102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4699

 

Introduced 1/21/2022, by Rep. Terra Costa Howard

 

SYNOPSIS AS INTRODUCED:
 
See Index

    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.


LRB102 23055 KTG 32211 b

 

 

A BILL FOR

 

HB4699LRB102 23055 KTG 32211 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, 15, 20, 25, 27, 30, 35, 37,
640, 50, 55, 60, and 65 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 welfare agency Child-placing agency" means an
14Illinois a licensed public or private agency that receives a
15child for the purpose of placing or arranging for the
16placement of the child in a foster family home or other
17facility for child care, apart from the custody of the child's
18parents.
19    "Department" or "DCFS" means the Illinois Department of
20Children and Family Services.
21    "Emergency medical facility" means a freestanding
22emergency center or trauma center, as defined in the Emergency
23Medical Services (EMS) Systems Act.

 

 

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1    "Emergency medical professional" includes licensed
2physicians, and any emergency medical technician, emergency
3medical technician-intermediate, advanced emergency medical
4technician, paramedic, trauma nurse specialist, and
5pre-hospital registered nurse, as defined in the Emergency
6Medical Services (EMS) Systems Act.
7    "Fire station" means a fire station within the State with
8at least one staff person.
9    "First responder" means a member of law enforcement, a
10staff member of a fire station, or an emergency medical
11professional who is dispatched to respond to a 9-1-1 call from
12a parent or a parent's representative who is unable or
13unwilling to travel to a hospital, police station, fire
14station, or emergency medical facility and who desires to
15relinquish an infant under this Act.
16    "Hospital" has the same meaning as in the Hospital
17Licensing Act.
18    "Legal custody" means the relationship created by a court
19order in the best interest of a newborn infant that imposes on
20the infant's custodian the responsibility of physical
21possession of the infant, the duty to protect, train, and
22discipline the infant, and the duty to provide the infant with
23food, shelter, education, and medical care, except as these
24are limited by parental rights and responsibilities.
25    "Neglected child" has the same meaning as in the Abused
26and Neglected Child Reporting Act.

 

 

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1    "Newborn infant" means a child who a licensed physician
2reasonably believes is 30 days old or less at the time the
3child is initially relinquished to a hospital, police station,
4fire station, or emergency medical facility, and who is not an
5abused or a neglected child.
6    "Parent" or "biological parent" means a person who has
7established maternity or paternity of a newborn infant through
8genetic testing.
9    "Police station" means a municipal police station, a
10county sheriff's office, a campus police department located on
11any college or university owned or controlled by the State or
12any private college or private university that is not owned or
13controlled by the State when employees of the campus police
14department are present, or any of the district headquarters of
15the Illinois State Police.
16    "Relinquish" means to bring a newborn infant, who a
17licensed physician reasonably believes is 30 days old or less,
18to a hospital, police station, fire station, or emergency
19medical facility and to leave the infant with personnel of the
20facility, if the person leaving the infant does not express an
21intent to return for the infant or states that he or she will
22not return for the infant. If the person relinquishing the
23infant is unable or unwilling to travel to a hospital, police
24station, fire station, or emergency medical facility, the
25person may dial 9-1-1 and the 9-1-1 operator who receives the
26call shall dispatch a first responder to meet the person in

 

 

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1order to accept the relinquishment of the infant and take the
2infant into custody under this Act. In the case of a mother who
3gives birth to an infant in a hospital, the mother's act of
4leaving that newborn infant at the hospital (i) without
5expressing an intent to return for the infant or (ii) stating
6that she will not return for the infant is not a
7"relinquishment" under this Act.
8    "Temporary protective custody" means the temporary
9placement of a newborn infant within a hospital or other
10medical facility out of the custody of the infant's parent.
11(Source: P.A. 97-293, eff. 8-11-11; 98-973, eff. 8-15-14.)
 
12    (325 ILCS 2/15)
13    Sec. 15. Presumptions.
14    (a) There is a presumption that by relinquishing a newborn
15infant in accordance with this Act, the infant's parent
16consents to the termination of his or her parental rights with
17respect to the infant and therefore waives notice of any legal
18proceeding to terminate his or her parental rights.
19    (b) There is a presumption that a person relinquishing a
20newborn infant in accordance with this Act:
21        (1) is the newborn infant's biological parent; and
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.
5    (c) A parent of a relinquished newborn infant may rebut
6the presumption set forth in either subsection (a) or
7subsection (b) pursuant to Section 55, at any time before the
8termination of the parent's parental rights.
9(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
1093-820, eff. 7-27-04.)
 
11    (325 ILCS 2/20)
12    Sec. 20. Procedures with respect to relinquished newborn
13infants.
14    (a) Hospitals. Every hospital must accept and provide all
15necessary emergency services and care to a relinquished
16newborn infant, in accordance with this Act. The hospital
17shall examine a relinquished newborn infant and perform tests
18that, based on reasonable medical judgment, are appropriate in
19evaluating whether the relinquished newborn infant was abused
20or neglected.
21    The act of relinquishing a newborn infant serves as
22implied consent for the hospital and its medical personnel and
23physicians on staff to treat and provide care for the infant.
24    The hospital shall complete and submit an application for
25medical assistance provided under Article V of the Illinois

 

 

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1Public Aid Code on behalf of the infant and shall provide all
2available medical information and records regarding the infant
3to the Department and the child welfare agency that has
4accepted the referral of the infant pursuant to Section 50.
5    The hospital shall be deemed to have temporary protective
6custody of a relinquished newborn infant until the infant is
7discharged to the custody of a child welfare agency
8child-placing agency or the Department.
9    (b) Fire stations and emergency medical facilities. Every
10fire station and emergency medical facility must accept and
11provide all necessary emergency services and care to a
12relinquished newborn infant, in accordance with this Act.
13    The act of relinquishing a newborn infant serves as
14implied consent for the fire station or emergency medical
15facility and its emergency medical professionals to treat and
16provide care for the infant, to the extent that those
17emergency medical professionals are trained to provide those
18services.
19    After the relinquishment of a newborn infant to a fire
20station or emergency medical facility, the fire station or
21emergency medical facility's personnel must arrange for the
22transportation of the infant to the nearest hospital as soon
23as transportation can be arranged.
24    If the person who relinquished parent of a newborn infant,
25or a person claiming to be the parent of the infant, returns to
26reclaim the infant within 30 days after the infant was

 

 

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1relinquished child within 72 hours after relinquishing the
2child to a fire station or emergency medical facility, the
3fire station or emergency medical facility must inform such
4person the parent of the name and location of the hospital to
5which the infant was transported.
6    (c) Police stations. Every police station must accept a
7relinquished newborn infant, in accordance with this Act.
8After the relinquishment of a newborn infant to a police
9station, the police station must arrange for the
10transportation of the infant to the nearest hospital as soon
11as transportation can be arranged. The act of relinquishing a
12newborn infant serves as implied consent for the hospital to
13which the infant is transported and that hospital's medical
14personnel and physicians on staff to treat and provide care
15for the infant.
16    If the person who relinquished parent of a newborn infant,
17or a person claiming to be the parent of the infant, returns to
18reclaim the infant within 30 days after 72 hours after
19relinquishing the infant was relinquished to a police station,
20the police station must inform such person the parent of the
21name and location of the hospital to which the infant was
22transported.
23    (d) First responders dispatched in response to a 9-1-1
24call to accept a relinquished newborn infant must accept the
25relinquished newborn infant in accordance with this Act. After
26the relinquishment of a newborn infant to a first responder,

 

 

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1the first responder must arrange for the transportation of the
2infant to the nearest hospital as soon as transportation can
3be arranged and must inform the relinquishing person of the
4name of the hospital and the Department's contact number. The
5act of relinquishing a newborn infant serves as implied
6consent for the hospital to which the infant is transported
7and that hospital's medical personnel and physicians on staff
8to treat and provide care for the infant.
9(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
1093-820, eff. 7-27-04.)
 
11    (325 ILCS 2/25)
12    Sec. 25. Immunity for relinquishing person.
13    (a) The act of relinquishing a newborn infant to a
14hospital, police station, fire station, or emergency medical
15facility or to a first responder dispatched in response to a
169-1-1 call in accordance with this Act does not, by itself,
17constitute a basis for a finding of abuse, neglect, or
18abandonment of the infant pursuant to the laws of this State
19nor does it, by itself, constitute a violation of Section
2012C-5 or 12C-10 of the Criminal Code of 2012.
21    (b) If there is suspected child abuse or neglect that is
22not based solely on the newborn infant's relinquishment to a
23hospital, police station, fire station, or emergency medical
24facility, or to a first responder dispatched in response to a
259-1-1 call in accordance with this Act, the first responder or

 

 

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1the personnel of the hospital, police station, fire station,
2or emergency medical facility who are mandated reporters under
3the Abused and Neglected Child Reporting Act must report the
4abuse or neglect pursuant to that Act.
5    (c) Neither a child protective investigation nor a
6criminal investigation may be initiated solely because a
7newborn infant is relinquished pursuant to this Act.
8(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
9    (325 ILCS 2/27)
10    Sec. 27. Immunity of facility and personnel. A hospital,
11police station, fire station, or emergency medical facility,
12or a first responder dispatched in response to a 9-1-1 call in
13accordance with this Act, and any personnel of a hospital,
14police station, fire station, or emergency medical facility,
15are immune from criminal or civil liability for acting in good
16faith in accordance with this Act. Nothing in this Act limits
17liability for negligence for care and medical treatment.
18(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
1993-820, eff. 7-27-04.)
 
20    (325 ILCS 2/30)
21    Sec. 30. Anonymity of relinquishing person. If there is
22no evidence of abuse or neglect of a relinquished newborn
23infant, the relinquishing person has the right to remain
24anonymous and to leave the hospital, police station, fire

 

 

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1station, or emergency medical facility at any time and not be
2pursued or followed. Before the relinquishing person leaves
3the hospital, police station, fire station, or emergency
4medical facility, or after the relinquishing person
5relinquishes the infant to a first responder dispatched in
6response to a 9-1-1 call, the hospital, police station, fire
7station, or emergency medical facility personnel, or first
8responder shall (i) verbally inform the relinquishing person
9that by relinquishing the child anonymously, he or she will
10have to petition the court if he or she desires to prevent the
11termination of parental rights and regain custody of the child
12and (ii) shall offer the relinquishing person the information
13packet described in Section 35 of this Act. However, nothing
14in this Act shall be construed as precluding the relinquishing
15person from providing his or her identity or completing the
16application forms for the Illinois Adoption Registry and
17Medical Information Exchange and requesting that the hospital,
18police station, fire station, or emergency medical facility,
19or first responder forward those forms to the Illinois
20Adoption Registry and Medical Information Exchange.
21(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
2293-820, eff. 7-27-04.)
 
23    (325 ILCS 2/35)
24    Sec. 35. Information for relinquishing person.
25    (a) If possible, the A hospital, police station, fire

 

 

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1station, or emergency medical facility, or the first responder
2dispatched in response to a 9-1-1 call, that receives a
3newborn infant relinquished in accordance with this Act must
4offer information about the relinquishment process to an
5information packet to the relinquishing person and, if
6possible, must clearly inform the relinquishing person, either
7in writing or by referring such person to a website or other
8electronic resource. Such information shall clearly state that
9his or her acceptance of the information is completely
10voluntary. The information packet must include all of the
11following:
12        (1) (Blank).
13        (2) Written notice of the following:
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.
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.
3        (3) A resource list of providers of counseling
4    services including grief counseling, pregnancy counseling,
5    and counseling regarding adoption and other available
6    options for placement of the infant.
7    Upon request of a parent, the Department of Public Health
8shall provide the application forms for the Illinois Adoption
9Registry and Medical Information Exchange.
10    (b) The information offered packet given to a
11relinquishing person parent in accordance with this Act shall
12include, in addition to other information required under this
13Act, 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
3means packet shall be designed in coordination between the
4Office of Vital Records and the Department of Children and
5Family Services, with the exception of the resource list of
6providers of counseling services and adoption agencies, which
7shall be provided by the hospital, fire station, police
8station, sheriff's office, or emergency medical facility.
9(Source: P.A. 96-1114, eff. 7-20-10; 97-333, eff. 8-12-11.)
 
10    (325 ILCS 2/37)
11    Sec. 37. Public disclosure of information prohibited.
12Emergency medical professionals, first responders, employees,
13or other persons engaged in the administration or operation of
14a fire station, police station, hospital, emergency medical
15facility, child welfare agency child placing agency, or the
16Department where a newborn infant baby has been relinquished
17or transferred under this Act, are prohibited from publicly
18disclosing any information concerning the relinquishment of
19the infant and the individuals involved, except as otherwise
20provided by law.
21(Source: P.A. 95-549, eff. 6-1-08.)
 
22    (325 ILCS 2/40)
23    Sec. 40. Reporting requirements.
24    (a) Within 12 hours after accepting a newborn infant from

 

 

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1a relinquishing person or from a police station, fire station,
2or emergency medical facility, or first responder in
3accordance with this Act, a hospital must report to the
4Department's State Central Registry for the purpose of
5transferring physical custody of the infant from the hospital
6to either a child welfare agency child-placing agency or the
7Department.
8    (b) Within 24 hours after receiving a report under
9subsection (a), the Department must request assistance from
10law enforcement officials to investigate the matter using the
11National Crime Information Center to ensure that the
12relinquished newborn infant is not a missing child.
13    (c) Once a hospital has made a report to the Department
14under subsection (a), the Department must arrange for a
15licensed child welfare agency child-placing agency to accept
16physical custody of the relinquished newborn infant.
17    (d) If a relinquished child is not a newborn infant as
18defined in this Act, the hospital and the Department must
19proceed as if the child is an abused or neglected child.
20(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
2193-820, eff. 7-27-04.)
 
22    (325 ILCS 2/50)
23    Sec. 50. Child welfare agency Child-placing agency
24procedures.
25    (a) The Department's State Central Registry must maintain

 

 

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1a list of licensed child welfare agencies child-placing
2agencies willing to take legal custody of newborn infants
3relinquished in accordance with this Act. The child welfare
4agencies child-placing agencies on the list must be contacted
5by the Department on a rotating basis upon notice from a
6hospital that a newborn infant has been relinquished in
7accordance with this Act.
8    (b) Upon notice from the Department that a newborn infant
9has been relinquished in accordance with this Act, a child
10welfare agency child-placing agency must accept the newborn
11infant if the agency has the accommodations to do so. The child
12welfare agency child-placing agency must seek an order for
13legal custody of the infant upon its acceptance of the infant.
14    (c) Within 3 business days after accepting the referral
15from the Department, the child welfare agency assuming
16physical custody of the infant, the child-placing agency shall
17file a petition in the division of the circuit court in which
18petitions for adoption would normally be heard. There shall be
19no filing fee charged by the clerk of any court for the filing
20of this petition. The infant shall be referred to as "Baby Girl
21Doe" or "Baby Boy Doe" in all pleadings, notwithstanding
22actual knowledge of the infant's name or of the names of the
23infant's parents, in order to preserve the confidentiality of
24the relinquishing parent or parents and the expectation of
25anonymity consistent with the purposes of this Act. The
26petition shall allege that the newborn infant has been

 

 

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1relinquished in accordance with this Act and shall request
2state that the child welfare agency be given the authority
3child-placing agency intends to place the infant in an
4adoptive home, foster home, child care facility, or other
5facility appropriate for the needs of the infant.
6    (d) If no licensed child welfare agency child-placing
7agency is able to accept the relinquished newborn infant, then
8the Department must assume responsibility for the infant as
9soon as practicable.
10    (e) A custody order issued under subsection (b) shall
11grant the child welfare agency the authority to make medical
12and health-related decisions for the infant. The order shall
13remain in effect until a final adoption order based on the
14relinquished newborn infant's best interests is issued in
15accordance with this Act and the Adoption Act.
16    (f) When possible, the child welfare agency child-placing
17agency must place a relinquished newborn infant in a
18prospective adoptive home.
19    (g) An order terminating the parental rights of the
20biological parents of the infant and appointing a guardian of
21the infant with authority to consent to the adoption may be
22entered The Department or child-placing agency must initiate
23proceedings to (i) terminate the parental rights of the
24relinquished newborn infant's known or unknown parents, (ii)
25appoint a guardian for the infant, and (iii) obtain consent to
26the infant's adoption in accordance with this Act no sooner

 

 

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1than 30 60 days following the date of the initial
2relinquishment of the infant to the hospital, police station,
3fire station, or emergency medical facility.
4    (g-1) Notice to the infant's biological parents of the
5legal proceedings under this Act shall be given by publication
6of a notice in a newspaper published in the county in which the
7action is pending, or if there is no newspaper published in
8that county, then in a newspaper published in an adjoining
9county having a circulation in the county in which the action
10is pending. The form to be used for publication shall be
11substantially as follows:
12    "ABANDONED NEWBORN NOTICE – STATE OF ILLINOIS, County of
13...., ss,--Circuit Court of ...... County, In the matter of
14the Abandonment of BABY (GIRL/BOY) DOE, a newborn infant, Case
15Number .......... To THE UNKNOWN MOTHER, UNKNOWN FATHER and
16ALL WHOM IT MAY CONCERN: Take notice that a Petition was filed
17in the Circuit Court of ........ County, Illinois, for an
18unnamed child, referred to as BABY (GIRL/BOY) DOE, born on or
19about ......, and relinquished to ............. on or about
20..........., pursuant to the Abandoned Newborn Infant
21Protection Act. Now therefore, unless you UNKNOWN MOTHER,
22UNKNOWN FATHER and ALL WHOM IT MAY CONCERN, file your petition
23for return of custody in the said Circuit Court of .... County,
24..............., in the city of .........., Illinois, on or
25before .........., an order terminating your parental rights
26may be entered against you any time after that day and a

 

 

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1judgment may be entered in accordance with the Petition.
2(E-filing instructions, Contact information for the attorney
3for the petition)"
4    If known, the name of the relinquishing person, the name
5of an alleged parent, or the name of the child shall not be
6included in the publication notice.
7    Due to the expectation of privacy and anonymity and the
8presumption that the infant's parents have consented to the
9termination of their parental rights, no further notice is
10required unless a person claiming to be the infant's parent
11files a petition in accordance with Section 55 or a possible
12parent is discovered as a result of the required procedures in
13subsection (h).
14    (h) Before requesting an order filing a petition for
15termination of parental rights, the Department or child
16welfare 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;
1593-820, 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
19a newborn infant relinquished in accordance with this Act may
20petition for the return of custody of the infant before the
21termination of parental rights with respect to the infant.
22    (b) A parent of a newborn infant relinquished in
23accordance with this Act may petition for the return of
24custody of the infant by contacting the Department for the
25purpose of obtaining the name of the child welfare agency

 

 

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1child-placing agency that has custody of the infant and the
2appropriate court in which the petition of return of custody
3of the infant must be filed and then filing a petition for
4return of custody in the circuit court in which the proceeding
5for the termination of parental rights is pending.
6    (c) (Blank). If a petition for the termination of parental
7rights has not been filed by the Department or the
8child-placing agency, the parent of the relinquished newborn
9infant must contact the Department, which must notify the
10parent of the appropriate court in which the petition for
11return of custody must be filed.
12    (d) The circuit court may hold the proceeding for the
13termination of parental rights in abeyance for a period not to
14exceed 60 days from the date that the petition for return of
15custody was filed without a showing of good cause. During that
16period:
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
8a relinquished newborn infant before the termination of
9parental rights bars any future action asserting legal rights
10with respect to the infant unless the parent's act of
11relinquishment that led to the termination of parental rights
12involved fraud perpetrated against and not stemming from or
13involving the parent. No action to void or revoke the
14termination of parental rights of a parent of a newborn infant
15relinquished in accordance with this Act, including an action
16based on fraud, may be commenced after 12 months after the date
17that the newborn infant was initially relinquished to a
18hospital, police station, fire station, or emergency medical
19facility.
20(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
2193-820, eff. 7-27-04.)
 
22    (325 ILCS 2/60)
23    Sec. 60. Department's duties. The Department must
24implement a public information program to promote safe
25placement alternatives for newborn infants. The public

 

 

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1information 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
13be 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
24regarding the relinquishment of newborn infants and placement
25of children under this Act. Police stations, fire stations,

 

 

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1emergency medical facilities, and medical professionals, and
2first responders accepting and providing services to a newborn
3infant under this Act shall report to the Department data
4necessary for the Department to evaluate and determine the
5effect of this Act in the prevention of injury or death of
6newborn infants. Child welfare agencies Child-placing agencies
7shall report to the Department data necessary to evaluate and
8determine the effectiveness of these agencies in providing
9child protective and child welfare services to newborn infants
10relinquished under this Act.
11    (b) The information collected shall include, but need not
12be limited to: the number of newborn infants relinquished; the
13services provided to relinquished newborn infants; the outcome
14of care for the relinquished newborn infants; the number and
15disposition of cases of relinquished newborn infants subject
16to placement; the number of children accepted and served by
17child welfare agencies child-placing agencies; and the
18services provided by child welfare agencies child-placing
19agencies and the disposition of the cases of the children
20placed under this Act.
21    (c) The Department shall submit a report by January 1,
222002, and on January 1 of each year thereafter, to the Governor
23and General Assembly regarding the prevention of injury or
24death of newborn infants and the effect of placements of
25children under this Act. The report shall include, but need
26not be limited to, a summary of collected data, an analysis of

 

 

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1the data and conclusions regarding the Act's effectiveness, a
2determination whether the purposes of the Act are being
3achieved, and recommendations for changes that may be
4considered necessary to improve the administration and
5enforcement of this Act.
6(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
793-820, 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