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Safe Place for Newborns
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Safe Place
for Newborns:
Mission
Key Tenets
FAQ
Hospitals:
Medical Questionnaire
For Hospitals
Helping out:
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Guide to Starting a Program
How You Can Help
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You can leave your baby, up to 3 days old, with a staff member at any hospital, fire station or police station in Illinois - no questions asked. |
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If I want to leave my baby, where can I go?
You may go to any hospital or fire station in the state of Illinois and leave your baby with an employee. Hospital employees usually wear name badges, either clipped to a pocket, or hanging from their neck Fire rescue station personnel are usually in uniform.
It is important to understand that the new law requires that if you wish to use the program, you must leave your baby with a person, and not, for example, in a bathroom at a hospital. Newborn children need lots of tender care.
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Do I have to take my baby to the closest place?
No, you can take your baby to any of the places mentioned in the question above.
If you aren’t sure where the hospitals are in Illinois, scroll down this page and click on the link that says, "Click Here to Find a Hospital in Illinois." This link will bring you to a list of hospitals, organized by city. Click on the city that you wish to go to to see a list of hospitals in that city. The list includes the address and telephone number of each hospital.
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How long can I wait before I take my baby to the hospital?
Your baby can be up to 3 days old.
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Do I have to take my baby to the hospital, or can I ask someone else?
According to the new law, a parent (click to see law) can leave their newborn at a hospital.
Back to TopWhat will the people at the hospital ask me? Do I have to leave my name?
First of all, it's important for you to know that you don't have to tell the people at the hospital your name, (click to see law) or anything else. It is also important to understand that no one is going to try to find out who you are.
The people at the hospital will probably ask you a few questions. Remember, no one is trying to trap you, or discover your identity. Each hospital will do things a little differently, but most will offer you the opportunity to provide some health information. This background, called a "medical history," will be incredibly valuable for your baby as he or she grows up. If you like, you could download a Medical History questionnaire from this website and fill it out before you take your baby in. This information will not be made public, but will be put in your baby’s records, and may help answer health questions in the future.
The hospital may also offer you some information (click to read law) in a packet, and explain a few tings to you. Again, no one is trying to stop you, but rather provide you with information that may be helpful to you. Whatever information you provide to the person receiving your child will be kept strictly confidential. Confidentiality is as important to the person receiving your child as it is to you.
When you're scared, it can be hard to believe that there are people out there who care and want to help, but you know what? There are people out there who care and want to help you. Back to Top
Is it true that the police will not be called?
The new law says that if you choose to use the new law and leave your unharmed newborn with an employee at a hospital or fire station, you are promised immunity. That means you will not be prosecuted (click to read law) if you use the program.
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What happens to my baby after I leave the hospital?
The hospital will take care of any medical needs your baby may have. They will then contact the Illinois State Department of Registry. The Department will place your baby in foster care - if possible, that home will be a prospective adoptive home. So many wonderful people are ready and waiting to receive a child into their home through adoption.
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What if I change my mind and want my baby back?
This question brings up an important point. When you relinquish your baby at a hospital, you are also releasing your parental rights (click to read law).
If you change your mind, and want to speak with someone about the possibility of regaining custody, you can contact the county where you brought your baby. If you don’t know what county the hospital is in, you can look it up on the Web, or simply call the hospital and ask. The new law says that you have 60 days to petition to regain custody of your baby. Read the law to learn more about this process.
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Where are the hospitals in Illinois?
This link will bring you to a list of Illinois cities that have hospitals, with links to the address and telephone number of the hospital(s). Use your web browser "back" button to return to this site.
Hospitals in Illinois
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Tell me about the Crisis Line?
The Telephone Crisis lines are available 24 hours a day, 7 days a week. If you would like to speak with someone, call the Illinois Department of Children and Family Services::
1-800-252-2873 or 1-877-440-2229 Back to Top
In Illinois, you can contact Save Abandoned Babies at Save Abandoned Babies Foundation
2125 Valley Road Web page: www.saveabandonedbabies.org
To contact Safe Place for Newborns in Minnesota:
Laure Krupp, Executive Director, Safe Place for Newborns 120 South Sixth Street Suite 1150 Minneapolis, MN 55402 (612) 317-2895 (612) 317-2899 fax Email: safeplace@safeplacefornewborns.com Web Page: http://www.safeplacefornewborns.com
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Public Act 92-0432 Section 1. Short title. This Act may be cited as the Abandoned Newborn Infant Protection Act.
Section 5. Public policy. Illinois recognizes that newborn infants have been abandoned to the environment or to other circumstances that may be unsafe to the newborn infant. These circumstances have caused injury and death to newborn infants and give rise to potential civil or criminal liability to parents who may be under severe emotional distress. This Act is intended to provide a mechanism for a newborn infant to be relinquished to a safe environment and for the parents of the infant to remain anonymous if they choose and to avoid civil or criminal liability for the act of relinquishing the infant. It is recognized that establishing an adoption plan is preferable to relinquishing a child using the procedures outlined in this Act, but to reduce the chance of injury to a newborn infant, this Act provides a safer alternative. A public information campaign on this delicate issue shall be implemented to encourage parents considering abandonment of their newborn child to relinquish the child under the procedures outlined in this Act, to choose a traditional adoption plan, or to parent a child themselves rather than place the newborn infant in harm's way.
Section 10. Definitions. In this Act: "Abandon" has the same meaning as in the Abused and Neglected Child Reporting Act. "Abused child" has the same meaning as in the Abused and Neglected Child Reporting Act. "Child-placing agency" means a licensed public or private agency that receives a child for the purpose of placing or arranging for the placement of the child in a foster family home or other facility for child care, apart from the custody of the child's parents. "Department" or "DCFS" means the Illinois Department of Children and Family Services. "Emergency medical facility" means a freestanding emergency center or trauma center, as defined in the Emergency Medical Services (EMS) Systems Act. "Emergency medical professional" includes licensed physicians, and any emergency medical technician-basic, emergency medical technician-intermediate, emergency medical technician-paramedic, trauma nurse specialist, and pre-hospital RN, as defined in the Emergency Medical Services (EMS) Systems Act. "Fire station" means a fire station within the State that is staffed with at least one full-time emergency medical professional. "Hospital" has the same meaning as in the Hospital Licensing Act. "Legal custody" means the relationship created by a court order in the best interest of a newborn infant that imposes on the infant's custodian the responsibility of physical possession of the infant, the duty to protect, train, and discipline the infant, and the duty to provide the infant with food, shelter, education, and medical care, except as these are limited by parental rights and responsibilities. "Neglected child" has the same meaning as in the Abused and Neglected Child Reporting Act. "Newborn infant" means a child who a licensed physician reasonably believes is 72 hours old or less at the time the child is initially relinquished to a hospital, fire station, or emergency medical facility, and who is not an abused or a neglected child. "Relinquish" means to bring a newborn infant, who a licensed physician reasonably believes is 72 hours old or less, to a hospital, fire station, or emergency medical facility and to leave the infant with personnel of the facility, if the person leaving the infant does not express an intent to return for the infant or states that he or she will not return for the infant. In the case of a mother who gives birth to an infant in a hospital, the mother's act of leaving that newborn infant at the hospital (i) without expressing an intent to return for the infant or (ii) stating that she will not return for the infant is not a "relinquishment" under this Act. "Temporary protective custody" means the temporary placement of a newborn infant within a hospital or other medical facility out of the custody of the infant's parent.
Section 15. Presumptions. (a) There is a presumption that by relinquishing a newborn infant in accordance with this Act, the infant's parent consents to the termination of his or her parental rights with respect to the infant. (b) There is a presumption that a person relinquishing a newborn infant in accordance with this Act: (1) is the newborn infant's biological parent; and (2) either without expressing an intent to return for the infant or expressing an intent not to return for the infant, did intend to relinquish the infant to the hospital, fire station, or emergency medical facility to treat, care for, and provide for the infant in accordance with this Act. (c) A parent of a relinquished newborn infant may rebut the presumption set forth in either subsection (a) or subsection (b) pursuant to Section 55, at any time before the termination of the parent's parental rights.
Section 20. Procedures with respect to relinquished newborn infants. (a) Hospitals. Every hospital must accept and provide all necessary emergency services and care to a relinquished newborn infant, in accordance with this Act. The hospital shall examine a relinquished newborn infant and perform tests that, based on reasonable medical judgment, are appropriate in evaluating whether the relinquished newborn infant was abused or neglected. The act of relinquishing a newborn infant serves as implied consent for the hospital and its medical personnel and physicians on staff to treat and provide care for the infant.The hospital shall be deemed to have temporary protective custody of a relinquished newborn infant until the infant is discharged to the custody of a child-placing agency or the Department. (b) Fire stations and emergency medical facilities. Every fire station and emergency medical facility must accept and provide all necessary emergency services and care to a relinquished newborn infant, in accordance with this Act. The act of relinquishing a newborn infant serves as implied consent for the fire station or emergency medical facility and its emergency medical professionals to treat and provide care for the infant, to the extent that those emergency medical professionals are trained to provide those services. After the relinquishment of a newborn infant to a fire station or emergency medical facility, the fire station or emergency medical facility's personnel must arrange for the transportation of the infant to the nearest hospital as soon as transportation can be arranged. If the parent of a newborn infant returns to reclaim the child within 72 hours after relinquishing the child to a fire station or emergency medical facility, the fire station or emergency medical facility must inform the parent of the name and location of the hospital to which the infant was transported.
Section 25. Immunity for relinquishing person. (a) The act of relinquishing a newborn infant to a hospital, fire station, or emergency medical facility in accordance with this Act does not, by itself, constitute a basis for a finding of abuse, neglect, or abandonment of the infant pursuant to the laws of this State nor does it, by itself, constitute a violation of Section 12-21.5 or 12-21.6 of the Criminal Code of 1961. (b) If there is suspected child abuse or neglect that is not based solely on the newborn infant's relinquishment to a hospital, fire station, or emergency medical facility, the personnel of the hospital, fire station, or emergency medical facility who are mandated reporters under the Abused and Neglected Child Reporting Act must report the abuse or neglect pursuant to that Act. (c) Neither a child protective investigation nor a criminal investigation may be initiated solely because a newborn infant is relinquished pursuant to this Act.
Section 27. Immunity of facility and personnel. A hospital, fire station, or emergency medical facility, and any personnel of a hospital, fire station, or emergency medical facility, are immune from criminal or civil liability for acting in good faith in accordance with this Act. Nothing in this Act limits liability for negligence for care and medical treatment.
Section 30. Anonymity of relinquishing person. If there is no evidence of abuse or neglect of a relinquished newborn infant, the relinquishing person has the right to remain anonymous and to leave the hospital, fire station, or emergency medical facility at any time and not be pursued or followed. Before the relinquishing person leaves the hospital, fire station, or emergency medical facility, the hospital, fire station, or emergency medical facility personnel shall i) verbally inform the relinquishing person that by relinquishing the child anonymously, he or she will have to petition the court if he or she desires to prevent the termination of parental rights and regain custody of the child and ii) shall offer the relinquishing person the information packet described in Section 35 of this Act. However, nothing in this Act shall be construed as precluding the relinquishing person from providing his or her identity or completing the application forms for the Illinois Adoption Registry and Medical Information Exchange and requesting that the hospital, fire station, or emergency medical facility forward those forms to the Illinois Adoption Registry and Medical information Exchange.
Section 35. Information for relinquishing person. A hospital, fire station, or emergency medical facility that receives a newborn infant relinquished in accordance with this Act must offer an information packet to the relinquishing person and, if possible, must clearly inform the relinquishing person that his or her acceptance of the information is completely voluntary, that registration with the Illinois Adoption Registry and Medical Information Exchange is voluntary, that the person will remain anonymous if he or she completes a Denial of Information Exchange, and that the person has the option to provide medical information only and still remain anonymous. The information packet 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, 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. Upon request, the Department of Public Health shall provide the application forms for the Illinois Adoption Registry and Medical Information Exchange to hospitals, fire stations, and emergency medical facilities.
Section 40. Reporting requirements. (a) Within 12 hours after accepting a newborn infant from a relinquishing person or from a fire station or emergency medical facility in accordance with this Act, a hospital must report to the Department's State Central Registry for the purpose of transferring physical custody of the infant from the hospital to either a child-placing agency or the Department. (b) Within 24 hours after receiving a report under subsection (a), the Department must request assistance from law enforcement officials to investigate the matter using the National Crime Information Center to ensure that the relinquished newborn infant is not a missing child. (c) Once a hospital has made a report to the Department under subsection (a), the Department must arrange for a licensed child-placing agency to accept physical custody of the relinquished newborn infant. (d) If a relinquished child is not a newborn infant as defined in this Act, the hospital and the Department must proceed as if the child is an abused or neglected child.
Section 45. Medical assistance. Notwithstanding any other provision of law, a newborn infant relinquished in accordance with this Act shall be deemed eligible for medical assistance under the Illinois Public Aid Code, and a hospital providing medical services to such an infant shall be reimbursed for those services in accordance with the payment methodologies authorized under that Code. In addition, for any day that a hospital has custody of a newborn infant relinquished in accordance with this Act and the infant does not require medically necessary care, the hospital shall be reimbursed by the Illinois Department of Public Aid at the general acute care per diem rate, in accordance with 89 Ill. Adm. Code 148.270(c).
Section 50. Child-placing agency procedures. (a) The Department's State Central Registry must maintain a list of licensed child-placing agencies willing to take legal custody of newborn infants relinquished in accordance with this Act. The child-placing agencies on the list must be contacted by the Department on a rotating basis upon notice from a hospital that a newborn infant has been relinquished in accordance with this Act. (b) Upon notice from the Department that a newborn infant has been relinquished in accordance with this Act, a child-placing agency must accept the newborn infant if the agency has the accommodations to do so. The child-placing agency must seek an order for legal custody of the infant upon its acceptance of the infant. (c) Within 3 business days after assuming physical custody of the infant, the child-placing agency shall file a petition in the division of the circuit court in which petitions for adoption would normally be heard. The petition shall allege that the newborn infant has been relinquished in accordance with this Act and shall state that the child-placing agency intends to place the infant in an adoptive home. (d) If no licensed child-placing agency is able to accept the relinquished newborn infant, then the Department must assume responsibility for the infant as soon as practicable. (e) A custody order issued under subsection (b) shall remain in effect until a final adoption order based on the relinquished newborn infant's best interests is issued in accordance with this Act and the Adoption Act. (f) When possible, the child-placing agency must place a relinquished newborn infant in a prospective adoptive home. (g) The Department or child-placing agency must initiate proceedings to (i) terminate the parental rights of the relinquished newborn infant's known or unknown parents, (ii) appoint a guardian for the infant, and (iii) obtain consent to the infant's adoption in accordance with this Act no sooner than 60 days following the date of the initial relinquishment of the infant to the hospital, fire station, or emergency medical facility. (h) Before filing a petition for termination of parental rights, the Department or child-placing agency must do the following: (1) Search its Putative Father Registry for the purpose of determining the identity and location of the putative father of the relinquished newborn infant who is, or is expected to be, the subject of an adoption proceeding, in order to provide notice of the proceeding to the putative father. At least one search of the Registry must be conducted, at least 30 days after the relinquished newborn infant's estimated date of birth; earlier searches may be conducted, however. Notice to any potential putative father discovered in a search of the Registry according to the estimated age of the relinquished newborn infant must be in accordance with Section 12a of the Adoption Act. (2) Verify with law enforcement officials, using the National Crime Information Center, that the relinquished newborn infant is not a missing child.
Section 55. Petition for return of custody. (a) A parent of a newborn infant relinquished in accordance with this Act may petition for the return of custody of the infant before the termination of parental rights with respect to the infant. (b) A parent of a newborn infant relinquished in accordance with this Act may petition for the return of custody of the infant by contacting the Department for the purpose of obtaining the name of the child-placing agency and then filing a petition for return of custody in the circuit court in which the proceeding for the termination of parental rights is pending. (c) If a petition for the termination of parental rights has not been filed by the Department or the child-placing agency, the parent of the relinquished newborn infant must contact the Department, which must notify the parent of the appropriate court in which the petition for return of custody must be filed. (d) The circuit court may hold the proceeding for the termination of parental rights in abeyance for a period not to exceed 60 days from the date that the petition for return of custody was filed without a showing of good cause. During that period: (1) The court shall order genetic testing to establish maternity or paternity, or both. (2) The Department shall conduct a child protective investigation and home study to develop recommendations to the court. (3) When indicated as a result of the Department's investigation and home study, further proceedings under the Juvenile Court Act of 1987 as the court determines appropriate, may be conducted. However, relinquishment of a newborn infant in accordance with this Act does not render the infant abused, neglected, or abandoned solely because the newborn infant was relinquished to a hospital, fire station, or emergency medical facility in accordance with this Act. (e) Failure to file a petition for the return of custody of a relinquished newborn infant before the termination of parental rights bars any future action asserting legal rights with respect to the infant unless the parent's act of relinquishment that led to the termination of parental rights involved fraud perpetrated against and not stemming from or involving the parent. No action to void or revoke the termination of parental rights of a parent of a newborn infant relinquished in accordance with this Act, including an action based on fraud, may be commenced after 12 months after the date that the newborn infant was initially relinquished to a hospital, fire station, or emergency medical facility.
Section 60. Department's duties. The Department must implement a public information program to promote safe placement alternatives for newborn infants. The public information program must inform the public of the following: (1) The relinquishment alternative provided for in this Act, which results in the adoption of a newborn infant under 72 hours of age and which provides for the parent's anonymity, if the parent so chooses. (2) The alternative of adoption through a public or private agency, in which the parent's identity may or may not be known to the agency, but is kept anonymous from the adoptive parents, if the birth parent so desires, and which allows the parent to be actively involved in the child's adoption plan. The public information program may include, but need not be limited to, the following elements: (i) Educational and informational materials in print, audio, video, electronic or other media. (ii) Establishment of a web site. (iii) Public service announcements and advertisements. (iv) Establishment of toll-free telephone hotlines to provide information.
Section 65. Evaluation. (a) The Department shall collect and analyze information regarding the relinquishment of newborn infants and placement of children under this Act. Fire stations, emergency medical facilities, and medical professionals accepting and providing services to a newborn infant under this Act shall report to the Department data necessary for the Department to evaluate and determine the effect of this Act in the prevention of injury or death of newborn infants. Child-placing agencies shall report to the Department data necessary to evaluate and determine the effectiveness of these agencies in providing child protective and child welfare services to newborn infants relinquished under this Act. (b) The information collected shall include, but need not be limited to: the number of newborn infants relinquished; the services provided to relinquished newborn infants; the outcome of care for the relinquished newborn infants; the number and disposition of cases of relinquished newborn infants subject to placement; the number of children accepted and served by child-placing agencies; and the services provided by child-placing agencies and the disposition of the cases of the children placed under this Act. (c) The Department shall submit a report by January 1, 2002, and on January 1 of each year thereafter, to the Governor and General Assembly regarding the prevention of injury or death of newborn infants and the effect of placements of children under this Act. The report shall include, but need not be limited to, a summary of collected data, an analysis of the data and conclusions regarding the Act's effectiveness, a determination whether the purposes of the Act are being achieved, and recommendations for changes that may be considered necessary to improve the administration and enforcement of this Act.
Section 70. Construction of Act. Nothing in this Act shall be construed to preclude the courts of this State from exercising their discretion to protect the health and safety of children in individual cases. The best interests and welfare of a child shall be a paramount consideration in the construction and interpretation of this Act. It is in the child's best interests that this Act be construed and interpreted so as not to result in extending time limits beyond those set forth in this Act.
Section 75. Repeal. This Act is repealed on July 1, 2007.
Section 90. The Illinois Public Aid Code is amended by changing Section 4-1.2 as follows: (305 ILCS 5/4-1.2) (from Ch. 23, par. 4-1.2) Sec. 4-1.2. Living Arrangements - Parents - Relatives - Foster Care. (a) The child or children must (1) be living with his or their father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle or aunt, or other relative approved by the Illinois Department, in a place of residence maintained by one or more of such relatives as his or their own home, or (2) have been (a) removed from the home of the parents or other relatives, or (3) have been relinquished in accordance with the Abandoned Newborn Infant Protection Act.
Section 92 The Abused and Neglected Child Reporting Act is amended by changing Section 3 as follows: "Abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent: … A child shall not be considered abused for the sole reason that the child has been relinquished in accordance with the Abandoned Newborn Infant Protection Act. …A child shall not be considered neglected for the sole reason that the child has been relinquished in accordance with the Abandoned Newborn Infant Protection Act.
Section 95. The Juvenile Court Act of 1987 is amended by changing Section 2-3 as follows: (705 ILCS 405/2-3) (from Ch. 37, par. 802-3) Sec. 2-3. Neglected or abused minor. A minor shall not be considered neglected for the sole reason that the minor has been relinquished in accordance with the Abandoned Newborn Infant Protection Act. A minor shall not be considered abused for the sole reason that the minor has been relinquished in accordance with the Abandoned Newborn Infant Protection Act.
Section 96. The Criminal Code of 1961 is amended by changing Sections 12-21.5 and 12-21.6 as follows: (720 ILCS 5/12-21.5) Sec. 12-21.5. Child Abandonment. (a) A person commits the offense of child abandonment when he or she, as a parent, guardian, or other person having physical custody or control of a child, without regard for the mental or physical health, safety, or welfare of that child, knowingly leaves that child who is under the age of 13 without supervision by a responsible person over the age of 14 for a period of 24 hours or more, except that a person does not commit the offense of child abandonment when he or she relinquishes a child in accordance with the Abandoned Newborn Infant Protection Act. Sec. 12-21.6. Endangering the life or health of a child. (a) It is unlawful for any person to willfully cause or permit the life or health of a child under the age of 18 to be endangered or to willfully cause or permit a child to be placed in circumstances that endanger the child's life or health, except that it is not unlawful for a person to relinquish a child in accordance with the Abandoned Newborn Infant Protection Act.
Section 96.5. The Neglected Children Offense Act is amended by changing Section 2 as follows: (720 ILCS 130/2) (from Ch. 23, par. 2361) Sec. 2. Any parent, legal guardian or person having the custody of a child under the age of 18 years, who knowingly or wilfully causes, aids or encourages such person to be or to become a dependent and neglected child as defined in section 1, who knowingly or wilfully does acts which directly tend to render any such child so dependent and neglected, or who knowingly or wilfully fails to do that which will directly tend to prevent such state of dependency and neglect is guilty of the Class A misdemeanor of contributing to the dependency and neglect of children, except that a person who relinquishes a child in accordance with the Abandoned Newborn Infant Protection Act is not guilty of that misdemeanor.
Section 97. The Adoption Act is amended by changing Section 1 as follows: (750 ILCS 50/1) (from Ch. 40, par. 1501) D. "Unfit person" means any person whom the court shall find to be unfit to have a child, without regard to the likelihood that the child will be placed for adoption. The grounds of unfitness are any one or more of the following, except that a person shall not be considered an unfit person for the sole reason that the person has relinquished a child in accordance with the Abandoned Newborn Infant Protection Act: F. A person is available for adoption when the person is: (e) a child who has been relinquished as defined in Section 10 of the Abandoned Newborn Infant Protection Act.
Section 999. Effective date. This Act takes effect upon becoming law.
Signed by the Governor - August 17, 2001.Effective Date – August 17, 2001**Disclaimer: This partial representation of Illinois law MUST NOT be considered an OFFICIAL representation.
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