Public Act 094-0941
 		





SB2913 Enrolled
LRB094 19160 DRJ 54692 b






    AN ACT concerning children.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Abandoned Newborn Infant Protection Act is 
amended  by changing Sections 10 and 60 as follows:
 
    (325 ILCS 2/10)


    Sec. 10. Definitions.  In this Act:


    "Abandon" has the same meaning as in the Abused and 
Neglected
Child Reporting Act.


    "Abused child" has the same meaning as in the Abused and 
Neglected
Child Reporting Act.


    "Child-placing agency" means a licensed public or private 
agency
that receives a child for the purpose of placing or 
arranging
for the placement of the child in a foster family 
home or
other facility for child care, apart from the custody 
of the child's
parents.


    "Department" or "DCFS" means the Illinois Department of 
Children and
Family Services.


    "Emergency medical facility" means a freestanding 
emergency center or
trauma center, as defined in the Emergency 
Medical Services (EMS) Systems
Act.


    "Emergency medical professional" includes licensed 
physicians, and any
emergency medical technician-basic, 
emergency medical
technician-intermediate, emergency medical 
technician-paramedic,
trauma nurse specialist, and 
pre-hospital RN, as defined in the
Emergency Medical Services 
(EMS) Systems Act.


    "Fire station" means a fire station within the State that 
is staffed
with at least one full-time emergency medical 
professional.


    "Hospital" has the same meaning as in the Hospital 
Licensing Act.


    "Legal custody" means the relationship created by a court 
order in
the best interest of a newborn infant that imposes on 
the infant's custodian
the responsibility of physical 
possession of the infant, the duty to
protect, train, and 
discipline the infant, and the duty to provide the infant
with 
food,
shelter, education, and medical care, except as these are 
limited by
parental rights and responsibilities.


    "Neglected child" has the same meaning as in the Abused and

Neglected Child Reporting Act.


    "Newborn infant" means a child who a licensed physician 
reasonably
believes is 7 days
72 hours old or less at the time 
the child is
initially relinquished to a hospital, police 
station, fire station, or
emergency
medical facility, and who 
is not an abused or a neglected child.


    "Police station" means a municipal police station or a 
county sheriff's
office.


    "Relinquish" means to bring a newborn infant, who a

licensed physician reasonably believes is 7 days
72 hours old 
or less,
to a hospital, police station, fire station, or 
emergency medical facility
and
to leave the infant with 
personnel of the facility, if the person leaving the
infant 
does not express an intent to return for the
infant or states 
that he or she will not return for the infant.
In the case of a 
mother who gives birth to an infant in a hospital,
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 is not a 
"relinquishment" under
this Act.


    "Temporary protective custody" means the temporary 
placement of
a newborn infant within a hospital or other 
medical facility out of the
custody of the infant's parent.


(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; 
93-820, eff. 7-27-04.)

 



    (325 ILCS 2/60)



    Sec. 60. Department's duties. The Department must 
implement a
public information program to promote safe 
placement alternatives for newborn
infants. The public 
information program must inform the public of the
following:


        (1) The relinquishment alternative provided for in 
    this
Act, which results in the adoption of a newborn infant 
    under 7 days
72 hours of age
and which
provides for the 
    parent's
anonymity, if the parent so chooses.


        (2) The alternative of adoption
through a public or 
    private agency, in which the parent's identity may or may

    not be known to the agency, but is kept anonymous from the 
    adoptive parents, if
the birth parent so desires, and which 
    allows the parent to be actively
involved in the child's 
    adoption plan.

    The public information program may include, but
need
not be 
limited to, the
following elements:


        (i) Educational and informational materials in print, 
    audio, video,
electronic or other media.


        (ii) Establishment of a web site.


        (iii) Public service announcements and advertisements.


        (iv) Establishment of toll-free
telephone
hotlines to 
    provide information.

(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.