Information on the requirements of the Abandoned Newborn Infant Protection Act

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August 13, 2004

Abandoned Newborn Infant Protection Act

TO: Chief Executive Officers, Member Institutions
Directors, Emergency Departments
Directors, Social Services

Synopsis: Recently enacted Public Act 93-820 amends the Abandoned Newborn Infant Protection Act (Act) to add police stations to the places a parent may relinquish a newborn infant who is 7 days old or less. The parent may now relinquish a newborn to personnel of a hospital, fire station, emergency medical facility, or police station.

As a reminder of their obligations under the Act, this memo reviews the requirements for hospitals, in the case of a relinquishment.

I. BACKGROUND. In 2001, the Illinois General Assembly passed the Abandoned Newborn Infant Protection Act to provide a safe alternative to a parent who may be considering abandonment of a newborn infant. At the time it became law, the Act provided that a parent could give up a newborn infant who is 72 hours old or less, to personnel of a hospital, fire station or emergency medical facility. Provided the baby is not abused, the parent may remain anonymous, is free to leave at any time, and will not be prosecuted. Effective July 27, 2004, Public Act 93-820 adds police stations to the list of locations at which a parent may relinquish an infant. "Police station" means a municipal police station or county sheriff’s office. Personnel at the police station must arrange for the transportation of the infant to the nearest hospital. The Governor signed a bill in June, 2006 which allows a parent to relinquish an infant up to 7 days old or younger.

Because an infant may be relinquished to any hospital personnel, all personnel should be aware of its requirements. The following explanation may be helpful in informing new personnel of the law’s requirements, and to review them for current staff.

II. "Relinquished Infant." According to the Act, an infant is a relinquished infant if:

1. The infant has been left with personnel of a hospital, fire station, emergency medical facility or police station by a parent who either does not express an intent to return for the infant or states that he or she will not return for the infant; and
2. A physician reasonably believes the infant is 7 days old or less; and
3. The infant is not abused or neglected.

The relinquishing person is presumed to be the infant’s biological parent. If the parent leaves the infant at a fire station, emergency medical facility, or police station, the infant will be given emergency treatment, if necessary, and transported to the nearest hospital. For purposes of this Act, an "emergency medical facility" is a freestanding emergency center or trauma center as defined in Emergency Medical Services (EMS) Systems Act. Urgent care and convenient care centers are not included in this designation.

III. Duties of Hospital Personnel Upon Relinquishment of Infant. If a parent arrives at the hospital to relinquish a newborn infant:

1. A physician must reasonably determine if the infant is 7days old or less.

2. Hospital personnel must verbally inform the parent that by relinquishing the infant anonymously, he or she will have to petition the court in order to prevent the termination of parental rights and regain custody of the child.

3. Personnel must offer the relinquishing parent the packet of information specified in the Act and if possible, clearly inform the parent that:
- His or her acceptance of the information is completely voluntary;
- Completion of the Illinois Adoption Registration form and Medical Information Exchange form is voluntary;
- A Denial of Information Exchange form may be completed which would allow the relinquishing parent to remain anonymous to the infant and other parties involved in the infant’s subsequent adoption;
- The parent may provide medical information only and still remain anonymous.

4. Personnel must mail completed forms to the Department of Public Health, if the parent so requests.

5. Personnel must examine the infant and provide emergency care, if needed.

6. The hospital must take temporary protective custody of the infant.

7. Within 12 hours after accepting a newborn infant, hospital personnel must report to the DCFS Central Registry that a newborn has been relinquished under the Abandoned Newborn Infant Protection Act. Reporting in this manner will alert DCFS personnel to begin contacting child-placing agencies, as opposed to following standard procedures where a report of suspected abuse is made, under the Abused and Neglected Child Reporting Act.

IV. Anonymity and Immunity of the Relinquishing Parent (Sections 25 and 30). If there is no outward evidence of abuse or neglect of the relinquished infant, the parent has the right to remain anonymous and to leave the hospital, fire station, emergency medical facility, or police station at any time. If abuse or neglect is later suspected, for example, as a result of tests performed on the infant, then the hospital must report it, as described below. The parent will not be prosecuted for the relinquishment, unless the infant was abused or neglected.

V. Evaluating and Providing Care to a Relinquished Infant (Section 20). The act of relinquishing a newborn infant serves as implied consent for the hospital to provide care to the infant. The hospital must accept and provide all necessary emergency services to a relinquished infant, and shall examine the infant and perform tests that, based on reasonable medical judgment, are appropriate in evaluating whether the relinquished newborn infant was abused or neglected.

VI. Reporting Suspected Abuse or Neglect (Section 25). If there is suspected child abuse or neglect, not based solely on the infant’s relinquishment, hospital personnel must report that to the DCFS Central Registry, using the current process for making such a report.

VII. Placement of the Infant (Sections 40 and 50). Upon notice from the hospital that an infant has been relinquished, DCFS must contact, on a rotating basis, agencies from its list of licensed child-placing agencies willing to take legal custody of relinquished newborn infants. An agency must accept the infant, if it has the accommodations to do so. If no child-placing agency can accept the infant, DCFS must assume responsibility for the infant.

VIII. Payment for Hospital Services (Section 45). Public Aid will reimburse the hospital for medical services to the infant as well as for any days beyond medically necessary days that the hospital has custody of a relinquished infant.

IX. Immunity for Hospital and Personnel (Section 27). The hospital and its personnel are immune from criminal or civil liability for acting in good faith under the Act, but remain liable for negligent care and medical treatment.

X. Packet of Information for Relinquishing Parent (Section 35). Hospitals, fire stations, emergency medical facilities and police stations must offer a packet of information to a relinquishing parent. PLEASE USE THE FORMS PROVIDED HERE. THEY ARE ALSO LOCATED ON THE DEPARTMENT OF PUBLIC HEALTH WEBSITE AT http://www.idph.state.il.us. Click on A-Z topics list, then "Abandoned Newborn Infant Protection Act" and "Adoption Registry and Medical Information Exchange Brochure."

The packet offered to a parent must include all of the following:

(1) 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.

(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, fire station, police 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. (Each hospital should develop its own list of local service providers.)

XI. Potential Questions. Following are some potential questions regarding the requirements of the Act.

1. What should hospital personnel do if a physician reasonably believes the infant is more than 7 days old, or the infant has obviously been abused or neglected?

The Act provides that if an infant is more than 7 days old, or has been abused or neglected, the hospital must proceed as if the child is an abused or neglected child. This means that the hospital must report to the DCFS Central Registry under the Abused and Neglected Child Reporting Act.

Although this report to DCFS is all that is required under the Abandoned Newborn Infant Protection Act, refusing to take the infant from a parent who wishes to relinquish him or her could possibly result in harm to the infant. The hospital would most likely act in the best interests of the child if the physician were to take temporary protective custody of the child, as permitted under the Abused and Neglected Child Reporting Act, when the physician has reason to believe that the child’s health or safety would be endangered.

2. What if a parent returns to the hospital to reclaim the infant?

The Act provides a method for a parent to reclaim custody of the infant. If a relinquishing parent or someone else comes to the hospital intending to reclaim the infant, hospital personnel should remind the parent that in order to get the baby back, they must contact DCFS to find out the appropriate court in which to file a petition for return of custody. Hospital personnel may allow the parent to view the infant and may discuss the infant’s condition with the parent, but should state that the hospital must comply with the law’s requirements.

XII. Resources. The complete text of P.A. 93-820 is available at http://www.legis.state.il.us/legislation/publicacts/fulltext.asp?Name=093-0820&print=true.

A. To obtain the application forms for the Illinois Adoption Registry and Medical Information Exchange:
- Print the forms from Dept. of Public Health website at http://www.idph.state.il.us.
- E-mail a request for forms to mailus@idph.state.il.us.
- Call the Adoption Registry toll-free for Illinois residents: 877.323.5299 or 217.557.5160.
- Fax a request for forms to 217.557.5279.
- Mail a request to Illinois Department of Public Health, Illinois Adoption Registry and Medical Information Exchange, Division of Vital Records, 605 W. Jefferson St., Springfield, IL 62702-5097.

- B. To obtain the Adoption Registry Brochure in color brochure format, contact the Adoption Registry, as indicated above, and request the information be mailed to you.

C. To obtain brochures explaining the option for safe abandonment under the Abandoned Newborn Infant Protection Act, you may download them from the Department of Children and Family Services (DCFS) website at http://www.state.il.us/dcfs/library/com_communications_sumlicen_abinfant.html.

Placing the brochures in the emergency room and hospital waiting areas will help to raise awareness of the law, which is essential to saving more infants from unsafe abandonment or death.