Bill Text: IL HB2816 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Abandoned Newborn Infant Protection Act. Provides that if a parent relinquishes a newborn infant to a hospital, the hospital shall file a foundling record to constitute the birth certificate for the relinquished newborn infant; and that to protect the parent's anonymity, the foundling record shall not contain any identifying information about the relinquishing parent. Provides that if the parent of a newborn infant or any other person returns to reclaim the infant after relinquishing the infant to a fire station, emergency medical facility, or police station, the fire station, emergency medical facility, or police station must inform the parent or person that he or she must contact the Department of Children and Family Services' State-wide, toll-free telephone number for information on the relinquished infant. Shortens the length of time the Department of Children and Family Services or a child-placing agency must initiate certain proceedings, including proceedings to terminate the parental rights of the relinquished newborn infant's known or unknown parents, to no sooner than 30 days (rather than no sooner than 60 days). Provides that no court order terminating the parental rights of the relinquished newborn infant's known or unknown parents shall be entered sooner than 60 days after the date of the initial relinquishment of the infant to the hospital, police station, fire station, or emergency medical facility. Makes other changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-04-24 - Rule 19(a) / Re-referred to Rules Committee [HB2816 Detail]

Download: Illinois-2015-HB2816-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB2816 Introduced , by Rep. Patricia R. Bellock SYNOPSIS AS INTRODUCED:
325 ILCS 2/20
325 ILCS 2/35
325 ILCS 2/50
325 ILCS 2/60
Amends the Abandoned Newborn Infant Protection Act. Provides that if a parent relinquishes a newborn infant to a hospital, the hospital shall file a foundling record to constitute the birth certificate for the relinquished newborn infant; and that to protect the parent's anonymity, the foundling record shall not contain any identifying information about the relinquishing parent. Provides that if the parent of a newborn infant or any other person returns to reclaim the infant after relinquishing the infant to a fire station, emergency medical facility, or police station, the fire station, emergency medical facility, or police station must inform the parent or person that he or she must contact the Department of Children and Family Services' State-wide, toll-free telephone number for information on the relinquished infant. Shortens the length of time the Department of Children and Family Services or a child-placing agency must initiate certain proceedings, including proceedings to terminate the parental rights of the relinquished newborn infant's known or unknown parents, to no sooner than 30 days (rather than no sooner than 60 days). Provides that no court order terminating the parental rights of the relinquished newborn infant's known or unknown parents shall be entered sooner than 60 days after the date of the initial relinquishment of the infant to the hospital, police station, fire station, or emergency medical facility. Makes other changes.
LRB099 06241 KTG 30153 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB2816 LRB099 06241 KTG 30153 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 Sections 20, 35, 50, and 60 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-placing agency or the
Department.
If a parent relinquishes a newborn infant in accordance

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with this Act, the hospital shall file a foundling record to
constitute the birth certificate for the relinquished newborn
infant. To protect the parent's anonymity, the foundling record
shall not contain any identifying information about the
relinquishing parent.
(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 parent of a newborn infant or any other person
returns to reclaim the infant after relinquishing the infant to
a fire station or emergency medical facility, the fire station
or emergency medical facility must inform the parent or person
that he or she must contact the Department of Children and
Family Services' State-wide, toll-free telephone number
established under Section 35.6 of the Children and Family

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Services Act for information on the relinquished infant.
If the parent of a newborn infant returns to reclaim the
child within 72 hours after relinquishing the child to a fire
station or emergency medical facility, the fire station or
emergency medical facility must inform the parent 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 parent of a newborn infant or any other person
returns to reclaim the infant after relinquishing the infant to
a police station, the police station must inform the parent or
person that he or she must contact the Department of Children
and Family Services' State-wide, toll-free telephone number
established under Section 35.6 of the Children and Family
Services Act for information on the relinquished infant.
If the parent of a newborn infant returns to reclaim the
infant within 72 hours after relinquishing the infant to a
police station, the police station must inform the parent of

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the name and location of the hospital to which the infant was
transported.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
93-820, eff. 7-27-04.)
(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. The information packet
must include all of the following:
(1) (Blank).
(2) Written notice of the following:
(A) No sooner than 30 days 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 adoption.
(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

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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.
(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

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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. 96-1114, eff. 7-20-10; 97-333, eff. 8-12-11.)
(325 ILCS 2/50)
Sec. 50. Child-placing agency procedures.
(a) The Department's State Central Registry must maintain a
list of licensed child-placing agencies willing to take legal
custody of newborn infants relinquished in accordance with this
Act. The child-placing 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-placing agency must accept the newborn infant if the
agency has the accommodations to do so. The child-placing
agency must seek an order for legal custody of the infant upon
its acceptance of the infant.
(c) Within 3 business days after assuming physical custody
of the infant, the child-placing agency shall file a petition
in the division of the circuit court in which petitions for

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adoption would normally be heard. The petition shall allege
that the newborn infant has been relinquished in accordance
with this Act and shall state that the child-placing agency
intends to place the infant in an adoptive home.
(d) If no licensed child-placing 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
remain in effect until a final adoption 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-placing agency must place a
relinquished newborn infant in a prospective adoptive home.
(g) The Department or child-placing 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 this Act no sooner
than 30 days 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.
(g-5) No court order terminating the parental rights of the
relinquished newborn infant's known or unknown parents shall be
entered sooner than 60 days after the date of the initial
relinquishment of the infant to the hospital, police station,
fire station, or emergency medical facility.

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(h)Before filing a petition for termination of parental
rights, the Department or child-placing agency must do the
following:
(1) Search its 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 relinquished newborn
infant's estimated date of birth; earlier searches may be
conducted, however. Notice to any potential putative
father discovered in a search of the Registry according to
the estimated age of the relinquished newborn infant must
be in accordance with Section 12a of the Adoption Act.
(2) Verify with law enforcement officials, using the
National Crime Information Center, that the relinquished
newborn infant is not a missing child.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
93-820, eff. 7-27-04.)
(325 ILCS 2/60)
Sec. 60. Department's duties. The Department must
implement a public information program to promote safe
placement alternatives for newborn infants. The public
information program must inform the public of the following:

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(1) The relinquishment alternative provided for in
this Act, which results in the adoption of a newborn infant
under 30 7 days of age and which provides for the parent's
anonymity, if the parent so chooses.
(2) The alternative of adoption through a public or
private agency, in which the parent's identity may or may
not be known to the agency, but is kept anonymous from the
adoptive parents, if the birth parent so desires, and which
allows the parent to be actively involved in the child's
adoption plan.
The public information program may include, but need not be
limited to, the following elements:
(i) Educational and informational materials in print,
audio, video, electronic or other media.
(ii) Establishment of a web site.
(iii) Public service announcements and advertisements.
(iv) Establishment of toll-free telephone hotlines to
provide information.
(Source: P.A. 94-941, eff. 6-26-06.)