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(325 ILCS 2/50)
Sec. 50. Child welfare agency procedures.
(a) The Department's
State Central Registry must maintain a list of licensed child welfare
agencies willing to take legal custody of newborn infants relinquished
in accordance with this Act. The
child welfare agencies on the list must be contacted by the
Department on a rotating basis upon notice from a hospital
that a newborn infant has been
relinquished in accordance with this Act.
(b) Upon notice from the Department that a newborn infant has
been relinquished in accordance with this Act, a child welfare
agency must accept the newborn infant if the agency has the accommodations to
do
so. The
child welfare agency must seek an order for legal custody of the
infant upon its acceptance of the infant.
(c) Within 3 business days after accepting the referral from the Department,
the child welfare agency shall file a
petition
for custody in the division of the
circuit court in which petitions for adoption would normally be
heard. The petition for custody shall allege that the newborn infant has been relinquished
in accordance with this Act and shall request that the child welfare agency
be given the authority to place the infant in an adoptive home, foster home, child care facility, or other facility appropriate for the needs of the infant. No filing or appearance fees shall be charged to any petitioner.
(d) If no licensed child welfare agency is able to accept the
relinquished newborn infant, then the Department must assume
responsibility for the infant as soon as practicable.
(e) A custody order issued under subsection (b) shall grant the child welfare agency the authority to make medical and health-related decisions for the infant. The order shall remain in
effect until a final order based on the relinquished newborn
infant's best interests is issued in accordance with this Act and the Adoption
Act.
(f) When possible, the child welfare agency must place a
relinquished newborn infant in a prospective adoptive home.
(g) The Department or child welfare agency must initiate proceedings to (i)
terminate the parental rights of the relinquished newborn infant's
known or unknown parents, (ii) appoint a guardian for the infant, and
(iii) obtain consent to the infant's adoption in accordance with this
Act no sooner than 60 days following the date of the initial
relinquishment of the infant to the hospital, police station, fire station,
or
emergency medical facility.
(h) Before filing a petition for termination of parental
rights, the Department or child welfare agency must do the following:
(1) If the name of either the biological parent is |
| known, search the Illinois Putative Father Registry for the purpose of determining the identity and location of the putative father of the relinquished newborn infant who is, or is expected to be, the subject of an adoption proceeding, in order to provide notice of the proceeding to the putative father. At least one search of the Registry must be conducted, at least 30 days after the relinquished newborn infant's estimated date of birth; earlier searches may be conducted, however. Notice to any potential putative father discovered in a search of the Registry according to the estimated age of the relinquished newborn infant must be in accordance with the Code of Civil Procedure or Section 12a of the Adoption Act. If the names of all the alleged parents are unknown, then a search is not required under this Section.
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(2) Verify with the Department that, in accordance
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| with subsection (b) of Section 40, the relinquished newborn infant is not a missing child.
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(Source: P.A. 103-501, eff. 1-1-24.)
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