House Sponsors: COULSON-SCOTT-MOORE-BLACK-WAIT, LINDNER, PANKAU, BASSI, MYERS,RICHARD, KOSEL, MITCHELL,BILL, BROSNAHAN, TENHOUSE, WOJCIK, MULLIGAN, BELLOCK, SAVIANO, RUTHERFORD, CROTTY, WIRSING, FLOWERS, HOWARD, DART, WINTERS, LEITCH, SCHMITZ, HULTGREN, LYONS,EILEEN, MCKEON, JOHNSON, MCAULIFFE, FOWLER, BIGGINS, OSMOND, GARRETT, BRADY, YARBROUGH, KURTZ, WINKEL, PERSICO, CURRY,JULIE, LAWFER, LANG, NOVAK, MATHIAS, MCCARTHY, BRADLEY, BEAUBIEN, MEYER AND MILLER. Senate Sponsors: KARPIEL-PARKER-TROTTER-GEO-KARIS Short description: ABANDONED NEWBORN INFANT-NEW Synopsis of Bill as introduced: Creates the Abandoned Newborn Infant Protection Act. Provides procedures to be followed when a parent relinquishes a newborn infant to a hospital or other facility. Provides for the relinquishing parent's immunity from liability for abuse, neglect, or abandonment of the child based solely on the relinquishment of the child. Requires that the relinquishment of a child be reported to the Department of Children and Family Services State Central Registry. Provides for the transfer of a relinquished newborn infant to the custody of a child-placing agency or to DCFS. Requires DCFS to implement a media campaign to inform the public of the provisions of the Act. Amends the Illinois Public Aid Code to provide that a child relinquished in accordance with the Abandoned Newborn Infant Protection Act is eligible for TANF. Amends the Abused and Neglected Child Reporting Act and the Juvenile Court Act of 1987 to provide that a child shall not be considered abused or neglected for the sole reason that the child has been relinquished in accordance with the Abandoned Newborn Infant Protection Act. Amends the Adoption Act to provide that a person shall not be considered an unfit person for the sole reason that the person has relinquished a child in accordance with the Abandoned Newborn Infant Protection Act. Effective immediately. HOUSE AMENDMENT NO. 1. Adds reference to: 720 ILCS 5/12-21.5 720 ILCS 5/12-21.6 720 ILCS 130/2 In the Abandoned Newborn Infant Protection Act, deletes references to the legal guardian of an infant. Provides that in the case of a mother who gives birth to an infant in a hospital, "relinquish" also means 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. Provides for a relinquishing person's completion of forms concerning the Illinois Adoption Registry and the Medical Information Exchange. Provides that a relinquished newborn infant is eligible for medical assistance (rather than "assistance") under the Illinois Public Aid Code. Makes changes concerning a court's authority to hold a proceeding for termination of parental rights in abeyance. Amends the Criminal Code of 1961 and the Neglected Children Offense Act to provide that relinquishment of a newborn infant in accordance with the Abandoned Newborn Infant Protection Act is not an offense under provisions concerning child abandonment, endangering the life or health of a child, or contributing to the dependency and neglect of children. Makes other changes. HOUSE AMENDMENT NO. 2. Adds reference to: 705 ILCS 405/2-4 from Ch. 37, par. 802-4 Replaces everything after the enacting clause with substantially similar provisions. Changes from the bill as amended by H-am 1 include the following: (1) makes changes in the statement of public policy, including adding a statement regarding a public information campaign; (2) defines a "newborn infant" as a child believed to be 72 hours old or less (rather than 30 days old or less); (3) eliminates a presumption that a person relinquishing a newborn infant is not the infant's parent but relinquished the infant with the parent's knowledge and permission; (4) adds a provision for immunity of a facility and personnel in connection with a relinquished infant; (5) makes changes concerning the information that must be provided to a person relinquishing an infant; (6) requires DCFS to contact child-placing agencies on a rotating basis upon notification of the relinquishment of an infant (rather than requiring DCFS to provide the names of agenices on a rotating basis to hospitals reporting the relinquishment of an infant); (7) provides that there is no relinquishment if a parent returns to reclaim an infant within 72 hours after the infant's birth, and provides for genetic testing to confirm parentage; (8) requires DCFS to implement a public information program (instead of a media campaign); (9) requires DCFS to evaluate the effectiveness of the Abandoned Newborn Infant Protection Act in preventing injury or death of newborn infants; (10) further amends the Juvenile Court Act of 1987 to provide that a "dependent minor" includes a relinquished newborn infant for whom an adoptive family cannot be found for certain reasons; and (11) further amends the Adoption Act to provide that a relinquished newborn infant is considered to be available for adoption. Effective immediately. SENATE AMENDMENT NO. 1. Deletes reference to: 705 ILCS 405/2-4 Replaces everything after the enacting clause with substantially similar provisions. Creates the Abandoned Newborn Infant Protection Act and amends the Illinois Public Aid Code, the Abused and Neglected Child Reporting Act, the Juvenile Court Act of 1987, the Criminal Code of 1961, the Neglected Children Offense Act, and the Adoption Act. Changes from the bill as amended by H-am 2 include the following: (1) requires a hospital to perform tests that are appropriate in evaluating whether a relinquished newborn infant was abused or neglected; (2) requires hospital, fire station, or emergency medical facility personnel to verbally inform a relinquishing parent of the necessity of going to court to prevent termination of parental rights and regain custody; (3) requires a child-placing agency to file a petition for custody within 3 business days after assuming custody of a relinqusihed infant; (4) eliminates a provision concerning reclaiming a relinquished child within 72 hours after the infant's birth and genetic testing of the parent; and (5) eliminates amendatory provisions added to the Juvenile Court Act of 1987 concerning dependent minors. Effective immediately. Last action on Bill: PUBLIC ACT.............................. 92-0408 Last action date: AUG-17-2001 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 1 END OF INQUIRY Full Text Bill Status