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1 | AN ACT concerning children.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Abandoned Newborn Infant Protection Act is | |||||||||||||||||||
5 | amended by changing Sections 10, 15, 20, 25, 27, 30, 35, 37, | |||||||||||||||||||
6 | 40, 50, 55, 60, and 65 as follows: | |||||||||||||||||||
7 | (325 ILCS 2/10)
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8 | Sec. 10. Definitions. In this Act:
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9 | "Abandon" has the same meaning as in the Abused and | |||||||||||||||||||
10 | Neglected
Child Reporting Act.
| |||||||||||||||||||
11 | "Abused child" has the same meaning as in the Abused and | |||||||||||||||||||
12 | Neglected
Child Reporting Act.
| |||||||||||||||||||
13 | " Child welfare agency Child-placing agency " means an | |||||||||||||||||||
14 | Illinois a licensed public or private agency
that receives a | |||||||||||||||||||
15 | child for the purpose of placing or arranging
for the | |||||||||||||||||||
16 | placement of the child in a foster family home or
other | |||||||||||||||||||
17 | facility for child care, apart from the custody of the child's
| |||||||||||||||||||
18 | parents.
| |||||||||||||||||||
19 | "Department" or "DCFS" means the Illinois Department of | |||||||||||||||||||
20 | Children and
Family Services.
| |||||||||||||||||||
21 | "Emergency medical facility" means a freestanding | |||||||||||||||||||
22 | emergency center or
trauma center, as defined in the Emergency | |||||||||||||||||||
23 | Medical Services (EMS) Systems
Act.
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| |||||||
1 | "Emergency medical professional" includes licensed | ||||||
2 | physicians, and any
emergency medical technician, emergency | ||||||
3 | medical
technician-intermediate, advanced emergency medical | ||||||
4 | technician, paramedic,
trauma nurse specialist, and | ||||||
5 | pre-hospital registered nurse, as defined in the
Emergency | ||||||
6 | Medical Services (EMS) Systems Act.
| ||||||
7 | "Fire station" means a fire station within the State with | ||||||
8 | at least one staff person.
| ||||||
9 | "First responder" means a member of law enforcement, a | ||||||
10 | staff member of a fire station, or an emergency medical | ||||||
11 | professional who is dispatched to respond to a 9-1-1 call from | ||||||
12 | a parent or a parent's representative who is unable or | ||||||
13 | unwilling to travel to a hospital, police station, fire | ||||||
14 | station, or emergency medical facility and who desires to | ||||||
15 | relinquish an infant under this Act. | ||||||
16 | "Hospital" has the same meaning as in the Hospital | ||||||
17 | Licensing Act.
| ||||||
18 | "Legal custody" means the relationship created by a court | ||||||
19 | order in
the best interest of a newborn infant that imposes on | ||||||
20 | the infant's custodian
the responsibility of physical | ||||||
21 | possession of the infant, the duty to
protect, train, and | ||||||
22 | discipline the infant, and the duty to provide the infant
with | ||||||
23 | food,
shelter, education, and medical care, except as these | ||||||
24 | are limited by
parental rights and responsibilities.
| ||||||
25 | "Neglected child" has the same meaning as in the Abused | ||||||
26 | and
Neglected Child Reporting Act.
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| |||||||
1 | "Newborn infant" means a child who a licensed physician | ||||||
2 | reasonably
believes is 30 days old or less at the time the | ||||||
3 | child is
initially relinquished to a hospital, police station, | ||||||
4 | fire station, or
emergency
medical facility, and who is not an | ||||||
5 | abused or a neglected child.
| ||||||
6 | "Parent" or "biological parent" means a person who has | ||||||
7 | established maternity or paternity of a newborn infant through | ||||||
8 | genetic testing. | ||||||
9 | "Police station" means a municipal police station, a | ||||||
10 | county sheriff's
office, a campus police department located on | ||||||
11 | any college or university owned or controlled by the State or | ||||||
12 | any private college or private university that is not owned or | ||||||
13 | controlled by the State when employees of the campus police | ||||||
14 | department are present, or any of the district headquarters of | ||||||
15 | the Illinois State Police.
| ||||||
16 | "Relinquish" means to bring a newborn infant, who a
| ||||||
17 | licensed physician reasonably believes is 30 days old or less,
| ||||||
18 | to a hospital, police station, fire station, or emergency | ||||||
19 | medical facility
and
to leave the infant with personnel of the | ||||||
20 | facility, if the person leaving the
infant does not express an | ||||||
21 | intent to return for the
infant or states that he or she will | ||||||
22 | not return for the infant.
If the person relinquishing the | ||||||
23 | infant is unable or unwilling to travel to a hospital, police | ||||||
24 | station, fire station, or emergency medical facility, the | ||||||
25 | person may dial 9-1-1 and the 9-1-1 operator who receives the | ||||||
26 | call shall dispatch a first responder to meet the person in |
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| |||||||
1 | order to accept the relinquishment of the infant and take the | ||||||
2 | infant into custody under this Act. In the case of a mother who | ||||||
3 | gives birth to an infant in a hospital,
the mother's act of | ||||||
4 | leaving that newborn infant at the
hospital (i) without | ||||||
5 | expressing an intent to return for the infant or (ii)
stating | ||||||
6 | that she will not return for the infant is not a | ||||||
7 | "relinquishment" under
this Act.
| ||||||
8 | "Temporary protective custody" means the temporary | ||||||
9 | placement of
a newborn infant within a hospital or other | ||||||
10 | medical facility out of the
custody of the infant's parent.
| ||||||
11 | (Source: P.A. 97-293, eff. 8-11-11; 98-973, eff. 8-15-14.)
| ||||||
12 | (325 ILCS 2/15)
| ||||||
13 | Sec. 15. Presumptions.
| ||||||
14 | (a) There is a presumption that by relinquishing a newborn | ||||||
15 | infant
in accordance with this Act, the infant's parent
| ||||||
16 | consents to the termination of his or her
parental rights with | ||||||
17 | respect to the infant and therefore waives notice of any legal | ||||||
18 | proceeding to terminate his or her parental rights .
| ||||||
19 | (b) There is a presumption that a person relinquishing a | ||||||
20 | newborn
infant in accordance with this Act:
| ||||||
21 | (1) is the newborn infant's biological parent; and
| ||||||
22 | (2) either without expressing an intent to return for | ||||||
23 | the
infant or expressing an intent not to return for the | ||||||
24 | infant,
did intend to relinquish the infant to the | ||||||
25 | hospital, police station, fire
station, or emergency |
| |||||||
| |||||||
1 | medical facility , or to a first responder dispatched to | ||||||
2 | accept the relinquished infant in response to a 9-1-1 | ||||||
3 | call, to treat, care for, and
provide for the infant in | ||||||
4 | accordance with this
Act.
| ||||||
5 | (c) A parent of a relinquished newborn infant
may rebut | ||||||
6 | the presumption set forth in either subsection (a) or
| ||||||
7 | subsection (b) pursuant to Section 55, at any time before the | ||||||
8 | termination of
the parent's
parental rights.
| ||||||
9 | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | ||||||
10 | 93-820, eff. 7-27-04 .)
| ||||||
11 | (325 ILCS 2/20)
| ||||||
12 | Sec. 20. Procedures with respect to relinquished newborn
| ||||||
13 | infants.
| ||||||
14 | (a) Hospitals. Every hospital must accept and
provide all | ||||||
15 | necessary emergency services and care to a relinquished
| ||||||
16 | newborn infant, in accordance with this Act.
The hospital | ||||||
17 | shall examine a relinquished newborn infant and perform tests
| ||||||
18 | that, based on reasonable medical judgment, are appropriate in | ||||||
19 | evaluating
whether the relinquished newborn infant was abused | ||||||
20 | or neglected.
| ||||||
21 | The act of relinquishing a newborn infant serves as | ||||||
22 | implied
consent for the hospital and its medical personnel and | ||||||
23 | physicians on
staff to treat and provide care for the
infant.
| ||||||
24 | The hospital shall complete and submit an application for | ||||||
25 | medical assistance provided under Article V of the Illinois |
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| |||||||
1 | Public Aid Code on behalf of the infant and shall provide all | ||||||
2 | available medical information and records regarding the infant | ||||||
3 | to the Department and the child welfare agency that has | ||||||
4 | accepted the referral of the infant pursuant to Section 50. | ||||||
5 | The hospital shall be deemed to have temporary protective | ||||||
6 | custody of a
relinquished newborn
infant until the infant is | ||||||
7 | discharged to the custody of a
child welfare agency | ||||||
8 | child-placing agency or the Department.
| ||||||
9 | (b) Fire stations and emergency medical facilities. Every | ||||||
10 | fire
station and emergency medical facility must accept and
| ||||||
11 | provide all necessary emergency services and care to a | ||||||
12 | relinquished
newborn infant, in accordance with this Act.
| ||||||
13 | The act of relinquishing a newborn infant serves as | ||||||
14 | implied
consent for the fire station or emergency medical | ||||||
15 | facility and
its emergency medical professionals to treat and | ||||||
16 | provide care for the
infant, to the extent that those | ||||||
17 | emergency medical professionals are trained
to
provide those | ||||||
18 | services.
| ||||||
19 | After the relinquishment of a newborn infant to a fire | ||||||
20 | station or
emergency medical facility, the fire station or | ||||||
21 | emergency medical
facility's personnel must arrange for the | ||||||
22 | transportation of the
infant to the nearest hospital as soon | ||||||
23 | as
transportation can be arranged.
| ||||||
24 | If the person who relinquished parent of a newborn infant , | ||||||
25 | or a person claiming to be the parent of the infant, returns to | ||||||
26 | reclaim the infant within 30 days after the infant was |
| |||||||
| |||||||
1 | relinquished
child within 72 hours after relinquishing the | ||||||
2 | child to a fire station or
emergency
medical facility, the | ||||||
3 | fire station or emergency medical facility must inform such | ||||||
4 | person
the parent of the name and location of the hospital to | ||||||
5 | which the infant was
transported.
| ||||||
6 | (c) Police stations. Every police station must accept a | ||||||
7 | relinquished
newborn
infant, in accordance with this Act. | ||||||
8 | After the relinquishment of a newborn
infant to a
police | ||||||
9 | station, the police station must arrange for the | ||||||
10 | transportation of the
infant to the
nearest hospital as soon | ||||||
11 | as transportation can be arranged.
The act of relinquishing a
| ||||||
12 | newborn infant serves as implied consent for the hospital to | ||||||
13 | which the infant
is
transported and that hospital's medical | ||||||
14 | personnel and physicians on staff to
treat and
provide care | ||||||
15 | for the infant.
| ||||||
16 | If the person who relinquished parent of a newborn infant , | ||||||
17 | or a person claiming to be the parent of the infant, returns to | ||||||
18 | reclaim the infant within 30 days after 72
hours after
| ||||||
19 | relinquishing the infant was relinquished to a police station,
| ||||||
20 | the police station must inform such person the parent of the
| ||||||
21 | name and location of the hospital to which the infant was | ||||||
22 | transported.
| ||||||
23 | (d) First responders dispatched in response to a 9-1-1 | ||||||
24 | call to accept a relinquished newborn infant must accept the | ||||||
25 | relinquished newborn infant in accordance with this Act. After | ||||||
26 | the relinquishment of a newborn infant to a first responder, |
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| |||||||
1 | the first responder must arrange for the transportation of the | ||||||
2 | infant to the nearest hospital as soon as transportation can | ||||||
3 | be arranged and must inform the relinquishing person of the | ||||||
4 | name of the hospital and the Department's contact number. The | ||||||
5 | act of relinquishing a newborn infant serves as implied | ||||||
6 | consent for the hospital to which the infant is transported | ||||||
7 | and that hospital's medical personnel and physicians on staff | ||||||
8 | to treat and provide care for the infant. | ||||||
9 | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | ||||||
10 | 93-820, eff. 7-27-04 .)
| ||||||
11 | (325 ILCS 2/25)
| ||||||
12 | Sec. 25. Immunity for relinquishing person.
| ||||||
13 | (a) The act of relinquishing a newborn infant to a | ||||||
14 | hospital, police
station, fire
station, or emergency medical | ||||||
15 | facility or to a first responder dispatched in response to a | ||||||
16 | 9-1-1 call in accordance with this Act
does not, by itself, | ||||||
17 | constitute a basis for a finding of abuse,
neglect, or | ||||||
18 | abandonment of the infant pursuant to the laws of this State | ||||||
19 | nor
does it, by itself, constitute a violation of Section | ||||||
20 | 12C-5 or 12C-10 of the
Criminal Code of 2012.
| ||||||
21 | (b) If there is suspected child abuse or neglect
that is | ||||||
22 | not based solely on the newborn infant's relinquishment to a
| ||||||
23 | hospital, police station, fire station, or emergency medical | ||||||
24 | facility, or to a first responder dispatched in response to a | ||||||
25 | 9-1-1 call in accordance with this Act, the first responder or |
| |||||||
| |||||||
1 | the
personnel
of the hospital, police station, fire station, | ||||||
2 | or emergency medical
facility who are
mandated reporters under | ||||||
3 | the Abused and Neglected Child Reporting Act must
report the | ||||||
4 | abuse or neglect pursuant to that Act.
| ||||||
5 | (c) Neither a child protective investigation nor a | ||||||
6 | criminal
investigation may be initiated solely because a | ||||||
7 | newborn infant is
relinquished pursuant to this Act.
| ||||||
8 | (Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
9 | (325 ILCS 2/27)
| ||||||
10 | Sec. 27. Immunity of facility and personnel.
A hospital, | ||||||
11 | police station, fire station, or emergency medical facility,
| ||||||
12 | or a first responder dispatched in response to a 9-1-1 call in | ||||||
13 | accordance with this Act, and
any personnel of a hospital, | ||||||
14 | police station, fire station, or emergency
medical facility, | ||||||
15 | are
immune
from criminal or civil liability for acting in good | ||||||
16 | faith in accordance with
this Act.
Nothing in this Act limits | ||||||
17 | liability for negligence for care and
medical treatment.
| ||||||
18 | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | ||||||
19 | 93-820, eff. 7-27-04 .)
| ||||||
20 | (325 ILCS 2/30)
| ||||||
21 | Sec. 30. Anonymity of relinquishing person.
If there is | ||||||
22 | no evidence of abuse or neglect of a
relinquished newborn | ||||||
23 | infant, the relinquishing person has the right to
remain | ||||||
24 | anonymous and to leave the hospital, police station, fire |
| |||||||
| |||||||
1 | station,
or emergency
medical facility at any time and not be | ||||||
2 | pursued or followed. Before the
relinquishing person leaves | ||||||
3 | the hospital, police station, fire station, or
emergency | ||||||
4 | medical
facility, or after the relinquishing person | ||||||
5 | relinquishes the infant to a first responder dispatched in | ||||||
6 | response to a 9-1-1 call, the hospital, police station, fire | ||||||
7 | station, or emergency medical
facility personnel , or first | ||||||
8 | responder
shall (i) verbally inform the relinquishing person | ||||||
9 | that by
relinquishing the
child anonymously, he or she will | ||||||
10 | have to petition the court if he or she
desires to prevent the | ||||||
11 | termination of parental rights and regain custody of the
child | ||||||
12 | and (ii) shall offer the relinquishing person the information
| ||||||
13 | packet
described in Section 35 of this Act.
However, nothing | ||||||
14 | in this Act shall be construed as precluding the
relinquishing | ||||||
15 | person from providing his or her identity or completing the
| ||||||
16 | application forms for the Illinois Adoption Registry and | ||||||
17 | Medical Information
Exchange and requesting that the hospital, | ||||||
18 | police station, fire station, or
emergency medical
facility , | ||||||
19 | or first responder forward those forms to the Illinois | ||||||
20 | Adoption Registry and Medical
Information Exchange.
| ||||||
21 | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | ||||||
22 | 93-820, eff. 7-27-04 .)
| ||||||
23 | (325 ILCS 2/35)
| ||||||
24 | Sec. 35. Information for relinquishing person. | ||||||
25 | (a) If possible, the A hospital, police
station, fire |
| |||||||
| |||||||
1 | station,
or emergency
medical facility , or the first responder | ||||||
2 | dispatched in response to a 9-1-1 call, that receives a | ||||||
3 | newborn infant relinquished in accordance with
this
Act must | ||||||
4 | offer information about the relinquishment process to an | ||||||
5 | information packet to the relinquishing person and, if
| ||||||
6 | possible, must clearly inform the relinquishing person , either | ||||||
7 | in writing or by referring such person to a website or other | ||||||
8 | electronic resource. Such information shall clearly state that | ||||||
9 | his or her
acceptance of the
information is completely | ||||||
10 | voluntary. The
information packet must include all of
the | ||||||
11 | following:
| ||||||
12 | (1) (Blank).
| ||||||
13 | (2) Written notice of the following:
| ||||||
14 | (A) No sooner than 30 60 days following the date of | ||||||
15 | the
initial relinquishment of the infant to a | ||||||
16 | hospital, police station,
fire station, or emergency | ||||||
17 | medical facility, or to a first responder dispatched | ||||||
18 | in response to a 9-1-1 call, the court may enter an | ||||||
19 | order terminating parental rights without notice to | ||||||
20 | the parents of the infant the child-placing agency or | ||||||
21 | the
Department will
commence proceedings for the | ||||||
22 | termination of
parental rights and placement of the | ||||||
23 | infant for
adoption .
| ||||||
24 | (B) Failure of a parent of the
infant to contact | ||||||
25 | the Department and
petition for the return of custody | ||||||
26 | of the
infant before termination of parental rights
|
| |||||||
| |||||||
1 | bars any future action asserting legal rights
with | ||||||
2 | respect to the infant.
| ||||||
3 | (3) A resource list of providers of counseling
| ||||||
4 | services including grief counseling, pregnancy counseling, | ||||||
5 | and
counseling regarding adoption and other available | ||||||
6 | options for placement of the
infant.
| ||||||
7 | Upon request of a parent, the Department of Public Health | ||||||
8 | shall provide the
application forms for the Illinois Adoption | ||||||
9 | Registry and Medical Information
Exchange.
| ||||||
10 | (b) The information offered packet given to a | ||||||
11 | relinquishing person parent in accordance with this Act shall | ||||||
12 | include, in addition to other information required under this | ||||||
13 | Act, the following: | ||||||
14 | (1) Information A brochure (with a self-mailer | ||||||
15 | attached) that describes this Act and the rights of birth | ||||||
16 | parents, including an option optional section for the | ||||||
17 | parent to complete and mail to the Department of Children | ||||||
18 | and Family Services a form that , that shall ask for basic | ||||||
19 | anonymous background information about the relinquished | ||||||
20 | child. This form brochure shall be maintained by the | ||||||
21 | Department on its website. | ||||||
22 | (2) Information about A brochure that describes the | ||||||
23 | Illinois Adoption Registry, including a toll-free number | ||||||
24 | and website information. This brochure shall be maintained | ||||||
25 | on the Office of Vital Records website. | ||||||
26 | (3) Information about a mother's A brochure describing |
| |||||||
| |||||||
1 | postpartum health information for the mother . | ||||||
2 | The information provided in writing or through electronic | ||||||
3 | means packet shall be designed in coordination between the | ||||||
4 | Office of Vital Records and the Department of Children and | ||||||
5 | Family Services, with the exception of the resource list of | ||||||
6 | providers of counseling services and adoption agencies, which | ||||||
7 | shall be provided by the hospital, fire station, police | ||||||
8 | station, sheriff's office, or emergency medical facility. | ||||||
9 | (Source: P.A. 96-1114, eff. 7-20-10; 97-333, eff. 8-12-11.)
| ||||||
10 | (325 ILCS 2/37) | ||||||
11 | Sec. 37. Public disclosure of information prohibited. | ||||||
12 | Emergency medical professionals, first responders, employees, | ||||||
13 | or other persons engaged in the administration or operation of | ||||||
14 | a fire station, police station, hospital, emergency medical | ||||||
15 | facility, child welfare agency child placing agency , or the | ||||||
16 | Department where a newborn infant baby has been relinquished | ||||||
17 | or transferred under this Act, are prohibited from publicly | ||||||
18 | disclosing any information concerning the relinquishment of | ||||||
19 | the infant and the individuals involved, except as otherwise | ||||||
20 | provided by law.
| ||||||
21 | (Source: P.A. 95-549, eff. 6-1-08 .) | ||||||
22 | (325 ILCS 2/40)
| ||||||
23 | Sec. 40. Reporting requirements.
| ||||||
24 | (a) Within 12 hours after accepting a newborn infant
from |
| |||||||
| |||||||
1 | a relinquishing person or from a police station, fire station, | ||||||
2 | or
emergency medical
facility , or first responder in | ||||||
3 | accordance with this Act, a hospital must report to the
| ||||||
4 | Department's State Central Registry for the purpose of | ||||||
5 | transferring
physical custody of the infant from the hospital | ||||||
6 | to either a
child welfare agency child-placing agency or the | ||||||
7 | Department.
| ||||||
8 | (b) Within 24 hours after receiving a report under | ||||||
9 | subsection (a), the
Department must request assistance from | ||||||
10 | law enforcement
officials to investigate the matter using the | ||||||
11 | National Crime Information Center
to ensure that the | ||||||
12 | relinquished newborn infant is not a missing
child.
| ||||||
13 | (c) Once a hospital has made a report to the Department
| ||||||
14 | under subsection (a), the
Department must
arrange for
a | ||||||
15 | licensed child welfare agency child-placing agency to accept | ||||||
16 | physical custody of the relinquished
newborn infant.
| ||||||
17 | (d) If a relinquished child is not a newborn infant as | ||||||
18 | defined
in this Act, the hospital and the Department must | ||||||
19 | proceed as if the child is an
abused or neglected child.
| ||||||
20 | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | ||||||
21 | 93-820, eff. 7-27-04 .)
| ||||||
22 | (325 ILCS 2/50)
| ||||||
23 | Sec. 50. Child welfare agency Child-placing agency | ||||||
24 | procedures.
| ||||||
25 | (a) The Department's
State Central Registry must maintain |
| |||||||
| |||||||
1 | a list of licensed child welfare agencies child-placing
| ||||||
2 | agencies willing to take legal custody of newborn infants | ||||||
3 | relinquished
in accordance with this Act. The
child welfare | ||||||
4 | agencies child-placing agencies on the list must be contacted | ||||||
5 | by the
Department on a rotating basis upon notice from a | ||||||
6 | hospital
that a newborn infant has been
relinquished in | ||||||
7 | accordance with this Act.
| ||||||
8 | (b) Upon notice from the Department that a newborn infant | ||||||
9 | has
been relinquished in accordance with this Act, a child | ||||||
10 | welfare agency child-placing
agency must accept the newborn | ||||||
11 | infant if the agency has the accommodations to
do
so. The
child | ||||||
12 | welfare agency child-placing agency must seek an order for | ||||||
13 | legal custody of the
infant upon its acceptance of the infant.
| ||||||
14 | (c) Within 3 business days after accepting the referral | ||||||
15 | from the Department, the child welfare agency assuming | ||||||
16 | physical custody of the infant,
the child-placing agency shall | ||||||
17 | file a
petition
in the division of the
circuit court in which | ||||||
18 | petitions for adoption would normally be
heard. There shall be | ||||||
19 | no filing fee charged by the clerk of any court for the filing | ||||||
20 | of this petition. The infant shall be referred to as "Baby Girl | ||||||
21 | Doe" or "Baby Boy Doe" in all pleadings, notwithstanding | ||||||
22 | actual knowledge of the infant's name or of the names of the | ||||||
23 | infant's parents, in order to preserve the confidentiality of | ||||||
24 | the relinquishing parent or parents and the expectation of | ||||||
25 | anonymity consistent with the purposes of this Act. The | ||||||
26 | petition shall allege that the newborn infant has been |
| |||||||
| |||||||
1 | relinquished
in accordance with this Act and shall request | ||||||
2 | state that the child welfare agency be given the authority | ||||||
3 | child-placing agency
intends to place the infant in an | ||||||
4 | adoptive home , foster home, child care facility, or other | ||||||
5 | facility appropriate for the needs of the infant .
| ||||||
6 | (d) If no licensed child welfare agency child-placing | ||||||
7 | agency is able to accept the
relinquished newborn infant, then | ||||||
8 | the Department must assume
responsibility for the infant as | ||||||
9 | soon as practicable.
| ||||||
10 | (e) A custody order issued under subsection (b) shall | ||||||
11 | grant the child welfare agency the authority to make medical | ||||||
12 | and health-related decisions for the infant. The order shall | ||||||
13 | remain in
effect until a final adoption order based on the | ||||||
14 | relinquished newborn
infant's best interests is issued in | ||||||
15 | accordance with this Act and the Adoption
Act.
| ||||||
16 | (f) When possible, the child welfare agency child-placing | ||||||
17 | agency must place a
relinquished newborn infant in a | ||||||
18 | prospective adoptive home.
| ||||||
19 | (g) An order terminating the parental rights of the | ||||||
20 | biological parents of the infant and appointing a guardian of | ||||||
21 | the infant with authority to consent to the adoption may be | ||||||
22 | entered The Department or child-placing agency must initiate | ||||||
23 | proceedings to (i)
terminate the parental rights of the | ||||||
24 | relinquished newborn infant's
known or unknown parents, (ii) | ||||||
25 | appoint a guardian for the infant, and
(iii) obtain consent to | ||||||
26 | the infant's adoption in accordance with this
Act no sooner |
| |||||||
| |||||||
1 | than 30 60 days following the date of the initial
| ||||||
2 | relinquishment of the infant to the hospital, police station, | ||||||
3 | fire station,
or
emergency medical facility.
| ||||||
4 | (g-1) Notice to the infant's biological parents of the | ||||||
5 | legal proceedings under this Act shall be given by publication | ||||||
6 | of a notice in a newspaper published in the county in which the | ||||||
7 | action is pending, or if there is no newspaper published in | ||||||
8 | that county, then in a newspaper published in an adjoining | ||||||
9 | county having a circulation in the county in which the action | ||||||
10 | is pending. The form to be used for publication shall be | ||||||
11 | substantially as follows: | ||||||
12 | "ABANDONED NEWBORN NOTICE – STATE OF ILLINOIS, County of | ||||||
13 | ...., ss,--Circuit Court of ...... County, In the matter of | ||||||
14 | the Abandonment of BABY (GIRL/BOY) DOE, a newborn infant, Case | ||||||
15 | Number .......... To THE UNKNOWN MOTHER, UNKNOWN FATHER and | ||||||
16 | ALL WHOM IT MAY CONCERN: Take notice that a Petition was filed | ||||||
17 | in the Circuit Court of ........ County, Illinois, for an | ||||||
18 | unnamed child, referred to as BABY (GIRL/BOY) DOE, born on or | ||||||
19 | about ......, and relinquished to ............. on or about | ||||||
20 | ..........., pursuant to the Abandoned Newborn Infant | ||||||
21 | Protection Act. Now therefore, unless you UNKNOWN MOTHER, | ||||||
22 | UNKNOWN FATHER and ALL WHOM IT MAY CONCERN, file your petition | ||||||
23 | for return of custody in the said Circuit Court of .... County, | ||||||
24 | ..............., in the city of .........., Illinois, on or | ||||||
25 | before .........., an order terminating your parental rights | ||||||
26 | may be entered against you any time after that day and a |
| |||||||
| |||||||
1 | judgment may be entered in accordance with the Petition. | ||||||
2 | (E-filing instructions, Contact information for the attorney | ||||||
3 | for the petition)" | ||||||
4 | If known, the name of the relinquishing person, the name | ||||||
5 | of an alleged parent, or the name of the child shall not be | ||||||
6 | included in the publication notice. | ||||||
7 | Due to the expectation of privacy and anonymity and the | ||||||
8 | presumption that the infant's parents have consented to the | ||||||
9 | termination of their parental rights, no further notice is | ||||||
10 | required unless a person claiming to be the infant's parent | ||||||
11 | files a petition in accordance with Section 55 or a possible | ||||||
12 | parent is discovered as a result of the required procedures in | ||||||
13 | subsection (h). | ||||||
14 | (h) Before requesting an order filing a petition for | ||||||
15 | termination of parental
rights, the Department or child | ||||||
16 | welfare agency child-placing agency must do the following:
| ||||||
17 | (1) If the name of either biological parent is known, | ||||||
18 | search the Illinois Search its Putative Father Registry | ||||||
19 | for the purpose of
determining the identity and location | ||||||
20 | of the putative father of
the relinquished newborn infant | ||||||
21 | who is, or is expected to be, the
subject of an adoption | ||||||
22 | proceeding, in order to provide notice of
the proceeding | ||||||
23 | to the putative father. At least one search of the
| ||||||
24 | Registry must be conducted, at least 30 days after the
| ||||||
25 | relinquished newborn infant's estimated date of birth; | ||||||
26 | earlier
searches may be conducted, however. Notice to any |
| |||||||
| |||||||
1 | potential
putative father discovered in a search of the | ||||||
2 | Registry according
to the estimated age of the | ||||||
3 | relinquished newborn infant must be
in accordance with the | ||||||
4 | Code of Civil Procedure or Section 12a of the Adoption | ||||||
5 | Act.
If the names of both parents are unknown, then a | ||||||
6 | search is not required under this Section.
| ||||||
7 | (2) Verify with the Department that, in accordance | ||||||
8 | with subsection (b) of Section 40, that law enforcement | ||||||
9 | officials, using the National Crime
Information Center,
| ||||||
10 | that the relinquished newborn infant is not a missing | ||||||
11 | child. | ||||||
12 | (3) Publish notice in accordance with subsection | ||||||
13 | (g-1).
| ||||||
14 | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | ||||||
15 | 93-820, eff. 7-27-04 .)
| ||||||
16 | (325 ILCS 2/55)
| ||||||
17 | Sec. 55. Petition for return of custody.
| ||||||
18 | (a) A parent or person claiming to be a possible parent of | ||||||
19 | a newborn infant relinquished
in accordance with this Act may | ||||||
20 | petition for the return of custody of
the infant before the | ||||||
21 | termination of parental
rights with respect to the infant.
| ||||||
22 | (b) A parent of a newborn infant relinquished
in | ||||||
23 | accordance with this Act may petition for the return of | ||||||
24 | custody of
the infant by contacting the Department
for the | ||||||
25 | purpose of obtaining the name of the child welfare agency |
| |||||||
| |||||||
1 | child-placing agency that has custody of the infant and the | ||||||
2 | appropriate court in which the petition of return of custody | ||||||
3 | of the infant must be filed and then
filing
a petition for | ||||||
4 | return of custody in the circuit court in which the
proceeding | ||||||
5 | for the termination of parental rights is pending.
| ||||||
6 | (c) (Blank). If a petition for the termination of parental | ||||||
7 | rights has not
been filed by the Department or the | ||||||
8 | child-placing agency, the parent of the
relinquished newborn | ||||||
9 | infant must contact the Department, which must
notify the | ||||||
10 | parent of the appropriate court in which
the petition for | ||||||
11 | return of custody must be filed.
| ||||||
12 | (d) The circuit court may hold the proceeding for the | ||||||
13 | termination of
parental rights in abeyance for a period not to | ||||||
14 | exceed 60 days from the date
that the petition for return of | ||||||
15 | custody was filed without a
showing of good cause. During that | ||||||
16 | period:
| ||||||
17 | (1) The court shall order genetic testing to establish | ||||||
18 | maternity
or
paternity, or both.
| ||||||
19 | (2) The Department shall conduct a child protective | ||||||
20 | investigation and home
study to develop recommendations to | ||||||
21 | the court.
| ||||||
22 | (3) When indicated as a result of the Department's | ||||||
23 | investigation and home
study, further proceedings under | ||||||
24 | the Juvenile Court Act of 1987 as the court
determines | ||||||
25 | appropriate, may be conducted. However,
relinquishment of
| ||||||
26 | a newborn infant
in accordance with this Act does not |
| |||||||
| |||||||
1 | render the infant abused,
neglected, or abandoned solely | ||||||
2 | because the newborn infant was relinquished to a
hospital, | ||||||
3 | police station, fire station, or emergency medical | ||||||
4 | facility in
accordance with this
Act. | ||||||
5 | (4) The court shall appoint a guardian ad litem to | ||||||
6 | represent the interests of the newborn infant.
| ||||||
7 | (e) Failure to file a petition for the return of custody of | ||||||
8 | a
relinquished newborn infant before the termination
of | ||||||
9 | parental rights
bars any future action asserting legal rights | ||||||
10 | with respect to the
infant unless the parent's act
of | ||||||
11 | relinquishment that led to the termination of parental rights
| ||||||
12 | involved fraud perpetrated against and not stemming from or | ||||||
13 | involving
the parent. No
action to void or revoke the | ||||||
14 | termination of parental rights of a parent
of a newborn infant | ||||||
15 | relinquished in accordance with
this Act, including an action | ||||||
16 | based on fraud, may be commenced after 12
months after the date | ||||||
17 | that the newborn infant was initially
relinquished to a | ||||||
18 | hospital, police station, fire station, or emergency
medical
| ||||||
19 | facility.
| ||||||
20 | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | ||||||
21 | 93-820, eff. 7-27-04 .)
| ||||||
22 | (325 ILCS 2/60)
| ||||||
23 | Sec. 60. Department's duties. The Department must | ||||||
24 | implement a
public information program to promote safe | ||||||
25 | placement alternatives for newborn
infants. The public |
| |||||||
| |||||||
1 | information program must inform the public of the
following:
| ||||||
2 | (1) The relinquishment alternative provided for in | ||||||
3 | this
Act, which results in the adoption of a relinquished | ||||||
4 | newborn infant under 30 7 days of age
and which
provides | ||||||
5 | for the parent's
anonymity, if the parent so chooses.
| ||||||
6 | (2) The alternative of adoption
through a public or | ||||||
7 | private agency, in which the parent's identity may or may
| ||||||
8 | not be known to the agency, but is kept anonymous from the | ||||||
9 | adoptive parents, if
the birth parent so desires, and | ||||||
10 | which allows the parent to be actively
involved in the | ||||||
11 | child's adoption plan.
| ||||||
12 | The public information program may include, but
need
not | ||||||
13 | be limited to, the
following elements:
| ||||||
14 | (i) Educational and informational materials in print, | ||||||
15 | audio, video,
electronic or other media.
| ||||||
16 | (ii) Establishment of a website web site .
| ||||||
17 | (iii) Public service announcements and advertisements.
| ||||||
18 | (iv) Establishment of toll-free
telephone
hotlines to | ||||||
19 | provide information.
| ||||||
20 | (Source: P.A. 94-941, eff. 6-26-06.)
| ||||||
21 | (325 ILCS 2/65)
| ||||||
22 | Sec. 65. Evaluation.
| ||||||
23 | (a) The Department shall collect and analyze
information | ||||||
24 | regarding the relinquishment of newborn infants and placement | ||||||
25 | of
children under this Act. Police stations, fire stations, |
| |||||||
| |||||||
1 | emergency medical
facilities, and
medical professionals , and | ||||||
2 | first responders accepting and providing services to a newborn | ||||||
3 | infant
under this Act shall report to the Department data | ||||||
4 | necessary for the Department
to evaluate and determine the | ||||||
5 | effect of this Act in the prevention of injury
or death of | ||||||
6 | newborn infants. Child welfare agencies Child-placing agencies | ||||||
7 | shall report to the
Department data necessary to evaluate and | ||||||
8 | determine the effectiveness of these
agencies in providing | ||||||
9 | child protective and child welfare services to newborn
infants | ||||||
10 | relinquished under this Act.
| ||||||
11 | (b) The information collected shall include,
but need not | ||||||
12 | be limited to: the number of newborn infants relinquished; the
| ||||||
13 | services provided to relinquished newborn infants; the outcome
| ||||||
14 | of care for the relinquished newborn infants; the number and | ||||||
15 | disposition of
cases of relinquished newborn infants subject | ||||||
16 | to placement; the number of
children accepted and served by | ||||||
17 | child welfare agencies child-placing agencies ; and the | ||||||
18 | services
provided by child welfare agencies child-placing | ||||||
19 | agencies and the disposition of the cases of the
children | ||||||
20 | placed under this Act.
| ||||||
21 | (c) The Department shall submit a report by
January 1, | ||||||
22 | 2002, and on January 1 of each
year thereafter, to the Governor | ||||||
23 | and General Assembly regarding the prevention
of injury or | ||||||
24 | death of newborn infants and the effect of placements of | ||||||
25 | children
under this Act. The report shall include, but need | ||||||
26 | not be limited to, a
summary of
collected data, an analysis of |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | the data and conclusions regarding the Act's
effectiveness, a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | determination whether the purposes of the Act are being
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | achieved,
and recommendations for changes that may be | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | considered necessary to improve the
administration and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | enforcement of this Act.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | 93-820, eff. 7-27-04 .)
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