Short title
Short title. This Act may be cited as the Abandoned Newborn Infant Protection Act. (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
Illinois · statute · 325 ILCS 2 · 25 active provisions
Short title. This Act may be cited as the Abandoned Newborn Infant Protection Act. (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
Public policy. Illinois recognizes that newborn infants have been abandoned to the environment or to other circumstances that may be unsafe to the newborn infant. These circumstances have caused injury and death to newborn infants and give rise to potential civil or criminal liability to parents who may be under severe…
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 welfare agency" means an Illinois licensed public or private agency that receives a child for the purpose of placing…
Presumptions. (a) There is a presumption that by relinquishing a newborn infant in accordance with this Act, the infant's parent consents to the termination of the parent's parental rights with respect to the infant. (b) There is a presumption that a person relinquishing a newborn infant in accordance with this Act: (1…
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 med…
Signage. Every hospital, fire station, emergency medical facility, and police station that is required to accept a relinquished newborn infant in accordance with this Act must post, either by physical or electronic means, a sign in a conspicuous place on the exterior of the building housing the facility informing perso…
Immunity for relinquishing person. (a) The act of relinquishing a newborn infant to a hospital, police station, fire station, or emergency medical facility in accordance with this Act does not, by itself, constitute a basis for a finding of abuse, neglect, or abandonment of the infant pursuant to the laws of this State…
Immunity of facility and personnel. A hospital, police station, fire station, or emergency medical facility, and any personnel of a hospital, police station, fire station, or emergency medical facility, are immune from criminal or civil liability for acting in good faith in accordance with this Act. Nothing in this Act…
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 relinq…
Information for relinquishing person. (a) The hospital, police station, fire station, or emergency medical facility that receives a newborn infant relinquished in accordance with this Act shall offer to the relinquishing person information about the relinquishment process and, either in writing or by referring such per…
Public disclosure of information prohibited. Emergency medical professionals, employees, or other persons engaged in the administration or operation of a fire station, police station, hospital, emergency medical facility, child welfare agency, or the Department where a newborn infant has been relinquished or transferre…
Reporting requirements. (a) Within 12 hours after accepting a newborn infant from a relinquishing person or from a police station, fire station, or emergency medical facility in accordance with this Act, a hospital must report to the Department's State Central Registry for the purpose of transferring physical custody o…
Medical assistance. Notwithstanding any other provision of law, a newborn infant relinquished in accordance with this Act shall be deemed eligible for medical assistance under the Illinois Public Aid Code, and a hospital providing medical services to such an infant shall be reimbursed for those services in accordance w…
Child welfare agency procedures. (a) The Department's State Central Registry must maintain a list of licensed child welfare agencies willing to take 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 u…
Petition for return of custody. (a) A parent or person claiming to be a parent of a newborn infant relinquished in accordance with this Act may petition for the return of custody of the infant before the termination of parental rights with respect to the infant. (b) A parent of a newborn infant relinquished in accordan…
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: (1) The relinquishment alternative provided for in this Act, which results in the adoption of a newborn infa…
Evaluation. (a) The Department shall collect and analyze information regarding the relinquishment of newborn infants and placement of children under this Act. Police stations, fire stations, emergency medical facilities, and medical professionals accepting and providing services to a newborn infant under this Act shall…
Construction of Act. Nothing in this Act shall be construed to preclude the courts of this State from exercising their discretion to protect the health and safety of children in individual cases. The best interests and welfare of a child shall be a paramount consideration in the construction and interpretation of this…
(Amendatory provisions; text omitted). (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; text omitted.)
(Amendatory provisions; text omitted). (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; text omitted.)
(Amendatory provisions; text omitted). (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; text omitted.)
(Amendatory provisions; text omitted). (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; text omitted.)
(Amendatory provisions; text omitted). (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; text omitted.)
(Amendatory provisions; text omitted). (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; text omitted.)
Effective date. This Act takes effect upon becoming law. (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)