SAVE ABANDONED BABIES

ABONDONED NEWBORN INFANT PROTECTION ACT  Public Act known as a “Safe Haven law.  Allows a desperate parent to relinquish an unwanted infant legally, safely, and anonymously with no questions asked.  Illinois enacted the Abandoned Newborn Infant Protection Act in August 2001.

Facts About The Law  Between the incidences of newborn abandonment in public places increased 62% across the country.  March 1998-baby found by 2 thirteen year olds floating face down in 14 ft. of water in the California Aqueduct.  Similar tragedies occurred in other states.  September 1, 1999, Texas was the first state to pass a law allowing a parent to give up an infant anonymously.

FACTS (continued)  As of August 2006, forty-seven states have some form of a Safe Haven law.  August 2001, the Illinois legislature passed the Abandoned Newborn Infant Protection Act.  Illinois Safe Haven law allows a parent to safely relinquish an unwanted infant anonymously, with the fear of prosecution.

The Law’s Main Points and Conditions  The intent of the law is  to assure the safety of unwanted newborns that might otherwise be unsafely abandoned.  The law provide a safe alternative to parents  who may be under severe emotional distress and unable to provide for the basic needs of an infant.  Provides a safe place for newborns  Protects parents from prosecution for abandonment  Does not require  that names be given when unwanted infant is safely relinquished

The Law’s Main Points and Conditions  Permits parents to  safely relinquish an unwanted newborn Illinois offers a safe option for a desperate parent in crisis.  By handing your unharmed baby, 30 days old or younger*, (*effective January 1, 2010.)  at any hospital  police station  staffed fire station  emergency care facility in Illinois  You can walk away with no questions asked

The Law’s Main Points and Conditions  Allow parents  60 days to reclaim the infant,  subject to counseling and an inquiry by the Illinois department of Children and Family services.  After 60 days parental rights are terminated.  Provides a resource packet for the parent containing information about adoption, a voluntary medical and family questionnaire, and counseling information. The parent is not required to take this packet.  Allows the relinquishing parent to voluntarily complete a medical and family history questionnaire for the newborn. This could be useful for the child and the adoptive family.

Questions and Answers WWhat is the Safe Haven Law? HHow does the Safe Haven program work? CCan only a parent bring in the newborn? DDoes the parent have to call before bringing in the newborn? DDoes a parent have to say anything to the person taking the newborn? WWhat happens to the newborn.

Questions (continued)  What happens to the parent?  What if the parents wants the newborn back?  Why is Illinois and other states participating in this program?  Will the Safe Haven law prevent any more newborns from being abandoned? Why or why not?  Does the parent have to say anything to the person taking the newborn?

Re-cap  This law was written to provide a safe alternative to abandonment for Illinois parents who feel they cannot cope with a newborn baby. It offers safe havens for newborns, and is:  Private No one will ask your name.  Legal You will not be breaking any laws.  Safe Your baby will be given medical care and placed in a good home.  Supportive You will be offered medical care and counseling.

Re-cap  A check will be done to make sure the baby has not been reported missing.  The Illinois Department of Children and Family Services (DCFS) will contact an Illinois adoption agency, which will place the baby with an adoptive family.  The adoption agency will go to court to be appointed the baby’s legal guardian until the adoption is finalized.  During the adoption proceeding, the birthparents’ legal rights to the baby will be terminated.

Re-cap  If you leave your baby at a fire, police, or sheriff station and return within 72 hours, the facility must inform you of the name and location of the hospital the baby was taken to.  If you change your mind after leaving your baby at a Safe Haven, call DCFS at When you call DCFS, request the name of the adoption agency your baby was placed with and find out where the adoption proceeding is taking place. If you want to try to get your baby back, you must petition the court for a return of custody. This must be done before your parental rights are terminated by the court. You have a limited time before your parental rights are terminated. The court can terminate your parental rights 60 days after you abandon your baby.

Re-cap  If you do petition the court to get your baby back before your parental rights have been terminated, the court may put the adoption on hold for up to 60 more days and require:  genetic testing to see if the baby is yours  that DCFS conduct an investigation and home study with recommendations for the court  If you don’t try to get your baby back before your parental rights are terminated, you are barred from any future attempts to get your baby back or assert your rights as a parent.

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 QUESTIONS?  Call our crisis line 24 hours a day for confidential information, (888) 510-BABY. Call the Save Abandoned Babies Foundation, (312) (9:00 a.m. to 5:00 p.m) or the Save Abandoned Babies Foundation.

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