Rep. Elizabeth Coulson
Filed: 3/24/2009
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 3925




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    AMENDMENT NO. ______. Amend House Bill 3925 by replacing 
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everything after the enacting clause with the following:

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


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    Sec. 10. Definitions.  In this Act:


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


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


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


 


 






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


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


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


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


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


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


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

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Neglected Child Reporting Act.


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    "Newborn infant" means a child who a licensed physician 
 


 






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reasonably
believes is 30 7 days old or less at the time the 
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child is
initially relinquished to a hospital, police station, 
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fire station, or
emergency
medical facility, and who is not an 
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abused or a neglected child.


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


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

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licensed physician reasonably believes is 30 7 days old or 
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less,
to a hospital, police station, fire station, or emergency 
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medical facility
and
to leave the infant with personnel of the 
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facility, if the person leaving the
infant does not express an 
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intent to return for the
infant or states that he or she will 
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not return for the infant.
In the case of a mother who gives 
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birth to an infant in a hospital,
the mother's act of leaving 
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that newborn infant at the
hospital (i) without expressing an 
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intent to return for the infant or (ii)
stating that she will 
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not return for the infant is not a "relinquishment" under
this 
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Act.


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


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(Source: P.A. 93-820, eff. 7-27-04; 94-941, eff. 6-26-06.)".