92nd General Assembly
Summary of HB0632
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House Sponsors:
COULSON-SCOTT-MOORE-BLACK-WAIT, LINDNER, PANKAU, BASSI, 
   MYERS,RICHARD, KOSEL, MITCHELL,BILL, BROSNAHAN, TENHOUSE, 
   WOJCIK, MULLIGAN, BELLOCK, SAVIANO, RUTHERFORD, CROTTY, 
   WIRSING, FLOWERS, HOWARD, DART, WINTERS, LEITCH, SCHMITZ, 
   HULTGREN, LYONS,EILEEN, MCKEON, JOHNSON, MCAULIFFE, 
   FOWLER, BIGGINS, OSMOND, GARRETT, BRADY, YARBROUGH, KURTZ, 
   WINKEL, PERSICO, CURRY,JULIE, LAWFER, LANG, NOVAK, 
   MATHIAS, MCCARTHY, BRADLEY, BEAUBIEN, MEYER AND MILLER.

Senate Sponsors:
KARPIEL-PARKER-TROTTER-GEO-KARIS

Short description: 
ABANDONED NEWBORN INFANT-NEW                                               

Synopsis of Bill as introduced:
        Creates the Abandoned Newborn Infant  Protection  Act.   Provides      
   procedures  to be followed when a parent relinquishes a newborn infant      
   to a hospital or  other  facility.   Provides  for  the  relinquishing      
   parent's immunity from liability for abuse, neglect, or abandonment of      
   the  child  based solely on the relinquishment of the child.  Requires      
   that the relinquishment of a child be reported to  the  Department  of      
   Children  and Family Services State Central Registry. Provides for the      
   transfer of  a  relinquished  newborn  infant  to  the  custody  of  a      
   child-placing  agency  or  to DCFS. Requires DCFS to implement a media      
   campaign to inform the public of the provisions of  the  Act.   Amends      
   the  Illinois  Public Aid Code to provide that a child relinquished in      
   accordance  with  the  Abandoned  Newborn  Infant  Protection  Act  is      
   eligible for TANF.  Amends the Abused and  Neglected  Child  Reporting      
   Act  and  the Juvenile Court Act of 1987 to provide that a child shall      
   not be considered abused or neglected for the  sole  reason  that  the      
   child  has  been relinquished in accordance with the Abandoned Newborn      
   Infant Protection Act.  Amends the Adoption  Act  to  provide  that  a      
   person  shall  not  be  considered an unfit person for the sole reason      
   that the person has  relinquished  a  child  in  accordance  with  the      
   Abandoned Newborn Infant Protection Act.  Effective immediately.            
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          720 ILCS 5/12-21.5                                                   
          720 ILCS 5/12-21.6                                                   
          720 ILCS 130/2                                                       
        In  the  Abandoned  Newborn  Infant   Protection   Act,   deletes      
   references  to  the legal guardian of an infant.  Provides that in the      
   case of a  mother  who  gives  birth  to  an  infant  in  a  hospital,      
   "relinquish"  also  means  the  mother's  act  of leaving that newborn      
   infant at the hospital (i) without expressing an intent to return  for      
   the  infant  or  (ii) stating that she will not return for the infant.      
   Provides for a relinquishing person's completion of  forms  concerning      
   the  Illinois  Adoption Registry and the Medical Information Exchange.      
   Provides that a relinquished newborn infant is  eligible  for  medical      
   assistance  (rather  than  "assistance") under the Illinois Public Aid      
   Code.   Makes  changes  concerning  a  court's  authority  to  hold  a      
   proceeding for termination of parental rights in abeyance.  Amends the      
   Criminal Code of 1961  and  the  Neglected  Children  Offense  Act  to      
   provide that relinquishment of a newborn infant in accordance with the      
   Abandoned  Newborn  Infant  Protection  Act  is  not  an offense under      
   provisions concerning  child  abandonment,  endangering  the  life  or      
   health  of  a  child, or contributing to the dependency and neglect of      
   children.  Makes other changes.                                             
        HOUSE AMENDMENT NO. 2.                                                 
          Adds reference to:                                                   
          705 ILCS 405/2-4                from Ch. 37, par. 802-4              
        Replaces everything after the enacting clause with  substantially      
   similar  provisions.   Changes from the bill as amended by H-am 1           
   include the following: (1) makes changes in the statement of public         
   policy, including adding a statement regarding a public information         
   campaign; (2) defines a "newborn infant" as a child believed to be 72       
   hours old or less (rather than 30 days old or less); (3) eliminates a       
   presumption that a person relinquishing a newborn infant is not the         
   infant's parent but relinquished the infant with the parent's               
   knowledge and permission; (4) adds a provision for immunity of a            
   facility and personnel in connection with a relinquished infant;            
   (5) makes changes concerning the information that must be provided          
   to a person relinquishing an infant; (6) requires DCFS to contact           
   child-placing agencies on a rotating basis upon notification of the         
   relinquishment of an infant (rather than requiring DCFS to provide          
   the names of agenices on a rotating basis to hospitals reporting the        
   relinquishment of an infant); (7) provides that there is no                 
   relinquishment if a parent returns to reclaim an infant within 72           
   hours after the infant's birth, and provides for genetic testing to         
   confirm parentage; (8) requires DCFS to implement a public information      
   program (instead of a media campaign); (9) requires DCFS to evaluate        
   the effectiveness of the Abandoned Newborn Infant Protection Act in         
   preventing injury or death of newborn infants; (10) further amends          
   the Juvenile Court Act of 1987 to provide that a "dependent minor"          
   includes a relinquished newborn infant for whom an adoptive family          
   cannot be found for certain reasons; and (11) further amends the            
   Adoption Act to provide that a relinquished newborn infant is               
   considered to be available for adoption. Effective immediately.             
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          705 ILCS 405/2-4                                                     
        Replaces everything after the enacting clause with substantially       
   similar provisions. Creates the Abandoned Newborn Infant Protection         
   Act and amends the Illinois Public Aid Code, the Abused and Neglected       
   Child Reporting Act, the Juvenile Court Act of 1987, the Criminal Code      
   of 1961, the Neglected Children Offense Act, and the Adoption Act.          
   Changes from the bill as amended by H-am 2 include the following:           
   (1) requires a hospital to perform tests that are appropriate in            
   evaluating whether a relinquished newborn infant was abused or              
   neglected; (2) requires hospital, fire station, or emergency medical        
   facility personnel to verbally inform a relinquishing parent of the         
   necessity of going to court to prevent termination of parental rights       
   and regain custody; (3) requires a child-placing agency to file a           
   petition for custody within 3 business days after assuming custody of       
   a relinqusihed infant; (4) eliminates a provision concerning                
   reclaiming a relinquished child within 72 hours after the infant's          
   birth and genetic testing of the parent; and (5) eliminates amendatory      
   provisions added to the Juvenile Court Act of 1987 concerning               
   dependent minors. Effective immediately.                                    
 
Last action on Bill: PUBLIC ACT.............................. 92-0408

   Last action date: AUG-17-2001

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   1


   END OF INQUIRY 
                                                                               



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