i) without |
5 | | expressing an intent to return for the infant or (ii)
stating |
6 | | that she will not return for the infant is not a |
7 | | "relinquishment" under
this Act.
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8 | | "Temporary protective custody" means the temporary |
9 | | placement of
a newborn infant within a hospital or other |
10 | | medical facility out of the
custody of the infant's parent.
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11 | | (Source: P.A. 97-293, eff. 8-11-11; 98-973, eff. 8-15-14.)
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12 | | (325 ILCS 2/15)
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13 | | Sec. 15. Presumptions.
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14 | | (a) There is a presumption that by relinquishing a newborn |
15 | | infant
in accordance with this Act, the infant's parent
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16 | | consents to the termination of his or her
parental rights with |
17 | | respect to the infant and therefore waives notice of any legal |
18 | | proceeding to terminate his or her parental rights .
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19 | | (b) There is a presumption that a person relinquishing a |
20 | | newborn
infant in accordance with this Act:
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21 | | (1) is the newborn infant's biological parent; and
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22 | | (2) either without expressing an intent to return for |
23 | | the
infant or expressing an intent not to return for the |
24 | | infant,
did intend to relinquish the infant to the |
25 | | hospital, police station, fire
station, or emergency |
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1 | | medical facility , or to a first responder dispatched to |
2 | | accept the relinquished infant in response to a 9-1-1 |
3 | | call, to treat, care for, and
provide for the infant in |
4 | | accordance with this
Act.
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5 | | (c) A parent of a relinquished newborn infant
may rebut |
6 | | the presumption set forth in either subsection (a) or
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7 | | subsection (b) pursuant to Section 55, at any time before the |
8 | | termination of
the parent's
parental rights.
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9 | | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; |
10 | | 93-820, eff. 7-27-04 .)
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11 | | (325 ILCS 2/20)
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12 | | Sec. 20. Procedures with respect to relinquished newborn
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13 | | infants.
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14 | | (a) Hospitals. Every hospital must accept and
provide all |
15 | | necessary emergency services and care to a relinquished
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16 | | newborn infant, in accordance with this Act.
The hospital |
17 | | shall examine a relinquished newborn infant and perform tests
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18 | | that, based on reasonable medical judgment, are appropriate in |
19 | | evaluating
whether the relinquished newborn infant was abused |
20 | | or neglected.
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21 | | The act of relinquishing a newborn infant serves as |
22 | | implied
consent for the hospital and its medical personnel and |
23 | | physicians on
staff to treat and provide care for the
infant.
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24 | | The hospital shall complete and submit an application for |
25 | | medical assistance provided under Article V of the Illinois |
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1 | | Public Aid Code on behalf of the infant and shall provide all |
2 | | available medical information and records regarding the infant |
3 | | to the Department and the child welfare agency that has |
4 | | accepted the referral of the infant pursuant to Section 50. |
5 | | The hospital shall be deemed to have temporary protective |
6 | | custody of a
relinquished newborn
infant until the infant is |
7 | | discharged to the custody of a
child welfare agency |
8 | | child-placing agency or the Department.
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9 | | (b) Fire stations and emergency medical facilities. Every |
10 | | fire
station and emergency medical facility must accept and
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11 | | provide all necessary emergency services and care to a |
12 | | relinquished
newborn infant, in accordance with this Act.
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13 | | The act of relinquishing a newborn infant serves as |
14 | | implied
consent for the fire station or emergency medical |
15 | | facility and
its emergency medical professionals to treat and |
16 | | provide care for the
infant, to the extent that those |
17 | | emergency medical professionals are trained
to
provide those |
18 | | services.
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19 | | After the relinquishment of a newborn infant to a fire |
20 | | station or
emergency medical facility, the fire station or |
21 | | emergency medical
facility's personnel must arrange for the |
22 | | transportation of the
infant to the nearest hospital as soon |
23 | | as
transportation can be arranged.
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24 | | If the person who relinquished parent of a newborn infant , |
25 | | or a person claiming to be the parent of the infant, returns to |
26 | | reclaim the infant within 30 days after the infant was |
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1 | | relinquished
child within 72 hours after relinquishing the |
2 | | child to a fire station or
emergency
medical facility, the |
3 | | fire station or emergency medical facility must inform such |
4 | | person
the parent of the name and location of the hospital to |
5 | | which the infant was
transported.
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6 | | (c) Police stations. Every police station must accept a |
7 | | relinquished
newborn
infant, in accordance with this Act. |
8 | | After the relinquishment of a newborn
infant to a
police |
9 | | station, the police station must arrange for the |
10 | | transportation of the
infant to the
nearest hospital as soon |
11 | | as transportation can be arranged.
The act of relinquishing a
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12 | | newborn infant serves as implied consent for the hospital to |
13 | | which the infant
is
transported and that hospital's medical |
14 | | personnel and physicians on staff to
treat and
provide care |
15 | | for the infant.
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16 | | If the person who relinquished parent of a newborn infant , |
17 | | or a person claiming to be the parent of the infant, returns to |
18 | | reclaim the infant within 30 days after 72
hours after
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19 | | relinquishing the infant was relinquished to a police station,
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20 | | the police station must inform such person the parent of the
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21 | | name and location of the hospital to which the infant was |
22 | | transported.
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23 | | (d) First responders dispatched in response to a 9-1-1 |
24 | | call to accept a relinquished newborn infant must accept the |
25 | | relinquished newborn infant in accordance with this Act. After |
26 | | the relinquishment of a newborn infant to a first responder, |
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1 | | the first responder must arrange for the transportation of the |
2 | | infant to the nearest hospital as soon as transportation can |
3 | | be arranged and must inform the relinquishing person of the |
4 | | name of the hospital and the Department's contact number. The |
5 | | act of relinquishing a newborn infant serves as implied |
6 | | consent for the hospital to which the infant is transported |
7 | | and that hospital's medical personnel and physicians on staff |
8 | | to treat and provide care for the infant. |
9 | | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; |
10 | | 93-820, eff. 7-27-04 .)
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11 | | (325 ILCS 2/25)
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12 | | Sec. 25. Immunity for relinquishing person.
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13 | | (a) The act of relinquishing a newborn infant to a |
14 | | hospital, police
station, fire
station, or emergency medical |
15 | | facility or to a first responder dispatched in response to a |
16 | | 9-1-1 call in accordance with this Act
does not, by itself, |
17 | | constitute a basis for a finding of abuse,
neglect, or |
18 | | abandonment of the infant pursuant to the laws of this State |
19 | | nor
does it, by itself, constitute a violation of Section |
20 | | 12C-5 or 12C-10 of the
Criminal Code of 2012.
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21 | | (b) If there is suspected child abuse or neglect
that is |
22 | | not based solely on the newborn infant's relinquishment to a
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23 | | hospital, police station, fire station, or emergency medical |
24 | | facility, or to a first responder dispatched in response to a |
25 | | 9-1-1 call in accordance with this Act, the first responder or |
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1 | | the
personnel
of the hospital, police station, fire station, |
2 | | or emergency medical
facility who are
mandated reporters under |
3 | | the Abused and Neglected Child Reporting Act must
report the |
4 | | abuse or neglect pursuant to that Act.
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5 | | (c) Neither a child protective investigation nor a |
6 | | criminal
investigation may be initiated solely because a |
7 | | newborn infant is
relinquished pursuant to this Act.
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8 | | (Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
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9 | | (325 ILCS 2/27)
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10 | | Sec. 27. Immunity of facility and personnel.
A hospital, |
11 | | police station, fire station, or emergency medical facility,
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12 | | or a first responder dispatched in response to a 9-1-1 call in |
13 | | accordance with this Act, and
any personnel of a hospital, |
14 | | police station, fire station, or emergency
medical facility, |
15 | | are
immune
from criminal or civil liability for acting in good |
16 | | faith in accordance with
this Act.
Nothing in this Act limits |
17 | | liability for negligence for care and
medical treatment.
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18 | | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; |
19 | | 93-820, eff. 7-27-04 .)
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20 | | (325 ILCS 2/30)
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21 | | Sec. 30. Anonymity of relinquishing person.
If there is |
22 | | no evidence of abuse or neglect of a
relinquished newborn |
23 | | infant, the relinquishing person has the right to
remain |
24 | | anonymous and to leave the hospital, police station, fire |
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1 | | station,
or emergency
medical facility at any time and not be |
2 | | pursued or followed. Before the
relinquishing person leaves |
3 | | the hospital, police station, fire station, or
emergency |
4 | | medical
facility, or after the relinquishing person |
5 | | relinquishes the infant to a first responder dispatched in |
6 | | response to a 9-1-1 call, the hospital, police station, fire |
7 | | station, or emergency medical
facility personnel , or first |
8 | | responder
shall (i) verbally inform the relinquishing person |
9 | | that by
relinquishing the
child anonymously, he or she will |
10 | | have to petition the court if he or she
desires to prevent the |
11 | | termination of parental rights and regain custody of the
child |
12 | | and (ii) shall offer the relinquishing person the information
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13 | | packet
described in Section 35 of this Act.
However, nothing |
14 | | in this Act shall be construed as precluding the
relinquishing |
15 | | person from providing his or her identity or completing the
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16 | | application forms for the Illinois Adoption Registry and |
17 | | Medical Information
Exchange and requesting that the hospital, |
18 | | police station, fire station, or
emergency medical
facility , |
19 | | or first responder forward those forms to the Illinois |
20 | | Adoption Registry and Medical
Information Exchange.
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21 | | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; |
22 | | 93-820, eff. 7-27-04 .)
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23 | | (325 ILCS 2/35)
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24 | | Sec. 35. Information for relinquishing person. |
25 | | (a) If possible, the A hospital, police
station, fire |
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1 | | station,
or emergency
medical facility , or the first responder |
2 | | dispatched in response to a 9-1-1 call, that receives a |
3 | | newborn infant relinquished in accordance with
this
Act must |
4 | | offer information about the relinquishment process to an |
5 | | information packet to the relinquishing person and, if
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6 | | possible, must clearly inform the relinquishing person , either |
7 | | in writing or by referring such person to a website or other |
8 | | electronic resource. Such information shall clearly state that |
9 | | his or her
acceptance of the
information is completely |
10 | | voluntary. The
information packet must include all of
the |
11 | | following:
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12 | | (1) (Blank).
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13 | | (2) Written notice of the following:
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14 | | (A) No sooner than 30 60 days following the date of |
15 | | the
initial relinquishment of the infant to a |
16 | | hospital, police station,
fire station, or emergency |
17 | | medical facility, or to a first responder dispatched |
18 | | in response to a 9-1-1 call, the court may enter an |
19 | | order terminating parental rights without notice to |
20 | | the parents of the infant the child-placing agency or |
21 | | the
Department will
commence proceedings for the |
22 | | termination of
parental rights and placement of the |
23 | | infant for
adoption .
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24 | | (B) Failure of a parent of the
infant to contact |
25 | | the Department and
petition for the return of custody |
26 | | of the
infant before termination of parental rights
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1 | | bars any future action asserting legal rights
with |
2 | | respect to the infant.
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3 | | (3) A resource list of providers of counseling
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4 | | services including grief counseling, pregnancy counseling, |
5 | | and
counseling regarding adoption and other available |
6 | | options for placement of the
infant.
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7 | | Upon request of a parent, the Department of Public Health |
8 | | shall provide the
application forms for the Illinois Adoption |
9 | | Registry and Medical Information
Exchange.
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10 | | (b) The information offered packet given to a |
11 | | relinquishing person parent in accordance with this Act shall |
12 | | include, in addition to other information required under this |
13 | | Act, the following: |
14 | | (1) Information A brochure (with a self-mailer |
15 | | attached) that describes this Act and the rights of birth |
16 | | parents, including an option optional section for the |
17 | | parent to complete and mail to the Department of Children |
18 | | and Family Services a form that , that shall ask for basic |
19 | | anonymous background information about the relinquished |
20 | | child. This form brochure shall be maintained by the |
21 | | Department on its website. |
22 | | (2) Information about A brochure that describes the |
23 | | Illinois Adoption Registry, including a toll-free number |
24 | | and website information. This brochure shall be maintained |
25 | | on the Office of Vital Records website. |
26 | | (3) Information about a mother's A brochure describing |
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1 | | postpartum health information for the mother . |
2 | | The information provided in writing or through electronic |
3 | | means packet shall be designed in coordination between the |
4 | | Office of Vital Records and the Department of Children and |
5 | | Family Services, with the exception of the resource list of |
6 | | providers of counseling services and adoption agencies, which |
7 | | shall be provided by the hospital, fire station, police |
8 | | station, sheriff's office, or emergency medical facility. |
9 | | (Source: P.A. 96-1114, eff. 7-20-10; 97-333, eff. 8-12-11.)
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10 | | (325 ILCS 2/37) |
11 | | Sec. 37. Public disclosure of information prohibited. |
12 | | Emergency medical professionals, first responders, employees, |
13 | | or other persons engaged in the administration or operation of |
14 | | a fire station, police station, hospital, emergency medical |
15 | | facility, child welfare agency child placing agency , or the |
16 | | Department where a newborn infant baby has been relinquished |
17 | | or transferred under this Act, are prohibited from publicly |
18 | | disclosing any information concerning the relinquishment of |
19 | | the infant and the individuals involved, except as otherwise |
20 | | provided by law.
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21 | | (Source: P.A. 95-549, eff. 6-1-08 .) |
22 | | (325 ILCS 2/40)
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23 | | Sec. 40. Reporting requirements.
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24 | | (a) Within 12 hours after accepting a newborn infant
from |
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1 | | a relinquishing person or from a police station, fire station, |
2 | | or
emergency medical
facility , or first responder in |
3 | | accordance with this Act, a hospital must report to the
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4 | | Department's State Central Registry for the purpose of |
5 | | transferring
physical custody of the infant from the hospital |
6 | | to either a
child welfare agency child-placing agency or the |
7 | | Department.
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8 | | (b) Within 24 hours after receiving a report under |
9 | | subsection (a), the
Department must request assistance from |
10 | | law enforcement
officials to investigate the matter using the |
11 | | National Crime Information Center
to ensure that the |
12 | | relinquished newborn infant is not a missing
child.
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13 | | (c) Once a hospital has made a report to the Department
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14 | | under subsection (a), the
Department must
arrange for
a |
15 | | licensed child welfare agency child-placing agency to accept |
16 | | physical custody of the relinquished
newborn infant.
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17 | | (d) If a relinquished child is not a newborn infant as |
18 | | defined
in this Act, the hospital and the Department must |
19 | | proceed as if the child is an
abused or neglected child.
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20 | | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; |
21 | | 93-820, eff. 7-27-04 .)
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22 | | (325 ILCS 2/50)
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23 | | Sec. 50. Child welfare agency Child-placing agency |
24 | | procedures.
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25 | | (a) The Department's
State Central Registry must maintain |
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1 | | a list of licensed child welfare agencies child-placing
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2 | | agencies willing to take legal custody of newborn infants |
3 | | relinquished
in accordance with this Act. The
child welfare |
4 | | agencies child-placing agencies on the list must be contacted |
5 | | by the
Department on a rotating basis upon notice from a |
6 | | hospital
that a newborn infant has been
relinquished in |
7 | | accordance with this Act.
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8 | | (b) Upon notice from the Department that a newborn infant |
9 | | has
been relinquished in accordance with this Act, a child |
10 | | welfare agency child-placing
agency must accept the newborn |
11 | | infant if the agency has the accommodations to
do
so. The
child |
12 | | welfare agency child-placing agency must seek an order for |
13 | | legal custody of the
infant upon its acceptance of the infant.
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14 | | (c) Within 3 business days after accepting the referral |
15 | | from the Department, the child welfare agency assuming |
16 | | physical custody of the infant,
the child-placing agency shall |
17 | | file a
petition
in the division of the
circuit court in which |
18 | | petitions for adoption would normally be
heard. There shall be |
19 | | no filing fee charged by the clerk of any court for the filing |
20 | | of this petition. The infant shall be referred to as "Baby Girl |
21 | | Doe" or "Baby Boy Doe" in all pleadings, notwithstanding |
22 | | actual knowledge of the infant's name or of the names of the |
23 | | infant's parents, in order to preserve the confidentiality of |
24 | | the relinquishing parent or parents and the expectation of |
25 | | anonymity consistent with the purposes of this Act. The |
26 | | petition shall allege that the newborn infant has been |
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1 | | relinquished
in accordance with this Act and shall request |
2 | | state that the child welfare agency be given the authority |
3 | | child-placing agency
intends to place the infant in an |
4 | | adoptive home , foster home, child care facility, or other |
5 | | facility appropriate for the needs of the infant .
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6 | | (d) If no licensed child welfare agency child-placing |
7 | | agency is able to accept the
relinquished newborn infant, then |
8 | | the Department must assume
responsibility for the infant as |
9 | | soon as practicable.
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10 | | (e) A custody order issued under subsection (b) shall |
11 | | grant the child welfare agency the authority to make medical |
12 | | and health-related decisions for the infant. The order shall |
13 | | remain in
effect until a final adoption order based on the |
14 | | relinquished newborn
infant's best interests is issued in |
15 | | accordance with this Act and the Adoption
Act.
|
16 | | (f) When possible, the child welfare agency child-placing |
17 | | agency must place a
relinquished newborn infant in a |
18 | | prospective adoptive home.
|
19 | | (g) An order terminating the parental rights of the |
20 | | biological parents of the infant and appointing a guardian of |
21 | | the infant with authority to consent to the adoption may be |
22 | | entered The Department or child-placing agency must initiate |
23 | | proceedings to (i)
terminate the parental rights of the |
24 | | relinquished newborn infant's
known or unknown parents, (ii) |
25 | | appoint a guardian for the infant, and
(iii) obtain consent to |
26 | | the infant's adoption in accordance with this
Act no sooner |
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1 | | than 30 60 days following the date of the initial
|
2 | | relinquishment of the infant to the hospital, police station, |
3 | | fire station,
or
emergency medical facility.
|
4 | | (g-1) Notice to the infant's biological parents of the |
5 | | legal proceedings under this Act shall be given by publication |
6 | | of a notice in a newspaper published in the county in which the |
7 | | action is pending, or if there is no newspaper published in |
8 | | that county, then in a newspaper published in an adjoining |
9 | | county having a circulation in the county in which the action |
10 | | is pending. The form to be used for publication shall be |
11 | | substantially as follows: |
12 | | "ABANDONED NEWBORN NOTICE – STATE OF ILLINOIS, County of |
13 | | ...., ss,--Circuit Court of ...... County, In the matter of |
14 | | the Abandonment of BABY (GIRL/BOY) DOE, a newborn infant, Case |
15 | | Number .......... To THE UNKNOWN MOTHER, UNKNOWN FATHER and |
16 | | ALL WHOM IT MAY CONCERN: Take notice that a Petition was filed |
17 | | in the Circuit Court of ........ County, Illinois, for an |
18 | | unnamed child, referred to as BABY (GIRL/BOY) DOE, born on or |
19 | | about ......, and relinquished to ............. on or about |
20 | | ..........., pursuant to the Abandoned Newborn Infant |
21 | | Protection Act. Now therefore, unless you UNKNOWN MOTHER, |
22 | | UNKNOWN FATHER and ALL WHOM IT MAY CONCERN, file your petition |
23 | | for return of custody in the said Circuit Court of .... County, |
24 | | ..............., in the city of .........., Illinois, on or |
25 | | before .........., an order terminating your parental rights |
26 | | may be entered against you any time after that day and a |
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1 | | judgment may be entered in accordance with the Petition. |
2 | | (E-filing instructions, Contact information for the attorney |
3 | | for the petition)" |
4 | | If known, the name of the relinquishing person, the name |
5 | | of an alleged parent, or the name of the child shall not be |
6 | | included in the publication notice. |
7 | | Due to the expectation of privacy and anonymity and the |
8 | | presumption that the infant's parents have consented to the |
9 | | termination of their parental rights, no further notice is |
10 | | required unless a person claiming to be the infant's parent |
11 | | files a petition in accordance with Section 55 or a possible |
12 | | parent is discovered as a result of the required procedures in |
13 | | subsection (h). |
14 | | (h) Before requesting an order filing a petition for |
15 | | termination of parental
rights, the Department or child |
16 | | welfare agency child-placing agency must do the following:
|
17 | | (1) If the name of either biological parent is known, |
18 | | search the Illinois Search its Putative Father Registry |
19 | | for the purpose of
determining the identity and location |
20 | | of the putative father of
the relinquished newborn infant |
21 | | who is, or is expected to be, the
subject of an adoption |
22 | | proceeding, in order to provide notice of
the proceeding |
23 | | to the putative father. At least one search of the
|
24 | | Registry must be conducted, at least 30 days after the
|
25 | | relinquished newborn infant's estimated date of birth; |
26 | | earlier
searches may be conducted, however. Notice to any |
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1 | | potential
putative father discovered in a search of the |
2 | | Registry according
to the estimated age of the |
3 | | relinquished newborn infant must be
in accordance with the |
4 | | Code of Civil Procedure or Section 12a of the Adoption |
5 | | Act.
If the names of both parents are unknown, then a |
6 | | search is not required under this Section.
|
7 | | (2) Verify with the Department that, in accordance |
8 | | with subsection (b) of Section 40, that law enforcement |
9 | | officials, using the National Crime
Information Center,
|
10 | | that the relinquished newborn infant is not a missing |
11 | | child. |
12 | | (3) Publish notice in accordance with subsection |
13 | | (g-1).
|
14 | | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; |
15 | | 93-820, eff. 7-27-04 .)
|
16 | | (325 ILCS 2/55)
|
17 | | Sec. 55. Petition for return of custody.
|
18 | | (a) A parent or person claiming to be a possible parent of |
19 | | a newborn infant relinquished
in accordance with this Act may |
20 | | petition for the return of custody of
the infant before the |
21 | | termination of parental
rights with respect to the infant.
|
22 | | (b) A parent of a newborn infant relinquished
in |
23 | | accordance with this Act may petition for the return of |
24 | | custody of
the infant by contacting the Department
for the |
25 | | purpose of obtaining the name of the child welfare agency |
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1 | | child-placing agency that has custody of the infant and the |
2 | | appropriate court in which the petition of return of custody |
3 | | of the infant must be filed and then
filing
a petition for |
4 | | return of custody in the circuit court in which the
proceeding |
5 | | for the termination of parental rights is pending.
|
6 | | (c) (Blank). If a petition for the termination of parental |
7 | | rights has not
been filed by the Department or the |
8 | | child-placing agency, the parent of the
relinquished newborn |
9 | | infant must contact the Department, which must
notify the |
10 | | parent of the appropriate court in which
the petition for |
11 | | return of custody must be filed.
|
12 | | (d) The circuit court may hold the proceeding for the |
13 | | termination of
parental rights in abeyance for a period not to |
14 | | exceed 60 days from the date
that the petition for return of |
15 | | custody was filed without a
showing of good cause. During that |
16 | | period:
|
17 | | (1) The court shall order genetic testing to establish |
18 | | maternity
or
paternity, or both.
|
19 | | (2) The Department shall conduct a child protective |
20 | | investigation and home
study to develop recommendations to |
21 | | the court.
|
22 | | (3) When indicated as a result of the Department's |
23 | | investigation and home
study, further proceedings under |
24 | | the Juvenile Court Act of 1987 as the court
determines |
25 | | appropriate, may be conducted. However,
relinquishment of
|
26 | | a newborn infant
in accordance with this Act does not |
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1 | | render the infant abused,
neglected, or abandoned solely |
2 | | because the newborn infant was relinquished to a
hospital, |
3 | | police station, fire station, or emergency medical |
4 | | facility in
accordance with this
Act. |
5 | | (4) The court shall appoint a guardian ad litem to |
6 | | represent the interests of the newborn infant.
|
7 | | (e) Failure to file a petition for the return of custody of |
8 | | a
relinquished newborn infant before the termination
of |
9 | | parental rights
bars any future action asserting legal rights |
10 | | with respect to the
infant unless the parent's act
of |
11 | | relinquishment that led to the termination of parental rights
|
12 | | involved fraud perpetrated against and not stemming from or |
13 | | involving
the parent. No
action to void or revoke the |
14 | | termination of parental rights of a parent
of a newborn infant |
15 | | relinquished in accordance with
this Act, including an action |
16 | | based on fraud, may be commenced after 12
months after the date |
17 | | that the newborn infant was initially
relinquished to a |
18 | | hospital, police station, fire station, or emergency
medical
|
19 | | facility.
|
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 2/60)
|
23 | | Sec. 60. Department's duties. The Department must |
24 | | implement a
public information program to promote safe |
25 | | placement alternatives for newborn
infants. The public |
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1 | | information program must inform the public of the
following:
|
2 | | (1) The relinquishment alternative provided for in |
3 | | this
Act, which results in the adoption of a relinquished |
4 | | newborn infant under 30 7 days of age
and which
provides |
5 | | for the parent's
anonymity, if the parent so chooses.
|
6 | | (2) The alternative of adoption
through a public or |
7 | | private agency, in which the parent's identity may or may
|
8 | | not be known to the agency, but is kept anonymous from the |
9 | | adoptive parents, if
the birth parent so desires, and |
10 | | which allows the parent to be actively
involved in the |
11 | | child's adoption plan.
|
12 | | The public information program may include, but
need
not |
13 | | be limited to, the
following elements:
|
14 | | (i) Educational and informational materials in print, |
15 | | audio, video,
electronic or other media.
|
16 | | (ii) Establishment of a website web site .
|
17 | | (iii) Public service announcements and advertisements.
|
18 | | (iv) Establishment of toll-free
telephone
hotlines to |
19 | | provide information.
|
20 | | (Source: P.A. 94-941, eff. 6-26-06.)
|
21 | | (325 ILCS 2/65)
|
22 | | Sec. 65. Evaluation.
|
23 | | (a) The Department shall collect and analyze
information |
24 | | regarding the relinquishment of newborn infants and placement |
25 | | of
children under this Act. Police stations, fire stations, |
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1 | | emergency medical
facilities, and
medical professionals , and |
2 | | first responders accepting and providing services to a newborn |
3 | | infant
under this Act shall report to the Department data |
4 | | necessary for the Department
to evaluate and determine the |
5 | | effect of this Act in the prevention of injury
or death of |
6 | | newborn infants. Child welfare agencies Child-placing agencies |
7 | | shall report to the
Department data necessary to evaluate and |
8 | | determine the effectiveness of these
agencies in providing |
9 | | child protective and child welfare services to newborn
infants |
10 | | relinquished under this Act.
|
11 | | (b) The information collected shall include,
but need not |
12 | | be limited to: the number of newborn infants relinquished; the
|
13 | | services provided to relinquished newborn infants; the outcome
|
14 | | of care for the relinquished newborn infants; the number and |
15 | | disposition of
cases of relinquished newborn infants subject |
16 | | to placement; the number of
children accepted and served by |
17 | | child welfare agencies child-placing agencies ; and the |
18 | | services
provided by child welfare agencies child-placing |
19 | | agencies and the disposition of the cases of the
children |
20 | | placed under this Act.
|
21 | | (c) The Department shall submit a report by
January 1, |
22 | | 2002, and on January 1 of each
year thereafter, to the Governor |
23 | | and General Assembly regarding the prevention
of injury or |
24 | | death of newborn infants and the effect of placements of |
25 | | children
under this Act. The report shall include, but need |
26 | | not be limited to, a
summary of
collected data, an analysis of |
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1 | | the data and conclusions regarding the Act's
effectiveness, a |
2 | | determination whether the purposes of the Act are being
|
3 | | achieved,
and recommendations for changes that may be |
4 | | considered necessary to improve the
administration and |
5 | | enforcement of this Act.
|
6 | | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; |
7 | | 93-820, eff. 7-27-04 .)
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 325 ILCS 2/10 | | | 4 | | 325 ILCS 2/15 | | | 5 | | 325 ILCS 2/20 | | | 6 | | 325 ILCS 2/25 | | | 7 | | 325 ILCS 2/27 | | | 8 | | 325 ILCS 2/30 | | | 9 | | 325 ILCS 2/35 | | | 10 | | 325 ILCS 2/37 | | | 11 | | 325 ILCS 2/40 | | | 12 | | 325 ILCS 2/50 | | | 13 | | 325 ILCS 2/55 | | | 14 | | 325 ILCS 2/60 | | | 15 | | 325 ILCS 2/65 | |
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|