Bill Text: IL SB3232 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Abandoned Newborn Infant Protection Act. In a provision concerning hospital procedures with respect to a relinquished infant, provides that if a person who relinquished or a person claiming to be the parent of a newborn infant returns to reclaim the infant within 30 days after the infant was relinquished to a hospital, the hospital must inform such person of the name and contact information of the child welfare agency to whom custody of the infant was transferred. In a provision concerning child welfare agency procedures, requires the Department of Children and Family Services and child welfare agencies to initiate parental termination, guardianship, and adoption proceedings in accordance with the Adoption Act (rather than the Abandoned Newborn Infant Protection Act).

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0958 [SB3232 Detail]

Download: Illinois-2023-SB3232-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3232 Introduced 2/6/2024, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
325 ILCS 2/20
325 ILCS 2/50
Amends the Abandoned Newborn Infant Protection Act. In a provision concerning hospital procedures with respect to a relinquished infant, provides that if a person who relinquished or a person claiming to be the parent of a newborn infant returns to reclaim the infant within 30 days after the infant was relinquished to a hospital, the hospital must inform such person of the name and contact information of the child welfare agency to whom custody of the infant was transferred. In a provision concerning child welfare agency procedures, requires the Department of Children and Family Services and child welfare agencies to initiate parental termination, guardianship, and adoption proceedings in accordance with the Adoption Act (rather than the Abandoned Newborn Infant Protection Act).
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A BILL FOR
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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 Sections 20 and 50 as follows:
(325 ILCS 2/20)
Sec. 20. Procedures with respect to relinquished newborn
infants.
(a) Hospitals. Every hospital must accept and provide all
necessary emergency services and care to a relinquished
newborn infant, in accordance with this Act. The hospital
shall examine a relinquished newborn infant and perform tests
that, based on reasonable medical judgment, are appropriate in
evaluating whether the relinquished newborn infant was abused
or neglected.
The act of relinquishing a newborn infant serves as
implied consent for the hospital and its medical personnel and
physicians on staff to treat and provide care for the infant.
The hospital shall be deemed to have temporary protective
custody of a relinquished newborn infant until the infant is
discharged to the custody of a child welfare agency or the
Department. The hospital shall provide all available medical
records and information to the Department and the child

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welfare agency that has accepted the referral of the infant in
accordance with Section 50.
If the person who relinquished or a person claiming to be
the parent of a newborn infant returns to reclaim the infant
within 30 days after the infant was relinquished to a
hospital, the hospital must inform such person of the name and
contact information of the child welfare agency to whom
custody of the infant was transferred.
(b) Fire stations and emergency medical facilities. Every
fire station and emergency medical facility must accept and
provide all necessary emergency services and care to a
relinquished newborn infant, in accordance with this Act.
The act of relinquishing a newborn infant serves as
implied consent for the fire station or emergency medical
facility and its emergency medical professionals to treat and
provide care for the infant, to the extent that those
emergency medical professionals are trained to provide those
services.
After the relinquishment of a newborn infant to a fire
station or emergency medical facility, the fire station or
emergency medical facility's personnel must arrange for the
transportation of the infant to the nearest hospital as soon
as transportation can be arranged.
If the person who relinquished or a person claiming to be
the parent of a newborn infant returns to reclaim the infant
within 30 days after the infant was relinquished to a fire

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station or emergency medical facility, the fire station or
emergency medical facility must inform such person of the name
and location of the hospital to which the infant was
transported.
(c) Police stations. Every police station must accept a
relinquished newborn infant, in accordance with this Act.
After the relinquishment of a newborn infant to a police
station, the police station must arrange for the
transportation of the infant to the nearest hospital as soon
as transportation can be arranged. The act of relinquishing a
newborn infant serves as implied consent for the hospital to
which the infant is transported and that hospital's medical
personnel and physicians on staff to treat and provide care
for the infant.
If the person who relinquished or a person claiming to be
the parent of a newborn infant returns to reclaim the infant
within 30 days after the infant was relinquished to a police
station, the police station must inform such person of the
name and location of the hospital to which the infant was
transported.
(Source: P.A. 103-501, eff. 1-1-24.)
(325 ILCS 2/50)
Sec. 50. Child welfare agency procedures.
(a) The Department's State Central Registry must maintain
a list of licensed child welfare agencies willing to take

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legal custody of newborn infants relinquished in accordance
with this Act. The child welfare agencies on the list must be
contacted by the Department on a rotating basis upon notice
from a hospital that a newborn infant has been relinquished in
accordance with this Act.
(b) Upon notice from the Department that a newborn infant
has been relinquished in accordance with this Act, a child
welfare agency must accept the newborn infant if the agency
has the accommodations to do so. The child welfare agency must
seek an order for legal custody of the infant upon its
acceptance of the infant.
(c) Within 3 business days after accepting the referral
from the Department, the child welfare agency shall file a
petition for custody in the division of the circuit court in
which petitions for adoption would normally be heard. The
petition for custody shall allege that the newborn infant has
been relinquished in accordance with this Act and shall
request that the child welfare agency be given the authority
to place the infant in an adoptive home, foster home, child
care facility, or other facility appropriate for the needs of
the infant. No filing or appearance fees shall be charged to
any petitioner.
(d) If no licensed child welfare agency is able to accept
the relinquished newborn infant, then the Department must
assume responsibility for the infant as soon as practicable.
(e) A custody order issued under subsection (b) shall

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grant the child welfare agency the authority to make medical
and health-related decisions for the infant. The order shall
remain in effect until a final order based on the relinquished
newborn infant's best interests is issued in accordance with
this Act and the Adoption Act.
(f) When possible, the child welfare agency must place a
relinquished newborn infant in a prospective adoptive home.
(g) The Department or child welfare agency must initiate
proceedings to (i) terminate the parental rights of the
relinquished newborn infant's known or unknown parents, (ii)
appoint a guardian for the infant, and (iii) obtain consent to
the infant's adoption in accordance with the Adoption Act this
Act no sooner than 60 days following the date of the initial
relinquishment of the infant to the hospital, police station,
fire station, or emergency medical facility.
(h) Before filing a petition for termination of parental
rights, the Department or child welfare agency must do the
following:
(1) If the name of either the biological parent is
known, search the Illinois Putative Father Registry for
the purpose of determining the identity and location of
the putative father of the relinquished newborn infant who
is, or is expected to be, the subject of an adoption
proceeding, in order to provide notice of the proceeding
to the putative father. At least one search of the
Registry must be conducted, at least 30 days after the

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