92nd General Assembly
Summary of SB0216
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Senate Sponsors:
KARPIEL-TROTTER-PARKER-GEO-KARIS-KLEMM, DILLARD, 
   RONEN, MUNOZ, BOMKE, RADOGNO, SULLIVAN, JACOBS, 
   SIEBEN, LIGHTFORD, HALVORSON, NOLAND, CRONIN, 
   PETERSON, MADIGAN,L, ROSKAM AND OBAMA.

House Sponsors:
COULSON-WAIT-PANKAU-BROSNAHAN-MULLIGAN

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.            
        SENATE AMENDMENT NO. 1.                                                
          Adds reference to:                                                   
          720 ILCS 5/12-21.5                                                   
          720 ILCS 5/12-21.6                                                   
          720 ILCS 130/2                                                       
        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 introduced include the following: (1) pro-         
   vides for relinquishment of an infant 72 hours old or less (rather          
   than 30 days old or less), and provides for the relinquishment of an        
   infant born in a hospital; (2) adds information that must be provided       
   to a person relinquishing an infant; (3) provides for reimbursement,        
   under the Illinois Public Aid Code, of a hospital that accepts a            
   relinquished infant; (4) provides for actions that must be taken by         
   the court and DCFS during the pendency of a parent's petition for           
   return of custody of a relinquished infant; (5) requires DCFS to            
   implement a public information program (rather than a media campaign);      
   (6) provides for criminal and civil immunity for a hospital or other        
   facility and its personnel who act in good faith in accordance with         
   the Abandoned Newborn Infant Protection Act; (7) amends the Criminal        
   Code of 1961 to provide that a person does not commit child abandon-        
   ment or endangering the life or health of a child by relinquishing an       
   infant in accordance with the Abandoned Newborn Infant Protection           
   Act; and (8) amends the Neglected Children Offense Act to provide           
   immunity for a person who relinquishes an infant in accordance with         
   the Abandoned Newborn Infant Protection Act. Effective immediately.         
        SENATE AMENDMENT NO. 2.                                                
        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 Senate Amendment No. 1 include the      
   following: (1) eliminates a presumption that a non-parent relinquish-       
   ing an infant does so with the parent's knowledge and permission; (2)       
   provides that if a parent returns to a fire station or emergency            
   medical facility to reclaim a relinquished infant, the fire station or      
   emergency medical facility must tell the parent the name and location       
   of the hospital to which the infant was transported; (3) provides that      
   within 3 days after assuming physical custody of a relinquished             
   infant, a child-placing agency must file a petition in the circuit          
   court stating the agency's intention to place the infant in an adop-        
   tive home; (4) provides that if a parent returns to reclaim an infant       
   within 72 hours after the infant's birth, the parent's abandonment of       
   the infant shall not be considered a relinquishment of the infant,          
   and requires genetic testing to confirm the parent's relationship to        
   the infant; (5) makes changes concerning the required contents of the       
   DCFS public information program; (6) requires DCFS to evaluate the          
   implementation of the Abandoned Newborn Infant Protection Act and to        
   submit reports to the Governor and the General Assembly; and (7)            
   amends the Adoption Act to provide that a relinquished infant shall         
   be considered available for adoption. Effective immediately.                
        HOUSE AMENDMENT NO. 1.                                                 
        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 engrossed bill 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)  eliminates a provision concerning reclaiming a relinquished child      
   within 72 hours after the infant's birth and genetic  testing  of  the      
   parent;  and (4) provides for a repeal of the Abandoned Newborn Infant      
   Protection Act on July 1, 2007.  Effective immediately.                     
 
Last action on Bill: PUBLIC ACT.............................. 92-0432

   Last action date: AUG-17-2001

           Location: Senate

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


   END OF INQUIRY 
                                                                               



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