Public Act 097-0293
 
HB0106 EnrolledLRB097 02840 KTG 42862 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 Section 10 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 with 
at least one staff person.


    "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 30 days 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, a campus police department located on 
any college or university owned or controlled by the State or 
any private college or private university that is not owned or 
controlled by the State when employees of the campus police 
department are present, or any of the district headquarters of 
the Illinois State Police.


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

licensed physician reasonably believes is 30 days 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. 96-345, eff. 1-1-10.)

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