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October 24, 2007 Amendments to Abandoned Newborn Infant Protection ActThe Governor recently signed two bills into law that add provisions affecting hospitals to the Abandoned Newborn Infant Protection Act. Please forward this memo to the Director of Emergency Services and the Director of Maternal and Child Care. I. Public Act 95-549 - Public Disclosure of Information Prohibited. Effective June 1, 2008, persons involved in the administration or operation of a hospital where a baby has been relinquished or transferred under the Abandoned Newborn Infant Protection Act are prohibited from publicly disclosing any information concerning the relinquishment of the infant and the individuals involved, except as otherwise provided by law. This new provision applies to emergency medical professionals, employees, and other persons engaged in the administration or operation of a hospital, fire station, police station, emergency medical facility, child placing agency and the Department of Children and Family Services. It is important to note that this new provision does not apply where there are other laws that require the disclosure of certain information. For example, the new provision does not affect the duties of mandated reporters to report suspected child abuse or neglect under the Abused and Neglected Child Reporting Act. II. Public Act 95- 275 - "Safe Haven" Signs Required. Effective August 17, 2007, every hospital, fire station, emergency medical facility and police station that is required to accept a relinquished newborn infant in accordance with the Abandoned Newborn Infant Protection Act must post a sign in a conspicuous place on the exterior of the building informing persons that a newborn infant may be relinquished at the facility, in accordance with the Act. The law requires the Department of Children and Family Services (DCFS) to prescribe specifications for the signs and for their placement that will ensure statewide uniformity. DCFS is planning to draft rules to implement the Abandoned Newborn Infant Protection Act, including the provision requiring signs. Until such time as the Department promulgates rules that describe the specifications for the signs and their placement, hospitals will not be cited for failure to post such signs. Please note that the law does not apply to hospitals that already had such a sign posted on August 17, the effective date of the Act. Many hospitals, as a result of a Chicago ordinance, already have posted "safe haven" signs. These hospitals will not be required to post another sign. The Illinois Hospital Association will inform hospitals when the Department’s rules are promulgated and will provide a summary of the rules. The complete text of the new provisions discussed in this memo can be accessed at the web site of the Illinois General Assembly: If you have any questions, please contact Barb Haller at bhaller@ihastaff.org or 630.276.5474. | |
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