Illinois 2023-2024 Regular Session

Illinois House Bill HB4134 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	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. LRB103 33823 KTG 63638 b A BILL FOR 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 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. LRB103 33823 KTG 63638 b LRB103 33823 KTG 63638 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4134 Introduced , by Rep. Kevin Schmidt SYNOPSIS AS INTRODUCED:
3	3	325 ILCS 2/10 325 ILCS 2/20 325 ILCS 2/80 new 325 ILCS 2/10 325 ILCS 2/20 325 ILCS 2/80 new
4	4	325 ILCS 2/10
5	5	325 ILCS 2/20
6	6	325 ILCS 2/80 new
7	7	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.
8	8	LRB103 33823 KTG 63638 b LRB103 33823 KTG 63638 b
9	9	LRB103 33823 KTG 63638 b
10	10	A BILL FOR
11	11	HB4134LRB103 33823 KTG 63638 b HB4134 LRB103 33823 KTG 63638 b
12	12	HB4134 LRB103 33823 KTG 63638 b
13	13	1 AN ACT concerning children.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Abandoned Newborn Infant Protection Act is
17	17	5 amended by changing Sections 10 and 20 and by adding Section 80
18	18	6 as follows:
19	19	7 (325 ILCS 2/10)
20	20	8 Sec. 10. Definitions. In this Act:
21	21	9 "Abandon" has the same meaning as in the Abused and
22	22	10 Neglected Child Reporting Act.
23	23	11 "Abused child" has the same meaning as in the Abused and
24	24	12 Neglected Child Reporting Act.
25	25	13 "Child-placing agency" means a licensed public or private
26	26	14 agency that receives a child for the purpose of placing or
27	27	15 arranging for the placement of the child in a foster family
28	28	16 home or other facility for child care, apart from the custody
29	29	17 of the child's parents.
30	30	18 "Child rescue pod" means a medical device used to maintain
31	31	19 an optimal environment for the care of a newborn infant.
32	32	20 "Department" or "DCFS" means the Illinois Department of
33	33	21 Children and Family Services.
34	34	22 "Emergency medical facility" means a freestanding
35	35	23 emergency center or trauma center, as defined in the Emergency
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39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4134 Introduced , by Rep. Kevin Schmidt SYNOPSIS AS INTRODUCED:
40	40	325 ILCS 2/10 325 ILCS 2/20 325 ILCS 2/80 new 325 ILCS 2/10 325 ILCS 2/20 325 ILCS 2/80 new
41	41	325 ILCS 2/10
42	42	325 ILCS 2/20
43	43	325 ILCS 2/80 new
44	44	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.
45	45	LRB103 33823 KTG 63638 b LRB103 33823 KTG 63638 b
46	46	LRB103 33823 KTG 63638 b
47	47	A BILL FOR
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54	54	325 ILCS 2/20
55	55	325 ILCS 2/80 new
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74	74	1 Medical Services (EMS) Systems Act.
75	75	2 "Emergency medical professional" includes licensed
76	76	3 physicians, and any emergency medical technician, emergency
77	77	4 medical technician-intermediate, advanced emergency medical
78	78	5 technician, paramedic, trauma nurse specialist, and
79	79	6 pre-hospital registered nurse, as defined in the Emergency
80	80	7 Medical Services (EMS) Systems Act.
81	81	8 "Fire station" means a fire station within the State with
82	82	9 at least one staff person.
83	83	10 "Hospital" has the same meaning as in the Hospital
84	84	11 Licensing Act.
85	85	12 "Legal custody" means the relationship created by a court
86	86	13 order in the best interest of a newborn infant that imposes on
87	87	14 the infant's custodian the responsibility of physical
88	88	15 possession of the infant, the duty to protect, train, and
89	89	16 discipline the infant, and the duty to provide the infant with
90	90	17 food, shelter, education, and medical care, except as these
91	91	18 are limited by parental rights and responsibilities.
92	92	19 "Maternity home" means a residential facility located in
93	93	20 this State that:
94	94	21 (1) is established to provide housing and assistance
95	95	22 to pregnant women carrying their pregnancies to term;
96	96	23 (2) does not perform, induce, or refer for abortions;
97	97	24 (3) does not hold itself out as performing, inducing,
98	98	25 or referring for abortions;
99	99	26 (4) provides services at no cost to clients; and
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110	110	1 (5) is exempt from income taxation under the Internal
111	111	2 Revenue Code of 1986, as amended.
112	112	3 "Neglected child" has the same meaning as in the Abused
113	113	4 and Neglected Child Reporting Act.
114	114	5 "Newborn infant" means a child who a licensed physician
115	115	6 reasonably believes is 30 days old or less at the time the
116	116	7 child is initially relinquished to a hospital, police station,
117	117	8 fire station, or emergency medical facility, and who is not an
118	118	9 abused or a neglected child.
119	119	10 "Police station" means a municipal police station, a
120	120	11 county sheriff's office, a campus police department located on
121	121	12 any college or university owned or controlled by the State or
122	122	13 any private college or private university that is not owned or
123	123	14 controlled by the State when employees of the campus police
124	124	15 department are present, or any of the district headquarters of
125	125	16 the Illinois State Police.
126	126	17 "Pregnancy resource center" means a nonresidential
127	127	18 facility located in this State that:
128	128	19 (1) is established and operating primarily to provide
129	129	20 assistance to women and families with crisis pregnancies
130	130	21 or unplanned pregnancies by offering pregnancy testing,
131	131	22 counseling, emotional and material support, or other
132	132	23 similar services to encourage and assist such women and
133	133	24 families in carrying their pregnancies to term;
134	134	25 (2) is not a facility where childbirths are performed;
135	135	26 (3) does not perform, induce, or refer for abortions;
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146	146	1 (4) does not hold itself out as performing, inducing,
147	147	2 or referring for abortions;
148	148	3 (5) provides direct client services at the facility,
149	149	4 as opposed to merely providing counseling or referral
150	150	5 services by telephone;
151	151	6 (6) provides its services at no cost to its clients;
152	152	7 (7) when providing medical services, performs such
153	153	8 medical services in accordance with Illinois law; and
154	154	9 (8) is exempt from income taxation under the Internal
155	155	10 Revenue Code of 1986, as amended.
156	156	11 "Relinquish" means to bring a newborn infant, who a
157	157	12 licensed physician reasonably believes is 30 days old or less,
158	158	13 to a hospital, police station, fire station, or emergency
159	159	14 medical facility, maternity home, or pregnancy resource center
160	160	15 and to leave the infant with personnel of the facility or in a
161	161	16 child rescue pod, if the person leaving the infant does not
162	162	17 express an intent to return for the infant or states that he or
163	163	18 she will not return for the infant. In the case of a mother who
164	164	19 gives birth to an infant in a hospital, the mother's act of
165	165	20 leaving that newborn infant at the hospital (i) without
166	166	21 expressing an intent to return for the infant or (ii) stating
167	167	22 that she will not return for the infant is not a
168	168	23 "relinquishment" under this Act.
169	169	24 "Temporary protective custody" means the temporary
170	170	25 placement of a newborn infant within a hospital or other
171	171	26 medical facility out of the custody of the infant's parent.
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182	182	1 (Source: P.A. 97-293, eff. 8-11-11; 98-973, eff. 8-15-14.)
183	183	2 (325 ILCS 2/20)
184	184	3 Sec. 20. Procedures with respect to relinquished newborn
185	185	4 infants.
186	186	5 (a) Hospitals. Every hospital must accept and provide all
187	187	6 necessary emergency services and care to a relinquished
188	188	7 newborn infant, in accordance with this Act. The hospital
189	189	8 shall examine a relinquished newborn infant and perform tests
190	190	9 that, based on reasonable medical judgment, are appropriate in
191	191	10 evaluating whether the relinquished newborn infant was abused
192	192	11 or neglected.
193	193	12 The act of relinquishing a newborn infant serves as
194	194	13 implied consent for the hospital and its medical personnel and
195	195	14 physicians on staff to treat and provide care for the infant.
196	196	15 The hospital shall be deemed to have temporary protective
197	197	16 custody of a relinquished newborn infant until the infant is
198	198	17 discharged to the custody of a child-placing agency or the
199	199	18 Department.
200	200	19 (b) Fire stations and emergency medical facilities. Every
201	201	20 fire station and emergency medical facility must accept and
202	202	21 provide all necessary emergency services and care to a
203	203	22 relinquished newborn infant, in accordance with this Act.
204	204	23 The act of relinquishing a newborn infant serves as
205	205	24 implied consent for the fire station or emergency medical
206	206	25 facility and its emergency medical professionals to treat and
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217	217	1 provide care for the infant, to the extent that those
218	218	2 emergency medical professionals are trained to provide those
219	219	3 services.
220	220	4 After the relinquishment of a newborn infant to a fire
221	221	5 station or emergency medical facility, the fire station or
222	222	6 emergency medical facility's personnel must arrange for the
223	223	7 transportation of the infant to the nearest hospital as soon
224	224	8 as transportation can be arranged.
225	225	9 If the parent of a newborn infant returns to reclaim the
226	226	10 child within 72 hours after relinquishing the child to a fire
227	227	11 station or emergency medical facility, the fire station or
228	228	12 emergency medical facility must inform the parent of the name
229	229	13 and location of the hospital to which the infant was
230	230	14 transported.
231	231	15 (c) Police stations. Every police station must accept a
232	232	16 relinquished newborn infant, in accordance with this Act.
233	233	17 After the relinquishment of a newborn infant to a police
234	234	18 station, the police station must arrange for the
235	235	19 transportation of the infant to the nearest hospital as soon
236	236	20 as transportation can be arranged. The act of relinquishing a
237	237	21 newborn infant serves as implied consent for the hospital to
238	238	22 which the infant is transported and that hospital's medical
239	239	23 personnel and physicians on staff to treat and provide care
240	240	24 for the infant.
241	241	25 If the parent of a newborn infant returns to reclaim the
242	242	26 infant within 72 hours after relinquishing the infant to a
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253	253	1 police station, the police station must inform the parent of
254	254	2 the name and location of the hospital to which the infant was
255	255	3 transported.
256	256	4 (d) Maternity homes. Every maternity home must accept a
257	257	5 relinquished newborn infant, in accordance with this Act.
258	258	6 After the relinquishment of a newborn infant to a maternity
259	259	7 home, the maternity home must arrange for the transportation
260	260	8 of the infant to the nearest hospital as soon as
261	261	9 transportation can be arranged. The act of relinquishing a
262	262	10 newborn infant serves as implied consent for the hospital to
263	263	11 which the infant is transported and that hospital's medical
264	264	12 personnel and physicians on staff to treat and provide care
265	265	13 for the infant.
266	266	14 If the parent of a newborn infant returns to reclaim the
267	267	15 infant within 72 hours after relinquishing the infant to a
268	268	16 maternity home, the maternity home must inform the parent of
269	269	17 the name and location of the hospital to which the infant was
270	270	18 transported.
271	271	19 (e) Pregnancy resource centers. Every pregnancy resource
272	272	20 center must accept a relinquished newborn infant, in
273	273	21 accordance with this Act. After the relinquishment of a
274	274	22 newborn infant to a pregnancy resource center, the pregnancy
275	275	23 resource center must arrange for the transportation of the
276	276	24 infant to the nearest hospital as soon as transportation can
277	277	25 be arranged. The act of relinquishing a newborn infant serves
278	278	26 as implied consent for the hospital to which the infant is
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289	289	1 transported and that hospital's medical personnel and
290	290	2 physicians on staff to treat and provide care for the infant.
291	291	3 If the parent of a newborn infant returns to reclaim the
292	292	4 infant within 72 hours after relinquishing the infant to a
293	293	5 pregnancy resource center, the pregnancy resource center must
294	294	6 inform the parent of the name and location of the hospital to
295	295	7 which the infant was transported.
296	296	8 (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
297	297	9 93-820, eff. 7-27-04.)
298	298	10 (325 ILCS 2/80 new)
299	299	11 Sec. 80. Rulemaking. The Department may adopt all
300	300	12 necessary rules for administration of this Act, including
301	301	13 rules governing specifications, installation, maintenance, and
302	302	14 oversight of child rescue pods.
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