Illinois General Assembly - Full Text of HB4227
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Full Text of HB4227  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/5/2022, by Rep. Michelle Mussman


325 ILCS 2/10

    Amends the Abandoned Newborn Infant Protection Act. In the definition of "relinquish", removes language stating that it is not a "relinquishment" under the Act if a mother who gives birth to an infant in a hospital, leaves the 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.

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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 Section 10 as follows:
6    (325 ILCS 2/10)
7    Sec. 10. Definitions. In this Act:
8    "Abandon" has the same meaning as in the Abused and
9Neglected Child Reporting Act.
10    "Abused child" has the same meaning as in the Abused and
11Neglected Child Reporting Act.
12    "Child-placing agency" means a licensed public or private
13agency that receives a child for the purpose of placing or
14arranging for the placement of the child in a foster family
15home or other facility for child care, apart from the custody
16of the child's parents.
17    "Department" or "DCFS" means the Illinois Department of
18Children and Family Services.
19    "Emergency medical facility" means a freestanding
20emergency center or trauma center, as defined in the Emergency
21Medical Services (EMS) Systems Act.
22    "Emergency medical professional" includes licensed
23physicians, and any emergency medical technician, emergency



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



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