Sample Police Station  Protocol

Abandoned Infant – Police Station (SB 2583, Trotter) 

On July 27, 2004, Governor Blagojevich signed SB 2583 into law effective immediately.  This Public Act adds police stations to the already approved safe havens of hospitals, medical emergency facilities, and manned fire stations where infants can be safely abandoned by their parents.  A law was passed in 2001 that allows parents to leave a child 72 hours or younger at a safe haven and remain immune to criminal prosecution for abandonment.  For further information, please see the March 19, 2004 Illinois Chief’s Fax Alert. In June, 2006 the Governor signed SB2913 extending the time a parent has to safely relinquish an infant to 7 days old or younger.

With the assistance of the Save Abandoned Babies Foundation, the IACP has prepared the following model policy for police departments to consider.  It is recommended that police departments use this model policy as a starter guide and make any changes that would be appropriate for your particular department.  It is also recommended that all police department personnel receive training regarding the Abandoned Newborn Infant Protection Act.  Because law enforcement personnel serve a crucial role in the investigation of abandoned infants and child abuse, it is important for all personnel to understand the exceptions to this Act.

The law requires that 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.  A criminal investigation may not be initiated solely because a newborn infant is relinquished pursuant to this Act unless there is evidence that the child is not 7 days old or less, or if there is evidence of abuse or child neglect.  Upon receiving a newborn infant, law enforcement personnel should make a physical appraisal of the condition of the infant and if any signs of abuse or neglect are noted, the relinquishing person should be held until an investigation can be completed.  Copies of legislation may be obtained by visiting the Illinois General Assembly’s web page, www.legis.state.il.us.

Compliance with the Abandoned Newborn Infant Protection Act 

I.                    PURPOSE:

This Order:

A)    Establishes procedures, consistent with the mandates of the Abandoned Newborn Infant Protection Act (the Act), to be followed in the event that an infant is abandoned at a police station.

B)     Ensures police departments’ compliance with the Abandoned Newborn Infant Protection Act; and

C)    Becomes effective immediately.

II.                 POLICY: 

A)    The Illinois General Assembly has created the Newborn Infant Protection Act (the Act) which establishes procedures to be followed when a parent relinquishes a newborn infant (7 days old or younger) to a hospital or other “facility”.  The Act specifically designates police stations as such a “facility” under the Act.  “Police station” means a municipal police station or a county sheriff’s office.

B)     The Act is intended to enable the parent(s) of a newborn to relinquish the infant to a safe environment, to remain anonymous and to avoid civil or criminal liability for relinquishing the infant.

C)    Pursuant to the Act, every police station within the State of Illinois must:

1.      accept and provide all necessary emergency services and care to a relinquished newborn infant, in accordance with this Act;

2.      arrange for the transportation of the relinquished infant to the nearest hospital as soon as possible;

3.      inform the parent of the name and location of the hospital to which the infant was transported, if the parent returns to the police station within 72 hours after relinquishing the infant;

4.      allow the relinquishing parent to remain anonymous and to leave the police station without being pursued, provided that the infant shows no sign of abuse or neglect.  Law enforcement personnel should make a physical appraisal of the condition of the infant and if any signs of abuse or neglect are observed, the relinquishing parent should be held until an investigation can be completed;

5.      tell the parent that by relinquishing the child anonymously, he/she will have to petition the court if he/she wants to prevent the termination of parental rights and retain custody;

6.      **offer the parent an information packet containing prescribed materials; and

7.      make a report to the state within 12 hours of accepting a relinquished newborn.

III.               PROCEDURES AND RESPONSIBILITIES

These procedures should restate Section II, C, 1-7 with specific information regarding who in the department is responsible for these actions.  Information should also be included regarding the specific documentation to be included; the reporting procedures followed by the specific police department and any applicable state agency telephone numbers (DCFS) and local hospital/ER telephone numbers.  This could vary from department to department depending on size and available resources.

** Information packet forms to be given to relinquishing parent(s) can be found at http://state.il.us/dcfs/library/com_communications_sumlicen_abinfant.shtml or at www.saveabandonedbabies.org