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(325 ILCS 2/55)
Sec. 55. Petition for return of custody.
(a) A parent or person claiming to be a parent of a newborn infant relinquished
in accordance with this Act may petition for the return of custody of
the infant before the termination of parental
rights with respect to the infant.
(b) A parent of a newborn infant relinquished
in accordance with this Act may petition for the return of custody of
the infant by contacting the Department
for the purpose of obtaining the name of the child welfare agency with custody of the infant and the appropriate court in which the petition for return of custody of the infant must be filed, and then
filing
a petition for return of custody in the circuit court in which the
proceeding for the termination of parental rights is pending.
No filing fees or appearance fees shall be charged to any petitioner.
(c) (Blank).
(d) The circuit court may hold the proceeding for the termination of
parental rights in abeyance for a period not to exceed 60 days from the date
that the petition for return of custody was filed without a
showing of good cause. During that period:
(1) The court shall order genetic testing to |
| establish maternity or paternity, or both.
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(2) The Department shall conduct a child protective
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| investigation and home study to develop recommendations to the court.
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(3) When indicated as a result of the Department's
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| investigation and home study, further proceedings under the Juvenile Court Act of 1987 as the court determines appropriate, may be conducted. However, relinquishment of a newborn infant in accordance with this Act does not render the infant abused, neglected, or abandoned solely because the newborn infant was relinquished to a hospital, police station, fire station, or emergency medical facility in accordance with this Act.
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(4) The court shall appoint a guardian ad litem to
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| represent the interests of the infant.
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(e) Failure to file a petition for the return of custody of a
relinquished newborn infant before the termination
of parental rights
bars any future action asserting legal rights with respect to the
infant unless the parent's act
of relinquishment that led to the termination of parental rights
involved fraud perpetrated against and not stemming from or involving
the parent of the newborn infant. No
action to void or revoke the termination of parental rights of a parent
of a newborn infant relinquished in accordance with
this Act, including an action based on fraud, may be commenced after 12
months after the date that the newborn infant was initially
relinquished to a hospital, police station, fire station, or emergency
medical
facility.
(Source: P.A. 103-501, eff. 1-1-24.)
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