Illinois Adoption Laws, Page 7

Infant Safe Haven Laws

Infant’s Age

Statute: Ch. 325, § 2/10

  • 72 hours or younger

Who May Relinquish the Infant

Statute: Ch. 325, § 2/15

  • Biological parent

Who May Receive the Infant

Statute: Ch. 325, § 2/20

  • Hospitals
  • Police stations
  • Fire stations
  • Emergency medical facilities

Responsibilities of the Safe Haven Provider

Statute: Ch. 325, §§ 2/20; 2/25

  • The facility accepting the child must provide all necessary emergency and medical care.
  • A hospital must evaluate whether the child is abused or neglected.
  • The hospital will have temporary custody of the child until custody is discharged to a child-placing agency or the department.
  • If the child is relinquished at a fire station, police station, or emergency medical facility, that facility must arrange transportation of the child to the nearest hospital.
  • If the fire station, police station, or emergency medical facility suspects that the child has been abused, a report must be made to child protective services.
  • If the parent returns for the child within 72 hours, the parent must be informed of the location of the child.

Immunity for the Provider

Statute: Ch. 325, § 2/27

Yes

Protection for Relinquishing Parent

Statute: Ch. 325, §§ 2/25; 2/30

  • If there is no evidence of abuse, the parent may remain anonymous.
  • Neither a child protective nor criminal investigation may be initiated solely because the newborn has been relinquished.
  • The act of relinquishment is not by itself considered abandonment or endangerment of the life or health of a child.

Effect on Parental Rights

Statute: Ch. 325, §§ 2/15; 2/50; 2/55

  • There is a presumption that by the act of relinquishment, the child's parent consents to termination of parental rights.
  • Proceedings to terminate parental rights will be initiated no sooner than 60 days after relinquishment.
  • The parent may petition for the return of custody of the child prior to termination.
  • Failure of the parent to file a claim before the termination of rights bars the parent from any future action.
  • No action to void or revoke a termination of parental rights may commence after 12 months from the date of the relinquishment.

Credits: Illinois Department of Children and Family Services
http://www.state.il.us/dcfs

 

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