Bill Text: IL HB5459 | 2009-2010 | 96th General Assembly | Engrossed

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. Provides that the information packet given to a relinquishing parent in accordance with the Act shall not exceed 5 pages and shall include, in addition to other required information, a one-page brochure (self-mailer) that describes the Safe Haven Law; a one-page brochure (self-mailer) that describes the Illinois Adoption Registry; and a one-page brochure describing health information for the mother and how she can get medical care if she needs it. Requires the information packet to be designed in coordination between the Office of Vital Records and the Department of Children and Family Services. Requires the Office of Vital Records to continue to maintain and distribute the information packet, and to hold on file all foundling records of relinquished newborns. Effective immediately.

Sponsorship: Slight Partisan Bill (Democrat 19-11)

Status: (Passed) 2010-07-20 - Public Act . . . . . . . . . 96-1114 [HB5459 Detail]

Download: Illinois-2009-HB5459-Engrossed.html

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HB5459 Engrossed LRB096 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.

HB5459 Engrossed - 2 - LRB096 18646 KTG 34029 b
(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
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.
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,

HB5459 Engrossed - 3 - LRB096 18646 KTG 34029 b
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.