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Public Act 097-0293
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| HB0106 Enrolled | LRB097 02840 KTG 42862 b |
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AN ACT concerning children.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Abandoned Newborn Infant Protection Act is |
amended by changing Section 10 as follows:
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(325 ILCS 2/10)
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Sec. 10. Definitions. In this Act:
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"Abandon" has the same meaning as in the Abused and |
Neglected
Child Reporting Act.
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"Abused child" has the same meaning as in the Abused and |
Neglected
Child Reporting Act.
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"Child-placing agency" means a licensed public or private |
agency
that receives a child for the purpose of placing or |
arranging
for the placement of the child in a foster family |
home or
other facility for child care, apart from the custody |
of the child's
parents.
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"Department" or "DCFS" means the Illinois Department of |
Children and
Family Services.
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"Emergency medical facility" means a freestanding |
emergency center or
trauma center, as defined in the Emergency |
Medical Services (EMS) Systems
Act.
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"Emergency medical professional" includes licensed |
physicians, and any
emergency medical technician-basic, |
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emergency medical
technician-intermediate, emergency medical |
technician-paramedic,
trauma nurse specialist, and |
pre-hospital RN, as defined in the
Emergency Medical Services |
(EMS) Systems Act.
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"Fire station" means a fire station within the State with |
at least one staff person.
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"Hospital" has the same meaning as in the Hospital |
Licensing Act.
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"Legal custody" means the relationship created by a court |
order in
the best interest of a newborn infant that imposes on |
the infant's custodian
the responsibility of physical |
possession of the infant, the duty to
protect, train, and |
discipline the infant, and the duty to provide the infant
with |
food,
shelter, education, and medical care, except as these are |
limited by
parental rights and responsibilities.
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"Neglected child" has the same meaning as in the Abused and
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Neglected Child Reporting Act.
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"Newborn infant" means a child who a licensed physician |
reasonably
believes is 30 days old or less at the time the |
child is
initially relinquished to a hospital, police station, |
fire station, or
emergency
medical facility, and who is not an |
abused or a neglected child.
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"Police station" means a municipal police station, or a |
county sheriff's
office, a campus police department located on |
any college or university owned or controlled by the State or |
any private college or private university that is not owned or |
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controlled by the State when employees of the campus police |
department are present, or any of the district headquarters of |
the Illinois State Police.
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"Relinquish" means to bring a newborn infant, who a
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licensed physician reasonably believes is 30 days old or less,
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to a hospital, police station, fire station, or emergency |
medical facility
and
to leave the infant with personnel of the |
facility, if the person leaving the
infant does not express an |
intent to return for the
infant or states that he or she will |
not return for the infant.
In the case of a mother who gives |
birth to an infant in a hospital,
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 is not a "relinquishment" under
this |
Act.
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"Temporary protective custody" means the temporary |
placement of
a newborn infant within a hospital or other |
medical facility out of the
custody of the infant's parent.
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(Source: P.A. 96-345, eff. 1-1-10.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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