Illinois General Assembly - Full Text of Public Act 096-1114
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Public Act 096-1114





Public Act 096-1114
HB5459 EnrolledLRB096 18646 KTG 34029 b

    AN ACT concerning children.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Abandoned Newborn Infant Protection Act is
amended by changing Section 35 as follows:
    (325 ILCS 2/35)
    Sec. 35. Information for relinquishing person.
    (a) A hospital, police station, fire station, or emergency
medical facility that receives a newborn infant relinquished in
accordance with this Act must offer an information packet to
the relinquishing person and, if possible, must clearly inform
the relinquishing person that his or her acceptance of the
information is completely voluntary, that registration with
the Illinois Adoption Registry and Medical Information
Exchange is voluntary, that the person will remain anonymous if
he or she completes a Denial of Information Exchange, and that
the person has the option to provide medical information only
and still remain anonymous. The information packet must include
all of the following:
        (1) Blank All Illinois Adoption Registry and Medical
    Information Exchange application forms, including the
    Medical Information Exchange Questionnaire and the web
    site address and toll-free phone number of the Registry.
        (2) Written notice of the following:
            (A) No sooner than 60 days following the date of
        the initial relinquishment of the infant to a hospital,
        police station, fire station, or emergency medical
        facility, the child-placing agency or the Department
        will commence proceedings for the termination of
        parental rights and placement of the infant for
            (B) Failure of a parent of the infant to contact
        the Department and petition for the return of custody
        of the infant before termination of parental rights
        bars any future action asserting legal rights with
        respect to the infant.
        (3) A resource list of providers of counseling services
    including grief counseling, pregnancy counseling, and
    counseling regarding adoption and other available options
    for placement of the infant.
    Upon request of a parent, the Department of Public Health
shall provide the application forms for the Illinois Adoption
Registry and Medical Information Exchange to hospitals, police
stations, fire stations, and emergency medical facilities.
    (b) The information packet given to a relinquishing parent
in accordance with this Act shall include, in addition to other
information required under this Act, the following:
        (1) A brochure (with a self-mailer attached) that
    describes this Act and the rights of birth parents,
    including an optional section for the parent to complete
    and mail to the Department of Children and Family Services,
    that shall ask for basic anonymous background information
    about the relinquished child. This brochure shall be
    maintained by the Department on its website.
        (2) A brochure that describes the Illinois Adoption
    Registry, including a toll-free number and website
    information. This brochure shall be maintained on the
    Office of Vital Records website.
        (3) A brochure describing postpartum health
    information for the mother.
    The information packet shall be designed in coordination
between the Office of Vital Records and the Department of
Children and Family Services, with the exception of the
resource list of providers of counseling services and adoption
agencies, which shall be provided by the hospital, fire
station, police station, sheriff's office, or emergency
medical facility.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
93-820, eff. 7-27-04.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/20/2010