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
YesProtection 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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