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 Full Text Bill Status