HB4134 103RD GENERAL ASSEMBLY

LRB103 33823 KTG 63638 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4134

Introduced , by Rep. Kevin Schmidt

SYNOPSIS AS INTRODUCED:

325 ILCS 2/10
325 ILCS 2/20
325 ILCS 2/80 new

Amends the Abandoned Newborn Infant Protection Act. Adds maternity homes and pregnancy resource centers to the list of facilities that must accept a relinquished newborn infant in accordance with the Act. Expands the definition of "relinquish" to include bringing a newborn infant to a maternity home or pregnancy resource center or leaving an infant in a child rescue pod. Defines "maternity home", "pregnancy resource center", and "child pod". Provides that after a newborn infant is relinquished to a maternity home or pregnancy resource center, the facility must arrange for the transportation of the infant to the nearest hospital as soon as transportation can be arranged. Provides that the act of relinquishing a newborn infant serves as implied consent for the hospital to which the infant is transported and that hospital's medical personnel and physicians on staff to treat and provide care for the infant. Provides that if the parent of a newborn infant returns to the maternity home or pregnancy resource center to reclaim the infant within 72 hours after relinquishment, the maternity home or pregnancy resource center must inform the parent of the name or location of the hospital to which the infant was transported. Authorizes the Department of Children and Family Services to adopt all necessary rules for the administration of the Act, including rules governing specifications, installation, maintenance, and oversight of child rescue pods.

A BILL FOR

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 20 and by adding Section 80 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.

"Child rescue pod" means a medical device used to maintain an optimal environment for the care of a newborn infant.

"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, emergency medical technician-intermediate, advanced emergency medical technician, paramedic, trauma nurse specialist, and pre-hospital registered nurse, 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.

"Maternity home" means a residential facility located in this State that:

(1) is established to provide housing and assistance to pregnant women carrying their pregnancies to term;

(2) does not perform, induce, or refer for abortions;

(3) does not hold itself out as performing, inducing, or referring for abortions;

(4) provides services at no cost to clients; and

(5) is exempt from income taxation under the Internal Revenue Code of 1986, as amended.

"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, 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.

"Pregnancy resource center" means a nonresidential facility located in this State that:

(1) is established and operating primarily to provide assistance to women and families with crisis pregnancies or unplanned pregnancies by offering pregnancy testing, counseling, emotional and material support, or other similar services to encourage and assist such women and families in carrying their pregnancies to term;

(2) is not a facility where childbirths are performed;

(3) does not perform, induce, or refer for abortions;

(4) does not hold itself out as performing, inducing, or referring for abortions;

(5) provides direct client services at the facility, as opposed to merely providing counseling or referral services by telephone;

(6) provides its services at no cost to its clients;

(7) when providing medical services, performs such medical services in accordance with Illinois law; and

(8) is exempt from income taxation under the Internal Revenue Code of 1986, as amended.

"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, maternity home, or pregnancy resource center and to leave the infant with personnel of the facility or in a child rescue pod, 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. 97-293, eff. 8-11-11; 98-973, eff. 8-15-14.)

(325 ILCS 2/20)

Sec. 20. Procedures with respect to relinquished newborn infants.

(a) Hospitals. Every hospital must accept and provide all necessary emergency services and care to a relinquished newborn infant, in accordance with this Act. The hospital shall examine a relinquished newborn infant and perform tests that, based on reasonable medical judgment, are appropriate in evaluating whether the relinquished newborn infant was abused or neglected.

The act of relinquishing a newborn infant serves as implied consent for the hospital and its medical personnel and physicians on staff to treat and provide care for the infant.

The hospital shall be deemed to have temporary protective custody of a relinquished newborn infant until the infant is discharged to the custody of a child-placing agency or the Department.

(b) Fire stations and emergency medical facilities. Every fire station and emergency medical facility must accept and provide all necessary emergency services and care to a relinquished newborn infant, in accordance with this Act.

The act of relinquishing a newborn infant serves as implied consent for the fire station or emergency medical facility and its emergency medical professionals to treat and provide care for the infant, to the extent that those emergency medical professionals are trained to provide those services.

After the relinquishment of a newborn infant to a fire station or emergency medical facility, the fire station or emergency medical facility's personnel must arrange for the transportation of the infant to the nearest hospital as soon as transportation can be arranged.

If the parent of a newborn infant returns to reclaim the child within 72 hours after relinquishing the child to a fire station or emergency medical facility, the fire station or emergency medical facility must inform the parent of the name and location of the hospital to which the infant was transported.

(c) Police stations. Every police station must accept a relinquished newborn infant, in accordance with this Act. After the relinquishment of a newborn infant to a police station, the police station must arrange for the transportation of the infant to the nearest hospital as soon as transportation can be arranged. The act of relinquishing a newborn infant serves as implied consent for the hospital to which the infant is transported and that hospital's medical personnel and physicians on staff to treat and provide care for the infant.

If the parent of a newborn infant returns to reclaim the infant within 72 hours after relinquishing the infant to a police station, the police station must inform the parent of the name and location of the hospital to which the infant was transported.

(d) Maternity homes. Every maternity home must accept a relinquished newborn infant, in accordance with this Act. After the relinquishment of a newborn infant to a maternity home, the maternity home must arrange for the transportation of the infant to the nearest hospital as soon as transportation can be arranged. The act of relinquishing a newborn infant serves as implied consent for the hospital to which the infant is transported and that hospital's medical personnel and physicians on staff to treat and provide care for the infant.

If the parent of a newborn infant returns to reclaim the infant within 72 hours after relinquishing the infant to a maternity home, the maternity home must inform the parent of the name and location of the hospital to which the infant was transported.

(e) Pregnancy resource centers. Every pregnancy resource center must accept a relinquished newborn infant, in accordance with this Act. After the relinquishment of a newborn infant to a pregnancy resource center, the pregnancy resource center must arrange for the transportation of the infant to the nearest hospital as soon as transportation can be arranged. The act of relinquishing a newborn infant serves as implied consent for the hospital to which the infant is transported and that hospital's medical personnel and physicians on staff to treat and provide care for the infant.

If the parent of a newborn infant returns to reclaim the infant within 72 hours after relinquishing the infant to a pregnancy resource center, the pregnancy resource center must inform the parent of the name and location of the hospital to which the infant was transported.

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

(325 ILCS 2/80 new)

Sec. 80. Rulemaking. The Department may adopt all necessary rules for administration of this Act, including rules governing specifications, installation, maintenance, and oversight of child rescue pods.