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Public Act 094-0941
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| SB2913 Enrolled |
LRB094 19160 DRJ 54692 b |
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AN ACT concerning children.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Abandoned Newborn Infant Protection Act is |
amended by changing Sections 10 and 60 as follows:
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(325 ILCS 2/10)
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Sec. 10. Definitions. In this Act:
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"Abandon" has the same meaning as in the Abused and |
Neglected
Child Reporting Act.
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"Abused child" has the same meaning as in the Abused and |
Neglected
Child Reporting Act.
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"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.
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"Department" or "DCFS" means the Illinois Department of |
Children and
Family Services.
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"Emergency medical facility" means a freestanding |
emergency center or
trauma center, as defined in the Emergency |
Medical Services (EMS) Systems
Act.
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"Emergency medical professional" includes licensed |
physicians, and any
emergency medical technician-basic, |
emergency medical
technician-intermediate, emergency medical |
technician-paramedic,
trauma nurse specialist, and |
pre-hospital RN, as defined in the
Emergency Medical Services |
(EMS) Systems Act.
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"Fire station" means a fire station within the State that |
is staffed
with at least one full-time emergency medical |
professional.
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"Hospital" has the same meaning as in the Hospital |
Licensing Act.
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"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.
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"Neglected child" has the same meaning as in the Abused and
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Neglected Child Reporting Act.
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"Newborn infant" means a child who a licensed physician |
reasonably
believes is 7 days
72 hours 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.
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"Police station" means a municipal police station or a |
county sheriff's
office.
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"Relinquish" means to bring a newborn infant, who a
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licensed physician reasonably believes is 7 days
72 hours old |
or 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'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.
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"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.
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(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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(325 ILCS 2/60)
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Sec. 60. Department's duties. The Department must |
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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 7 days
72 hours of age
and which
provides for the |
parent's
anonymity, if the parent so chooses.
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(2) The alternative of adoption
through a public or |
private agency, in which the parent's identity may or may
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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.
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The public information program may include, but
need
not be |
limited to, the
following elements:
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(i) Educational and informational materials in print, |
audio, video,
electronic or other media.
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(ii) Establishment of a web site.
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(iii) Public service announcements and advertisements.
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(iv) Establishment of toll-free
telephone
hotlines to |
provide information.
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(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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