Illinois Adoption Laws, Page 7

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Infant Safe Haven Laws

Infant’s Age

Statute: Ch. 325, § 2/10

• 72 hours or younger
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Who May Relinquish the Infant

Statute: Ch. 325, § 2/15

• Biological parent

Statute: Ch. 325, § 2/20

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

Responsibilities of the Safe Haven Provider

• 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

Protection for Relinquishing Parent

• 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

• 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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