Bill Text: IL HB4134 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Abandoned Newborn Infant Protection Act. Adds maternity homes and pregnancy resource centers to the list of facilities that must accept a relinquished newborn infant in accordance with the Act. Expands the definition of "relinquish" to include bringing a newborn infant to a maternity home or pregnancy resource center or leaving an infant in a child rescue pod. Defines "maternity home", "pregnancy resource center", and "child pod". Provides that after a newborn infant is relinquished to a maternity home or pregnancy resource center, the facility must arrange for the transportation of the infant to the nearest hospital as soon as transportation can be arranged. Provides that 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. Provides that if the parent of a newborn infant returns to the maternity home or pregnancy resource center to reclaim the infant within 72 hours after relinquishment, the maternity home or pregnancy resource center must inform the parent of the name or location of the hospital to which the infant was transported. Authorizes the Department of Children and Family Services to adopt all necessary rules for the administration of the Act, including rules governing specifications, installation, maintenance, and oversight of child rescue pods.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4134 Detail]

Download: Illinois-2023-HB4134-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4134 Introduced , by Rep. Kevin Schmidt SYNOPSIS AS INTRODUCED:
325 ILCS 2/10
325 ILCS 2/20
325 ILCS 2/80 new
Amends the Abandoned Newborn Infant Protection Act. Adds maternity homes and pregnancy resource centers to the list of facilities that must accept a relinquished newborn infant in accordance with the Act. Expands the definition of "relinquish" to include bringing a newborn infant to a maternity home or pregnancy resource center or leaving an infant in a child rescue pod. Defines "maternity home", "pregnancy resource center", and "child pod". Provides that after a newborn infant is relinquished to a maternity home or pregnancy resource center, the facility must arrange for the transportation of the infant to the nearest hospital as soon as transportation can be arranged. Provides that 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. Provides that if the parent of a newborn infant returns to the maternity home or pregnancy resource center to reclaim the infant within 72 hours after relinquishment, the maternity home or pregnancy resource center must inform the parent of the name or location of the hospital to which the infant was transported. Authorizes the Department of Children and Family Services to adopt all necessary rules for the administration of the Act, including rules governing specifications, installation, maintenance, and oversight of child rescue pods.
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A BILL FOR
HB4134 LRB103 33823 KTG 63638 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 10 and 20 and by adding Section 80
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.
"Child rescue pod" means a medical device used to maintain
an optimal environment for the care of a newborn infant.
"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

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Medical Services (EMS) Systems Act.
"Emergency medical professional" includes licensed
physicians, and any emergency medical technician, emergency
medical technician-intermediate, advanced emergency medical
technician, paramedic, trauma nurse specialist, and
pre-hospital registered nurse, 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.
"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.
"Maternity home" means a residential facility located in
this State that:
(1) is established to provide housing and assistance
to pregnant women carrying their pregnancies to term;
(2) does not perform, induce, or refer for abortions;
(3) does not hold itself out as performing, inducing,
or referring for abortions;
(4) provides services at no cost to clients; and

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(5) is exempt from income taxation under the Internal
Revenue Code of 1986, as amended.
"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 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, a
county sheriff's office, a campus police department located on
any college or university owned or controlled by the State or
any private college or private university that is not owned or
controlled by the State when employees of the campus police
department are present, or any of the district headquarters of
the Illinois State Police.
"Pregnancy resource center" means a nonresidential
facility located in this State that:
(1) is established and operating primarily to provide
assistance to women and families with crisis pregnancies
or unplanned pregnancies by offering pregnancy testing,
counseling, emotional and material support, or other
similar services to encourage and assist such women and
families in carrying their pregnancies to term;
(2) is not a facility where childbirths are performed;
(3) does not perform, induce, or refer for abortions;

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(4) does not hold itself out as performing, inducing,
or referring for abortions;
(5) provides direct client services at the facility,
as opposed to merely providing counseling or referral
services by telephone;
(6) provides its services at no cost to its clients;
(7) when providing medical services, performs such
medical services in accordance with Illinois law; and
(8) is exempt from income taxation under the Internal
Revenue Code of 1986, as amended.
"Relinquish" means to bring a newborn infant, who a
licensed physician reasonably believes is 30 days old or less,
to a hospital, police station, fire station, or emergency
medical facility, maternity home, or pregnancy resource center
and to leave the infant with personnel of the facility or in a
child rescue pod, 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.
"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. 97-293, eff. 8-11-11; 98-973, eff. 8-15-14.)
(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.
(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

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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 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 returns to reclaim the
infant within 72 hours after relinquishing the infant to a

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police station, the police station must inform the parent of
the name and location of the hospital to which the infant was
transported.
(d) Maternity homes. Every maternity home must accept a
relinquished newborn infant, in accordance with this Act.
After the relinquishment of a newborn infant to a maternity
home, the maternity home 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 returns to reclaim the
infant within 72 hours after relinquishing the infant to a
maternity home, the maternity home must inform the parent of
the name and location of the hospital to which the infant was
transported.
(e) Pregnancy resource centers. Every pregnancy resource
center must accept a relinquished newborn infant, in
accordance with this Act. After the relinquishment of a
newborn infant to a pregnancy resource center, the pregnancy
resource center 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

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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 returns to reclaim the
infant within 72 hours after relinquishing the infant to a
pregnancy resource center, the pregnancy resource center must
inform the parent of 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 2/80 new)
Sec. 80. Rulemaking. The Department may adopt all
necessary rules for administration of this Act, including
rules governing specifications, installation, maintenance, and
oversight of child rescue pods.