Rep. Sara Feigenholtz

Filed: 3/23/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2816

2    AMENDMENT NO. ______. Amend House Bill 2816 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Abandoned Newborn Infant Protection Act is
5amended by changing Sections 10, 20, 35, 50, 60, and 65 and by
6adding Section 21 as follows:
 
7    (325 ILCS 2/10)
8    Sec. 10. Definitions. In this Act:
9    "Abandon" has the same meaning as in the Abused and
10Neglected Child Reporting Act.
11    "Abused child" has the same meaning as in the Abused and
12Neglected Child Reporting Act.
13    "Active labor" means the phase of labor coming after the
14early or latent phase of labor, which for most women occurs
15between 3 to 4 centimeters of dilation until 8 to 9 centimeters
16of dilation but can vary.

 

 

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1    "Child-placing agency" means a licensed public or private
2agency that receives a child for the purpose of placing or
3arranging for the placement of the child in a foster family
4home or other facility for child care, apart from the custody
5of the child's parents.
6    "Department" or "DCFS" means the Illinois Department of
7Children and Family Services.
8    "Emergency medical facility" means a freestanding
9emergency center or trauma center, as defined in the Emergency
10Medical Services (EMS) Systems Act.
11    "Emergency medical professional" includes licensed
12physicians, and any emergency medical technician, emergency
13medical technician-intermediate, advanced emergency medical
14technician, paramedic, trauma nurse specialist, and
15pre-hospital registered nurse, as defined in the Emergency
16Medical Services (EMS) Systems Act.
17    "Fire station" means a fire station within the State with
18at least one staff person.
19    "Foundling record" means the record required for infants of
20unknown parentage in Section 13 of the Vital Records Act.
21    "Hospital" has the same meaning as in the Hospital
22Licensing Act.
23    "Hospital birth" means (i) any birth that occurs after a
24mother has entered a hospital or emergency medical facility
25during active labor or any later phase of labor or (ii) any
26planned caesarean section occurring in a hospital or emergency

 

 

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1medical facility.
2    "Legal custody" means the relationship created by a court
3order in the best interest of a newborn infant that imposes on
4the infant's custodian the responsibility of physical
5possession of the infant, the duty to protect, train, and
6discipline the infant, and the duty to provide the infant with
7food, shelter, education, and medical care, except as these are
8limited by parental rights and responsibilities.
9    "Neglected child" has the same meaning as in the Abused and
10Neglected Child Reporting Act.
11    "Newborn infant" means a child who a licensed physician
12reasonably believes is 30 days old or less at the time the
13child is initially relinquished to a hospital, police station,
14fire station, or emergency medical facility, and who is not an
15abused or a neglected child.
16    "Police station" means a municipal police station, a county
17sheriff's office, a campus police department located on any
18college or university owned or controlled by the State or any
19private college or private university that is not owned or
20controlled by the State when employees of the campus police
21department are present, or any of the district headquarters of
22the Illinois State Police.
23    "Procedures for a hospital birth" means the procedures to
24be followed in Section 21 of this Act for infants born in a
25hospital birth.
26    "Relinquish" means to bring a newborn infant, who a

 

 

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1licensed physician reasonably believes is 30 days old or less,
2to a hospital, police station, fire station, or emergency
3medical facility and to leave the infant with personnel of the
4facility, if the person leaving the infant does not express an
5intent to return for the infant or states that he or she will
6not return for the infant. "Relinquish" shall not mean any
7attempt by the mother to leave the hospital after having a
8hospital birth, including In the case of a mother who gives
9birth to an infant in a hospital, the mother's act of leaving
10that newborn infant at the hospital (i) without expressing an
11intent to return for the infant or (ii) stating that she will
12not return for the infant. In the case of a hospital birth, the
13procedures for a hospital birth shall be followed. is not a
14"relinquishment" under this Act.
15    "Temporary protective custody" means the temporary
16placement of a newborn infant within a hospital or other
17medical facility out of the custody of the infant's parent.
18(Source: P.A. 97-293, eff. 8-11-11; 98-973, eff. 8-15-14.)
 
19    (325 ILCS 2/20)
20    Sec. 20. Procedures with respect to relinquished newborn
21infants.
22    (a) Hospitals. Every hospital must accept and provide all
23necessary emergency services and care to a relinquished newborn
24infant, in accordance with this Act. The hospital shall examine
25a relinquished newborn infant and perform tests that, based on

 

 

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1reasonable medical judgment, are appropriate in evaluating
2whether the relinquished newborn infant was abused or
3neglected.
4    The act of relinquishing a newborn infant serves as implied
5consent for the hospital and its medical personnel and
6physicians on staff to treat and provide care for the infant.
7    The hospital shall be deemed to have temporary protective
8custody of a relinquished newborn infant, including infants not
9born in a hospital birth that have been brought to a hospital
10after relinquishment at a fire station, police station, or
11emergency medical facility, until the infant is discharged to
12the custody of a child-placing agency or the Department. During
13this time of temporary protective custody, the hospital shall
14file the foundling record pursuant to Section 13 of the Vital
15Records Act.
16    (b) Fire stations, police stations, and emergency medical
17facilities. Every fire station, police station, and emergency
18medical facility must accept and provide all necessary
19emergency services and care to a relinquished newborn infant,
20in accordance with this Act.
21    The act of relinquishing a newborn infant serves as implied
22consent for the fire station, police station, or emergency
23medical facility and its emergency medical professionals to
24treat and provide care for the infant, to the extent that those
25emergency medical professionals are trained to provide those
26services.

 

 

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1    After the relinquishment of a newborn infant to a fire
2station, police station, or emergency medical facility, the
3fire station, police station, or emergency medical facility's
4personnel must arrange for the transportation of the infant to
5the nearest hospital as soon as transportation can be arranged.
6    If the parent of a newborn infant returns to reclaim the
7child within 72 hours after relinquishing the child to a fire
8station or emergency medical facility, the fire station or
9emergency medical facility must inform the parent of the name
10and location of the hospital to which the infant was
11transported.
12    (c) If a parent of a newborn infant or any other person
13returns to reclaim the infant after relinquishing the infant to
14a hospital, fire station, police station, or emergency medical
15facility, the hospital, fire station, police station, or
16emergency medical facility must provide the parent or person
17with the toll-free telephone number established by the
18Department for the sole purpose of receiving calls made
19pursuant to this Section and for providing the parent or person
20relinquishing the infant with the name of the hospital or
21licensed child placing agency to which the infant has been
22taken. The Department shall adopt rules necessary to create
23this toll-free telephone number within 120 days of the
24effective date of this amendatory Act of the 99th General
25Assembly, but the rules shall require that any call placed to
26the toll-free telephone number shall be returned within one

 

 

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1hour from the time the call was placed. The hospital, fire
2station, police station, or emergency medical facility shall
3also provide the parent or person contact information for the
4licensed child placing agency and the hospital which has
5custody of the infant, if known. Police stations. Every police
6station must accept a relinquished newborn infant, in
7accordance with this Act. After the relinquishment of a newborn
8infant to a police station, the police station must arrange for
9the transportation of the infant to the nearest hospital as
10soon as transportation can be arranged. The act of
11relinquishing a newborn infant serves as implied consent for
12the hospital to which the infant is transported and that
13hospital's medical personnel and physicians on staff to treat
14and provide care for the infant.
15    If the parent of a newborn infant returns to reclaim the
16infant within 72 hours after relinquishing the infant to a
17police station, the police station must inform the parent of
18the name and location of the hospital to which the infant was
19transported.
20(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
2193-820, eff. 7-27-04.)
 
22    (325 ILCS 2/21 new)
23    Sec. 21. Procedures for a hospital birth. In the case of a
24hospital birth, the Department or its agents or hospital
25personnel shall inform a birth mother of her rights,

 

 

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1responsibilities, and options, including, but not limited to:
2        (1) her option of making an adoption plan for the child
3    through a public or private agency, where counseling would
4    be provided at her option, and where her identity may or
5    may not be known to the agency; and
6        (2) her right to choose whether to share her identity
7    on the original birth certificate of the child, when the
8    child reaches the age of 21, by completing the Birth Parent
9    Preference Form pursuant to Section 18.2 of the Adoption
10    Act, and her right to change her mind about sharing her
11    identity throughout her lifetime.
 
12    (325 ILCS 2/35)
13    Sec. 35. Information for relinquishing person.
14    (a) A hospital, police station, fire station, or emergency
15medical facility that receives a newborn infant relinquished in
16accordance with this Act must offer an information packet to
17the relinquishing person and, if possible, must clearly inform
18the relinquishing person that his or her acceptance of the
19information is completely voluntary. The information packet
20must include all of the following:
21        (1) (Blank).
22        (1.5) Application forms for the Illinois Adoption
23    Registry and Medical Information Exchange.
24        (2) Written notice of the following:
25            (A) No sooner than 30 days following the date of No

 

 

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1        sooner than 60 days following the date of the initial
2        relinquishment of the infant to a hospital, police
3        station, fire station, or emergency medical facility,
4        the child-placing agency or the Department will
5        commence proceedings for the termination of parental
6        rights and placement of the infant for adoption.
7            (B) Failure of a parent of the infant to contact
8        the Department and petition for the return of custody
9        of the infant before termination of parental rights
10        bars any future action asserting legal rights with
11        respect to the infant.
12        (3) A resource list of providers of counseling services
13    including grief counseling, pregnancy counseling, and
14    counseling regarding adoption and other available options
15    for placement of the infant.
16    Upon request of a parent, the Department of Public Health
17shall provide the application forms for the Illinois Adoption
18Registry and Medical Information Exchange.
19    (b) The information packet given to a relinquishing parent
20in accordance with this Act shall include, in addition to other
21information required under this Act, the following:
22        (1) A brochure (with a self-mailer attached) that
23    describes this Act and the rights of birth parents,
24    including an optional section for the parent to complete
25    and mail to the Department of Children and Family Services,
26    that shall ask for basic anonymous background information

 

 

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1    about the relinquished child. This brochure shall be
2    maintained by the Department on its website.
3        (2) A brochure that describes the Illinois Adoption
4    Registry, including a toll-free number and website
5    information. This brochure shall be maintained on the
6    Office of Vital Records website.
7        (3) A brochure describing postpartum health
8    information for the mother.
9    The information packet shall be designed in coordination
10between the Office of Vital Records and the Department of
11Children and Family Services, with the exception of the
12resource list of providers of counseling services and adoption
13agencies, which shall be provided by the hospital, fire
14station, police station, sheriff's office, or emergency
15medical facility.
16(Source: P.A. 96-1114, eff. 7-20-10; 97-333, eff. 8-12-11.)
 
17    (325 ILCS 2/50)
18    Sec. 50. Child-placing agency procedures.
19    (a) The Department's State Central Registry must maintain a
20list of licensed child-placing agencies willing to take legal
21custody of newborn infants relinquished in accordance with this
22Act. The child-placing agencies on the list must be contacted
23by the Department on a rotating basis upon notice from a
24hospital that a newborn infant has been relinquished in
25accordance with this Act.

 

 

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1    (b) Upon notice from the Department that a newborn infant
2has been relinquished in accordance with this Act, a
3child-placing agency must accept the newborn infant if the
4agency has the accommodations to do so. The child-placing
5agency must seek an order for legal custody of the infant upon
6its acceptance of the infant.
7    (c) Within 3 business days after assuming physical custody
8of the infant, the child-placing agency shall file a petition
9in the division of the circuit court in which petitions for
10adoption would normally be heard. The petition shall allege
11that the newborn infant has been relinquished in accordance
12with this Act and shall state that the child-placing agency
13intends to place the infant in an adoptive home.
14    (d) If no licensed child-placing agency is able to accept
15the relinquished newborn infant, then the Department must
16assume responsibility for the infant as soon as practicable.
17    (e) A custody order issued under subsection (b) shall
18remain in effect until a final adoption order based on the
19relinquished newborn infant's best interests is issued in
20accordance with this Act and the Adoption Act.
21    (f) When possible, the child-placing agency must place a
22relinquished newborn infant in a prospective adoptive home.
23    (g) The Department or child-placing agency must initiate
24proceedings to (i) terminate the parental rights of the
25relinquished newborn infant's known or unknown parents, (ii)
26appoint a guardian for the infant, and (iii) obtain consent to

 

 

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1the infant's adoption in accordance with this Act no sooner
2than 30 days no sooner than 60 days following the date of the
3initial relinquishment of the infant to the hospital, police
4station, fire station, or emergency medical facility.
5    (g-5) No court order terminating the parental rights of the
6relinquished newborn infant's known or unknown parents shall be
7entered sooner than 60 days after the date of the initial
8relinquishment of the infant to the hospital, fire station,
9police station, or emergency medical facility.
10    (h) Before filing a petition for termination of parental
11rights, the Department or child-placing agency must do the
12following:
13        (1) Search its Putative Father Registry for the purpose
14    of determining the identity and location of the putative
15    father of the relinquished newborn infant who is, or is
16    expected to be, the subject of an adoption proceeding, in
17    order to provide notice of the proceeding to the putative
18    father. At least one search of the Registry must be
19    conducted, at least 30 days after the relinquished newborn
20    infant's estimated date of birth; earlier searches may be
21    conducted, however. Notice to any potential putative
22    father discovered in a search of the Registry according to
23    the estimated age of the relinquished newborn infant must
24    be in accordance with Section 12a of the Adoption Act.
25        (2) Verify with law enforcement officials, using the
26    National Crime Information Center, that the relinquished

 

 

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1    newborn infant is not a missing child.
2(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
393-820, eff. 7-27-04.)
 
4    (325 ILCS 2/60)
5    Sec. 60. Department's duties. The Department must
6implement a public information program to promote safe
7placement alternatives for newborn infants. The public
8information program must inform the public of the following:
9        (1) The relinquishment alternative provided for in
10    this Act, which results in the adoption of a newborn infant
11    under 30 7 days of age and which provides for the parent's
12    anonymity, if the parent so chooses.
13        (2) The procedures for a hospital birth provided in
14    Section 21 of this Act. The alternative of adoption through
15    a public or private agency, in which the parent's identity
16    may or may not be known to the agency, but is kept
17    anonymous from the adoptive parents, if the birth parent so
18    desires, and which allows the parent to be actively
19    involved in the child's adoption plan.
20    The public information program may include, but need not be
21limited to, the following elements:
22        (i) Educational and informational materials in print,
23    audio, video, electronic or other media.
24        (ii) Establishment of a web site.
25        (iii) Public service announcements and advertisements.

 

 

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1        (iv) Establishment of toll-free telephone hotlines to
2    provide information.
3(Source: P.A. 94-941, eff. 6-26-06.)
 
4    (325 ILCS 2/65)
5    Sec. 65. Evaluation.
6    (a) The Department shall collect and analyze information
7regarding the relinquishment of newborn infants and placement
8of children under this Act. Police stations, fire stations,
9emergency medical facilities, and medical professionals
10accepting and providing services to a newborn infant under this
11Act shall report to the Department data necessary for the
12Department to evaluate and determine the effect of this Act in
13the prevention of injury or death of newborn infants.
14Child-placing agencies shall report to the Department data
15necessary to evaluate and determine the effectiveness of these
16agencies in providing child protective and child welfare
17services to newborn infants relinquished under this Act.
18    (b) The information collected shall include, but need not
19be limited to: the number of newborn infants relinquished; the
20services provided to relinquished newborn infants; the outcome
21of care for the relinquished newborn infants; the number and
22disposition of cases of relinquished newborn infants subject to
23placement; the number of children accepted and served by each
24child-placing agency agencies; the name of each child-placing
25agency which provided services; the number of infants

 

 

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1relinquished at each location, listed by location, including
2the number of infants relinquished at a hospital, fire station,
3police station, and emergency medical facility; and the
4services provided by child-placing agencies and the
5disposition of the cases of the children placed under this Act.
6    (c) The Department shall submit a report by January 1,
72002, and on January 1 of each year thereafter, to the Governor
8and General Assembly regarding the prevention of injury or
9death of newborn infants and the effect of placements of
10children under this Act. The report shall include, but need not
11be limited to, a summary of collected data, an analysis of the
12data and conclusions regarding the Act's effectiveness, a
13determination whether the purposes of the Act are being
14achieved, and recommendations for changes that may be
15considered necessary to improve the administration and
16enforcement of this Act.
17(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
1893-820, eff. 7-27-04.)".