Bill Text: IL HB3925 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Illinois Public Aid Code and the Abandoned Newborn Infant Protection Act. Provides that for purposes of the Abandoned Newborn Infant Protection Act, "fire station" means a fire station with at least one staff person (instead of that is staffed with at least one full-time emergency medical professional). Provides that "newborn infant" means a child who a licensed physician reasonably believes is 30 (instead of 7) days old or less. Defines "safe haven" to mean a hospital, fire station, police station, or emergency medical facility at which a newborn infant may be relinquished. Provides that any public reporting of information required in connection with the relinquishment of a newborn infant, including, but not limited to, reporting required under the Vital Records Act or under any other law, shall identify the mother of the relinquished newborn infant and the infant as "unknown". Makes changes concerning the information packet that a hospital or other facility must offer to a person who relinquishes a newborn infant. Provides that a relinquished newborn infant's mother, as well as the infant, are eligible for medical assistance under the Illinois Public Aid Code. Provides that the Department of Children and Family Services shall notify a hospital to whom a newborn infant has been relinquished of the name of the child-placing agency authorized by the Department to take custody of the infant from the hospital. Provides that if a relinquished newborn infant was born in a hospital and was relinquished to the hospital without having left the hospital, the Department need not verify that the infant is not a missing child before filing a petition for termination of parental rights.

Spectrum: Bipartisan Bill

Status: (Passed) 2009-08-11 - Public Act . . . . . . . . . 96-0345 [HB3925 Detail]

Download: Illinois-2009-HB3925-Enrolled.html

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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 10 as follows:
(325 ILCS 2/10)
Sec. 10. Definitions. In this Act:
"Abandon" has the same meaning as in the Abused and
Neglected Child Reporting Act.
"Abused child" has the same meaning as in the Abused and
Neglected Child Reporting Act.
"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.
"Department" or "DCFS" means the Illinois Department of
Children and Family Services.
"Emergency medical facility" means a freestanding
emergency center or trauma center, as defined in the Emergency
Medical Services (EMS) Systems Act.
"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.
"Fire station" means a fire station within the State with
at least one staff person that is staffed with at least one
full-time emergency medical professional.
"Hospital" has the same meaning as in the Hospital
Licensing Act.
"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.
"Neglected child" has the same meaning as in the Abused and
Neglected Child Reporting Act.
"Newborn infant" means a child who a licensed physician
reasonably believes is 30 7 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.
"Police station" means a municipal police station or a
county sheriff's office.
"Relinquish" means to bring a newborn infant, who a

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licensed physician reasonably believes is 30 7 days old or
less, 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.
"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.
(Source: P.A. 93-820, eff. 7-27-04; 94-941, eff. 6-26-06.)