State of Illinois
92nd General Assembly
Legislation

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92_HB0632ham001

 










                                           LRB9203754DJmbam02

 1                     AMENDMENT TO HOUSE BILL 632

 2        AMENDMENT NO.     .  Amend House Bill 632 on page 1, line
 3    28, by deleting "or legal guardian"; and

 4    on page 3,  line  1,  after  the  period,  by  inserting  the
 5    following:
 6    "In  the  case  of a mother who gives birth to an infant in a
 7    hospital, "relinquish" also means the mother's act of leaving
 8    that newborn infant at the hospital (i) without expressing an
 9    intent to return for the infant or (ii) stating that she will
10    not return for the infant."; and

11    on page 3, lines 4 and 5, line 9, lines 13 and 14,  line  15,
12    line  16,  and  line 24, by deleting "or legal guardian" each
13    time it appears; and

14    on  page  3,  lines  27  and  28,  by  deleting   "or   legal
15    guardian's"; and

16    on page 4, line 8, by deleting "legal"; and

17    on  page  5,  line  13,  after  the  period, by inserting the
18    following:
19    "Before the relinquishing person leaves  the  hospital,  fire
20    station,  or  emergency  medical facility, the hospital, fire
21    station,  or  emergency  medical  facility  shall   ask   the
 
                            -2-            LRB9203754DJmbam02
 1    relinquishing  person  to  complete the application forms for
 2    the  Illinois  Adoption  Registry  and  Medical   Information
 3    Exchange."; and

 4    on page 5, by replacing lines 20 and 21 with the following:
 5    "information  is completely voluntary, that registration with
 6    the  Illinois  Adoption  Registry  and  Medical   Information
 7    Exchange  is voluntary, that the person will remain anonymous
 8    if he or she completes a Denial of Information Exchange,  and
 9    that the person has the option to provide medical information
10    only and still remain anonymous.  The"; and

11    on  page  5,  by  replacing  lines  23  through  25  with the
12    following:
13        "(1)  All  Illinois   Adoption   Registry   and   Medical
14    Information Exchange application forms, including the Medical
15    Information Exchange Questionnaire."; and

16    on  page 5, line 30, by replacing "State" with "child-placing
17    agency or the Department"; and

18    on page 5, line 31, by deleting "involuntary"; and

19    on page 6, line 1, by deleting "or legal guardian"; and

20    on page 6, line 4, before "termination", by inserting "filing
21    of a petition for"; and

22    on page 6, by replacing line 32 with the following:

23        "Section 45.  Medical  assistance.   Notwithstanding  any
24    other  provision  of  law,  a  newborn infant relinquished in
25    accordance with this Act shall be deemed eligible for medical
26    assistance under the Illinois Public Aid Code, and a hospital
27    providing  medical  services  to  such  an  infant  shall  be
28    reimbursed for those services in accordance with the  payment
29    methodologies  authorized  under that Code.  In addition, for
30    any day that a hospital  has  custody  of  a  newborn  infant
 
                            -3-            LRB9203754DJmbam02
 1    relinquished  in accordance with this Act and the infant does
 2    not require medically necessary care, the hospital  shall  be
 3    reimbursed  by  the  Illinois Department of Public Aid at the
 4    general acute care per diem rate, in accordance with 89  Ill.
 5    Adm. Code 148.270(c)."; and

 6    on page 7, by deleting lines 1 and 2; and

 7    on  page  8,  lines  22,  26,  and  33, by deleting "or legal
 8    guardian" each time it appears; and

 9    on page  8,  line  24,  before  "termination",  by  inserting
10    "filing of a petition for"; and

11    on  page  8,  line  29,  by  replacing  "and filing" with the
12    following: "for the purpose of  obtaining  the  name  of  the
13    child-placing agency and then filing"; and

14    on  page  9,  lines  2,  16,  and  18,  by deleting "or legal
15    guardian" each time it appears; and

16    on page 9, by replacing lines 5 through 9 with the following:
17        "(d)  The circuit court may hold the proceeding  for  the
18    termination  of  parental rights in abeyance for a period not
19    to exceed 60 days from the date that the petition for  return
20    of custody was filed without a showing of good cause.  During
21    that period:
22             (1)  The   court  shall  order  genetic  testing  to
23        establish maternity or paternity, or both.
24             (2)  The Department shall conduct a child protective
25        investigation and home study to  develop  recommendations
26        to the court.
27             (3)  When  indicated as a result of the Department's
28        investigation and home study, further  proceedings  under
29        the  Juvenile  Court  Act of 1987 as the court determines
30        appropriate, may be conducted.   However,  relinquishment
31        of  a newborn infant in accordance with this Act does not
 
                            -4-            LRB9203754DJmbam02
 1        render the infant abused, neglected, or abandoned  solely
 2        because   the   newborn  infant  was  relinquished  to  a
 3        hospital, fire station, or emergency medical facility  in
 4        accordance with this Act.

 5    on  page  9,  line  11,  before  "termination",  by inserting
 6    "filing of a petition for"; and

 7    on page 9, lines 13 and 14, by  replacing  "parent  or  legal
 8    guardian's" with "parent's"; and

 9    on  page  9,  lines  29 and 30, by replacing "parent or legal
10    guardian's" with "parent's"; and

11    on page 9, line 32, by deleting "or legal guardian's"; and

12    on page 18, after line 23, by inserting the following:

13        "Section 96.  The Criminal Code of  1961  is  amended  by
14    changing Sections 12-21.5 and 12-21.6 as follows:

15        (720 ILCS 5/12-21.5)
16        Sec. 12-21.5. Child Abandonment.
17        (a)  A  person  commits  the offense of child abandonment
18    when he or she, as a parent, guardian, or other person having
19    physical custody or control of a child,  without  regard  for
20    the  mental  or  physical  health, safety, or welfare of that
21    child, knowingly leaves that child who is under the age of 13
22    without supervision by a responsible person over the  age  of
23    14  for  a  period  of 24 hours or more, except that a person
24    does not commit the offense of child abandonment when  he  or
25    she  relinquishes  a  child  in accordance with the Abandoned
26    Newborn Infant Protection Act.
27        (b)  For the purposes of determining  whether  the  child
28    was  left  without  regard for the mental or physical health,
29    safety, or welfare of that child, the  trier  of  fact  shall
30    consider the following factors:
 
                            -5-            LRB9203754DJmbam02
 1             (1)  the age of the child;
 2             (2)  the number of children left at the location;
 3             (3)  special  needs  of the child, including whether
 4        the child  is  physically  or  mentally  handicapped,  or
 5        otherwise in need of ongoing prescribed medical treatment
 6        such as periodic doses of insulin or other medications;
 7             (4)  the  duration  of  time  in which the child was
 8        left without supervision;
 9             (5)  the condition and location of the  place  where
10        the child was left without supervision;
11             (6)  the  time  of  day  or night when the child was
12        left without supervision;
13             (7)  the weather conditions, including  whether  the
14        child  was  left  in  a location with adequate protection
15        from the natural elements such as adequate heat or light;
16             (8)  the location of the parent, guardian, or  other
17        person having physical custody or control of the child at
18        the  time  the  child  was  left without supervision, the
19        physical  distance  the  child  was  from   the   parent,
20        guardian,  or  other  person  having  physical custody or
21        control of the child at the time the  child  was  without
22        supervision;
23             (9)  whether the child's movement was restricted, or
24        the  child  was  otherwise  locked within a room or other
25        structure;
26             (10)  whether the child was given a phone number  of
27        a person or location to call in the event of an emergency
28        and  whether the child was capable of making an emergency
29        call;
30             (11)  whether there was  food  and  other  provision
31        left for the child;
32             (12)  whether  any of the conduct is attributable to
33        economic hardship or illness and the parent, guardian  or
34        other  person  having  physical custody or control of the
 
                            -6-            LRB9203754DJmbam02
 1        child made a good faith effort to provide for the  health
 2        and safety of the child;
 3             (13)  the  age  and physical and mental capabilities
 4        of the person or persons who provided supervision for the
 5        child;
 6             (14)  any  other  factor  that  would  endanger  the
 7        health or safety of that particular child;
 8             (15)  whether  the  child   was   left   under   the
 9        supervision of another person.
10        (d)  Child  abandonment is a Class 4 felony.  A second or
11    subsequent offense after a prior  conviction  is  a  Class  3
12    felony.
13    (Source: P.A. 88-479.)

14        (720 ILCS 5/12-21.6)
15        Sec. 12-21.6.  Endangering the life or health of a child.
16        (a)  It  is unlawful for any person to willfully cause or
17    permit the life or health of a child under the age of  18  to
18    be  endangered  or to willfully cause or permit a child to be
19    placed in circumstances that endanger  the  child's  life  or
20    health,  except  that  it  is  not  unlawful  for a person to
21    relinquish a child in accordance with the  Abandoned  Newborn
22    Infant Protection Act.
23        (b)  A   violation   of   this   Section  is  a  Class  A
24    misdemeanor.   A  second  or  subsequent  violation  of  this
25    Section is a Class 3 felony.  A  violation  of  this  Section
26    that  is  a  proximate  cause  of the death of the child is a
27    Class 3 felony for which a person, if sentenced to a term  of
28    imprisonment, shall be sentenced to a term of not less than 2
29    years and not more than 10 years.
30    (Source: P.A. 90-687, eff. 7-31-98.)

31        Section  96.5.  The  Neglected  Children  Offense  Act is
32    amended by changing Section 2 as follows:

 
                            -7-            LRB9203754DJmbam02
 1        (720 ILCS 130/2) (from Ch. 23, par. 2361)
 2        Sec. 2. Any parent, legal guardian or person  having  the
 3    custody  of  a child under the age of 18 years, who knowingly
 4    or wilfully causes, aids or encourages such person to  be  or
 5    to  become  a  dependent  and  neglected  child as defined in
 6    section 1, who knowingly or wilfully does acts which directly
 7    tend to render any such child so dependent and neglected,  or
 8    who  knowingly  or  wilfully  fails  to  do  that  which will
 9    directly tend to prevent such state of dependency and neglect
10    is guilty of the Class A misdemeanor of contributing  to  the
11    dependency  and neglect of children, except that a person who
12    relinquishes a child in accordance with the Abandoned Newborn
13    Infant Protection Act is  not  guilty  of  that  misdemeanor.
14    Instead of imposing the punishment hereinbefore provided, the
15    court may release the defendant from custody on probation for
16    one  year  upon his or her entering into recognizance with or
17    without  surety  in  such  sum  as  the  court  directs.  The
18    conditions of the recognizance shall  be  such  that  if  the
19    defendant  appears personally in court whenever ordered to do
20    so within the year and provides and cares for such  neglected
21    and   dependent   child  in  such  manner  as  to  prevent  a
22    continuance or repetition of such  state  of  dependency  and
23    neglect or as otherwise may be directed by the court then the
24    recognizance  shall  be  void,  otherwise it shall be of full
25    force and effect. If the court is  satisfied  by  information
26    and due proof under oath that at any time during the year the
27    defendant  has  violated  the  terms  of  such  order  it may
28    forthwith revoke the order and sentence him or her under  the
29    original conviction. Unless so sentenced, the defendant shall
30    at  the  end of the year be discharged. In case of forfeiture
31    on the recognizance the sum  recovered  thereon  may  in  the
32    discretion  of  the  court  be  paid  in  whole or in part to
33    someone designated by the  court  for  the  support  of  such
34    dependent and neglected child.
 
                            -8-            LRB9203754DJmbam02
 1    (Source: P.A. 77-2350.)".

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