103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3232

 

Introduced 2/6/2024, by Sen. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
325 ILCS 2/20
325 ILCS 2/50

    Amends the Abandoned Newborn Infant Protection Act. In a provision concerning hospital procedures with respect to a relinquished infant, provides that if a person who relinquished or a person claiming to be the parent of a newborn infant returns to reclaim the infant within 30 days after the infant was relinquished to a hospital, the hospital must inform such person of the name and contact information of the child welfare agency to whom custody of the infant was transferred. In a provision concerning child welfare agency procedures, requires the Department of Children and Family Services and child welfare agencies to initiate parental termination, guardianship, and adoption proceedings in accordance with the Adoption Act (rather than the Abandoned Newborn Infant Protection Act).


LRB103 38239 KTG 68373 b

 

 

A BILL FOR

 

SB3232LRB103 38239 KTG 68373 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Abandoned Newborn Infant Protection Act is
5amended by changing Sections 20 and 50 as follows:
 
6    (325 ILCS 2/20)
7    Sec. 20. Procedures with respect to relinquished newborn
8infants.
9    (a) Hospitals. Every hospital must accept and provide all
10necessary emergency services and care to a relinquished
11newborn infant, in accordance with this Act. The hospital
12shall examine a relinquished newborn infant and perform tests
13that, based on reasonable medical judgment, are appropriate in
14evaluating whether the relinquished newborn infant was abused
15or neglected.
16    The act of relinquishing a newborn infant serves as
17implied consent for the hospital and its medical personnel and
18physicians on staff to treat and provide care for the infant.
19    The hospital shall be deemed to have temporary protective
20custody of a relinquished newborn infant until the infant is
21discharged to the custody of a child welfare agency or the
22Department. The hospital shall provide all available medical
23records and information to the Department and the child

 

 

SB3232- 2 -LRB103 38239 KTG 68373 b

1welfare agency that has accepted the referral of the infant in
2accordance with Section 50.
3    If the person who relinquished or a person claiming to be
4the parent of a newborn infant returns to reclaim the infant
5within 30 days after the infant was relinquished to a
6hospital, the hospital must inform such person of the name and
7contact information of the child welfare agency to whom
8custody of the infant was transferred.
9    (b) Fire stations and emergency medical facilities. Every
10fire station and emergency medical facility must accept and
11provide all necessary emergency services and care to a
12relinquished newborn infant, in accordance with this Act.
13    The act of relinquishing a newborn infant serves as
14implied consent for the fire station or emergency medical
15facility and its emergency medical professionals to treat and
16provide care for the infant, to the extent that those
17emergency medical professionals are trained to provide those
18services.
19    After the relinquishment of a newborn infant to a fire
20station or emergency medical facility, the fire station or
21emergency medical facility's personnel must arrange for the
22transportation of the infant to the nearest hospital as soon
23as transportation can be arranged.
24    If the person who relinquished or a person claiming to be
25the parent of a newborn infant returns to reclaim the infant
26within 30 days after the infant was relinquished to a fire

 

 

SB3232- 3 -LRB103 38239 KTG 68373 b

1station or emergency medical facility, the fire station or
2emergency medical facility must inform such person of the name
3and location of the hospital to which the infant was
4transported.
5    (c) Police stations. Every police station must accept a
6relinquished newborn infant, in accordance with this Act.
7After the relinquishment of a newborn infant to a police
8station, the police station must arrange for the
9transportation of the infant to the nearest hospital as soon
10as transportation can be arranged. The act of relinquishing a
11newborn infant serves as implied consent for the hospital to
12which the infant is transported and that hospital's medical
13personnel and physicians on staff to treat and provide care
14for the infant.
15    If the person who relinquished or a person claiming to be
16the parent of a newborn infant returns to reclaim the infant
17within 30 days after the infant was relinquished to a police
18station, the police station must inform such person of the
19name and location of the hospital to which the infant was
20transported.
21(Source: P.A. 103-501, eff. 1-1-24.)
 
22    (325 ILCS 2/50)
23    Sec. 50. Child welfare agency procedures.
24    (a) The Department's State Central Registry must maintain
25a list of licensed child welfare agencies willing to take

 

 

SB3232- 4 -LRB103 38239 KTG 68373 b

1legal custody of newborn infants relinquished in accordance
2with this Act. The child welfare agencies on the list must be
3contacted by the Department on a rotating basis upon notice
4from a hospital that a newborn infant has been relinquished in
5accordance with this Act.
6    (b) Upon notice from the Department that a newborn infant
7has been relinquished in accordance with this Act, a child
8welfare agency must accept the newborn infant if the agency
9has the accommodations to do so. The child welfare agency must
10seek an order for legal custody of the infant upon its
11acceptance of the infant.
12    (c) Within 3 business days after accepting the referral
13from the Department, the child welfare agency shall file a
14petition for custody in the division of the circuit court in
15which petitions for adoption would normally be heard. The
16petition for custody shall allege that the newborn infant has
17been relinquished in accordance with this Act and shall
18request that the child welfare agency be given the authority
19to place the infant in an adoptive home, foster home, child
20care facility, or other facility appropriate for the needs of
21the infant. No filing or appearance fees shall be charged to
22any petitioner.
23    (d) If no licensed child welfare agency is able to accept
24the relinquished newborn infant, then the Department must
25assume responsibility for the infant as soon as practicable.
26    (e) A custody order issued under subsection (b) shall

 

 

SB3232- 5 -LRB103 38239 KTG 68373 b

1grant the child welfare agency the authority to make medical
2and health-related decisions for the infant. The order shall
3remain in effect until a final order based on the relinquished
4newborn infant's best interests is issued in accordance with
5this Act and the Adoption Act.
6    (f) When possible, the child welfare agency must place a
7relinquished newborn infant in a prospective adoptive home.
8    (g) The Department or child welfare agency must initiate
9proceedings to (i) terminate the parental rights of the
10relinquished newborn infant's known or unknown parents, (ii)
11appoint a guardian for the infant, and (iii) obtain consent to
12the infant's adoption in accordance with the Adoption Act this
13Act no sooner than 60 days following the date of the initial
14relinquishment of the infant to the hospital, police station,
15fire station, or emergency medical facility.
16    (h) Before filing a petition for termination of parental
17rights, the Department or child welfare agency must do the
18following:
19        (1) If the name of either the biological parent is
20    known, search the Illinois Putative Father Registry for
21    the purpose of determining the identity and location of
22    the putative father of the relinquished newborn infant who
23    is, or is expected to be, the subject of an adoption
24    proceeding, in order to provide notice of the proceeding
25    to the putative father. At least one search of the
26    Registry must be conducted, at least 30 days after the

 

 

SB3232- 6 -LRB103 38239 KTG 68373 b

1    relinquished newborn infant's estimated date of birth;
2    earlier searches may be conducted, however. Notice to any
3    potential putative father discovered in a search of the
4    Registry according to the estimated age of the
5    relinquished newborn infant must be in accordance with the
6    Code of Civil Procedure or Section 12a of the Adoption
7    Act. If the names of all the alleged parents are unknown,
8    then a search is not required under this Section.
9        (2) Verify with the Department that, in accordance
10    with subsection (b) of Section 40, the relinquished
11    newborn infant is not a missing child.
12(Source: P.A. 103-501, eff. 1-1-24.)