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

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

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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-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB3925 Introduced 2/26/2009, by Rep. Elizabeth Coulson SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Public Aid Code and the Abandoned Newborn Infant Protection Act. Provides that "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 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.
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FISCAL NOTE ACT MAY APPLY
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 Illinois Public Aid Code is amended by
changing Section 5-2 as follows:
(305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
Sec. 5-2. Classes of Persons Eligible. Medical assistance
under this Article shall be available to any of the following
classes of persons in respect to whom a plan for coverage has
been submitted to the Governor by the Illinois Department and
approved by him:
1. Recipients of basic maintenance grants under
Articles III and IV.
2. Persons otherwise eligible for basic maintenance
under Articles III and IV but who fail to qualify
thereunder on the basis of need, and who have insufficient
income and resources to meet the costs of necessary medical
care, including but not limited to the following:
(a) All persons otherwise eligible for basic
maintenance under Article III but who fail to qualify
under that Article on the basis of need and who meet
either of the following requirements:
(i) their income, as determined by the

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Illinois Department in accordance with any federal
requirements, is equal to or less than 70% in
fiscal year 2001, equal to or less than 85% in
fiscal year 2002 and until a date to be determined
by the Department by rule, and equal to or less
than 100% beginning on the date determined by the
Department by rule, of the nonfarm income official
poverty line, as defined by the federal Office of
Management and Budget and revised annually in
accordance with Section 673(2) of the Omnibus
Budget Reconciliation Act of 1981, applicable to
families of the same size; or
(ii) their income, after the deduction of
costs incurred for medical care and for other types
of remedial care, is equal to or less than 70% in
fiscal year 2001, equal to or less than 85% in
fiscal year 2002 and until a date to be determined
by the Department by rule, and equal to or less
than 100% beginning on the date determined by the
Department by rule, of the nonfarm income official
poverty line, as defined in item (i) of this
subparagraph (a).
(b) All persons who would be determined eligible
for such basic maintenance under Article IV by
disregarding the maximum earned income permitted by
federal law.

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3. Persons who would otherwise qualify for Aid to the
Medically Indigent under Article VII.
4. Persons not eligible under any of the preceding
paragraphs who fall sick, are injured, or die, not having
sufficient money, property or other resources to meet the
costs of necessary medical care or funeral and burial
expenses.
5.(a) Women during pregnancy, after the fact of
pregnancy has been determined by medical diagnosis, and
during the 60-day period beginning on the last day of the
pregnancy, together with their infants and children born
after September 30, 1983, whose income and resources are
insufficient to meet the costs of necessary medical care to
the maximum extent possible under Title XIX of the Federal
Social Security Act.
(b) The Illinois Department and the Governor shall
provide a plan for coverage of the persons eligible under
paragraph 5(a) by April 1, 1990. Such plan shall provide
ambulatory prenatal care to pregnant women during a
presumptive eligibility period and establish an income
eligibility standard that is equal to 133% of the nonfarm
income official poverty line, as defined by the federal
Office of Management and Budget and revised annually in
accordance with Section 673(2) of the Omnibus Budget
Reconciliation Act of 1981, applicable to families of the
same size, provided that costs incurred for medical care

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are not taken into account in determining such income
eligibility.
(c) The Illinois Department may conduct a
demonstration in at least one county that will provide
medical assistance to pregnant women, together with their
infants and children up to one year of age, where the
income eligibility standard is set up to 185% of the
nonfarm income official poverty line, as defined by the
federal Office of Management and Budget. The Illinois
Department shall seek and obtain necessary authorization
provided under federal law to implement such a
demonstration. Such demonstration may establish resource
standards that are not more restrictive than those
established under Article IV of this Code.
6. Persons under the age of 18 who fail to qualify as
dependent under Article IV and who have insufficient income
and resources to meet the costs of necessary medical care
to the maximum extent permitted under Title XIX of the
Federal Social Security Act.
7. Persons who are under 21 years of age and would
qualify as disabled as defined under the Federal
Supplemental Security Income Program, provided medical
service for such persons would be eligible for Federal
Financial Participation, and provided the Illinois
Department determines that:
(a) the person requires a level of care provided by

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a hospital, skilled nursing facility, or intermediate
care facility, as determined by a physician licensed to
practice medicine in all its branches;
(b) it is appropriate to provide such care outside
of an institution, as determined by a physician
licensed to practice medicine in all its branches;
(c) the estimated amount which would be expended
for care outside the institution is not greater than
the estimated amount which would be expended in an
institution.
8. Persons who become ineligible for basic maintenance
assistance under Article IV of this Code in programs
administered by the Illinois Department due to employment
earnings and persons in assistance units comprised of
adults and children who become ineligible for basic
maintenance assistance under Article VI of this Code due to
employment earnings. The plan for coverage for this class
of persons shall:
(a) extend the medical assistance coverage for up
to 12 months following termination of basic
maintenance assistance; and
(b) offer persons who have initially received 6
months of the coverage provided in paragraph (a) above,
the option of receiving an additional 6 months of
coverage, subject to the following:
(i) such coverage shall be pursuant to

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provisions of the federal Social Security Act;
(ii) such coverage shall include all services
covered while the person was eligible for basic
maintenance assistance;
(iii) no premium shall be charged for such
coverage; and
(iv) such coverage shall be suspended in the
event of a person's failure without good cause to
file in a timely fashion reports required for this
coverage under the Social Security Act and
coverage shall be reinstated upon the filing of
such reports if the person remains otherwise
eligible.
9. Persons with acquired immunodeficiency syndrome
(AIDS) or with AIDS-related conditions with respect to whom
there has been a determination that but for home or
community-based services such individuals would require
the level of care provided in an inpatient hospital,
skilled nursing facility or intermediate care facility the
cost of which is reimbursed under this Article. Assistance
shall be provided to such persons to the maximum extent
permitted under Title XIX of the Federal Social Security
Act.
10. Participants in the long-term care insurance
partnership program established under the Illinois
Long-Term Care Partnership Program Act Partnership for

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Long-Term Care Act who meet the qualifications for
protection of resources described in Section 15 25 of that
Act.
11. Persons with disabilities who are employed and
eligible for Medicaid, pursuant to Section
1902(a)(10)(A)(ii)(xv) of the Social Security Act, as
provided by the Illinois Department by rule. In
establishing eligibility standards under this paragraph
11, the Department shall, subject to federal approval:
(a) set the income eligibility standard at not
lower than 350% of the federal poverty level;
(b) exempt retirement accounts that the person
cannot access without penalty before the age of 59 1/2,
and medical savings accounts established pursuant to
26 U.S.C. 220;
(c) allow non-exempt assets up to $25,000 as to
those assets accumulated during periods of eligibility
under this paragraph 11; and
(d) continue to apply subparagraphs (b) and (c) in
determining the eligibility of the person under this
Article even if the person loses eligibility under this
paragraph 11.
12. Subject to federal approval, persons who are
eligible for medical assistance coverage under applicable
provisions of the federal Social Security Act and the
federal Breast and Cervical Cancer Prevention and

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Treatment Act of 2000. Those eligible persons are defined
to include, but not be limited to, the following persons:
(1) persons who have been screened for breast or
cervical cancer under the U.S. Centers for Disease
Control and Prevention Breast and Cervical Cancer
Program established under Title XV of the federal
Public Health Services Act in accordance with the
requirements of Section 1504 of that Act as
administered by the Illinois Department of Public
Health; and
(2) persons whose screenings under the above
program were funded in whole or in part by funds
appropriated to the Illinois Department of Public
Health for breast or cervical cancer screening.
"Medical assistance" under this paragraph 12 shall be
identical to the benefits provided under the State's
approved plan under Title XIX of the Social Security Act.
The Department must request federal approval of the
coverage under this paragraph 12 within 30 days after the
effective date of this amendatory Act of the 92nd General
Assembly.
13. Subject to appropriation and to federal approval,
persons living with HIV/AIDS who are not otherwise eligible
under this Article and who qualify for services covered
under Section 5-5.04 as provided by the Illinois Department
by rule.

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14. Subject to the availability of funds for this
purpose, the Department may provide coverage under this
Article to persons who reside in Illinois who are not
eligible under any of the preceding paragraphs and who meet
the income guidelines of paragraph 2(a) of this Section and
(i) have an application for asylum pending before the
federal Department of Homeland Security or on appeal before
a court of competent jurisdiction and are represented
either by counsel or by an advocate accredited by the
federal Department of Homeland Security and employed by a
not-for-profit organization in regard to that application
or appeal, or (ii) are receiving services through a
federally funded torture treatment center. Medical
coverage under this paragraph 14 may be provided for up to
24 continuous months from the initial eligibility date so
long as an individual continues to satisfy the criteria of
this paragraph 14. If an individual has an appeal pending
regarding an application for asylum before the Department
of Homeland Security, eligibility under this paragraph 14
may be extended until a final decision is rendered on the
appeal. The Department may adopt rules governing the
implementation of this paragraph 14.
15. A newborn infant relinquished in accordance with
the Abandoned Newborn Infant Protection Act, and the
infant's mother, as provided in Section 45 of that Act.
The Illinois Department and the Governor shall provide a

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plan for coverage of the persons eligible under paragraph 7 as
soon as possible after July 1, 1984.
The eligibility of any such person for medical assistance
under this Article is not affected by the payment of any grant
under the Senior Citizens and Disabled Persons Property Tax
Relief and Pharmaceutical Assistance Act or any distributions
or items of income described under subparagraph (X) of
paragraph (2) of subsection (a) of Section 203 of the Illinois
Income Tax Act. The Department shall by rule establish the
amounts of assets to be disregarded in determining eligibility
for medical assistance, which shall at a minimum equal the
amounts to be disregarded under the Federal Supplemental
Security Income Program. The amount of assets of a single
person to be disregarded shall not be less than $2,000, and the
amount of assets of a married couple to be disregarded shall
not be less than $3,000.
To the extent permitted under federal law, any person found
guilty of a second violation of Article VIIIA shall be
ineligible for medical assistance under this Article, as
provided in Section 8A-8.
The eligibility of any person for medical assistance under
this Article shall not be affected by the receipt by the person
of donations or benefits from fundraisers held for the person
in cases of serious illness, as long as neither the person nor
members of the person's family have actual control over the
donations or benefits or the disbursement of the donations or

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benefits.
(Source: P.A. 94-629, eff. 1-1-06; 94-1043, eff. 7-24-06;
95-546, eff. 8-29-07; revised 1-22-08.)
Section 10. The Abandoned Newborn Infant Protection Act is
amended by changing Sections 10, 30, 35, 45, and 50 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,
emergency medical technician-intermediate, emergency medical

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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
licensed physician reasonably believes is 30 7 days old or

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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 may relinquish her
newborn infant by expressing an intent to do so under this Act
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.
"Safe haven" means a hospital, fire station, police
station, or emergency medical facility at which a newborn
infant may be relinquished 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.)
(325 ILCS 2/30)
Sec. 30. Anonymity of relinquishing person. If there is no
evidence of abuse or neglect of a relinquished newborn infant,
the relinquishing person has the right to remain anonymous and
to leave the hospital, police station, fire station, or
emergency medical facility at any time and not be pursued or
followed. Before the relinquishing person leaves the hospital,

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police station, fire station, or emergency medical facility,
the hospital, police station, fire station, or emergency
medical facility personnel shall (i) verbally inform the
relinquishing person that by relinquishing the child
anonymously, he or she will have to petition the court if he or
she desires to prevent the termination of parental rights and
regain custody of the child and (ii) shall offer the
relinquishing person the information packet described in
Section 35 of this Act. However, nothing in this Act shall be
construed as precluding the relinquishing person from
providing his or her identity or completing the application
forms for the Illinois Adoption Registry and Medical
Information Exchange and requesting that the hospital, police
station, fire station, or emergency medical facility forward
those forms to the Illinois Adoption Registry and Medical
Information Exchange. 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".
(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 hospital,

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police station, fire station, or emergency medical facility
that receives a newborn infant relinquished in accordance with
this Act must offer an information packet, including the
Illinois Safe Haven Information Form, 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) The Illinois Safe Haven Information Form. 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) A summary of this Act. 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

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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
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.
The Department shall make the Illinois Safe Haven
Information Form and the summary of this Act available to each
safe haven located in this State. The Illinois Safe Haven
Information Form and the summary of this Act offered by a safe
haven to a relinquishing person must be substantially the same
as those made available by the Department. If a person
relinquishes a newborn infant to a hospital and the hospital
receives a partially or completely filled-out Illinois Safe
Haven Information Form from that person at the time the newborn
infant is relinquished, the hospital must provide a copy of the
form to the child-placing agency into whose custody the
hospital discharges the infant in accordance with Section 20. A
safe haven other than a hospital that receives, at the time a
newborn infant is relinquished, a partially or completely
filled-out Illinois Safe Haven Information Form from the person
relinquishing the newborn infant must give the form to the

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hospital to which the infant is transported in accordance with
Section 20, which must in turn provide a copy of the form to
the child-placing agency into whose custody the hospital
discharges the infant in accordance with Section 20. Upon
request, 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.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
93-820, eff. 7-27-04.)
(325 ILCS 2/45)
Sec. 45. Medical assistance. Notwithstanding any other
provision of law, a newborn infant relinquished in accordance
with this Act, and the infant's mother, shall be deemed
eligible for medical assistance under the Illinois Public Aid
Code, and a hospital providing medical services to such an
infant or to the infant's mother, or to both, shall be
reimbursed for those services in accordance with the payment
methodologies authorized under that Code. In addition, for any
day that a hospital has custody of a newborn infant
relinquished in accordance with this Act and the infant does
not require medically necessary care, the hospital shall be
reimbursed by the Department of Healthcare and Family Services
at the general acute care per diem rate, in accordance with 89
Ill. Adm. Code 148.270(c).

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(Source: P.A. 95-331, eff. 8-21-07.)
(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. The Department 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.
(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
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

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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 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-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

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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, unless the
relinquished newborn infant was born in the hospital and
was relinquished to the hospital without having left the
hospital.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
93-820, eff. 7-27-04.)
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INDEX
Statutes amended in order of appearance
305 ILCS 5/5-2 from Ch. 23, par. 5-2
325 ILCS 2/10
325 ILCS 2/30
325 ILCS 2/35
325 ILCS 2/45
325 ILCS 2/50