DCF 39.01DCF 39.01 Authority and purpose. This chapter is promulgated under the authority of ss. 48.195 (6) and 227.11 (2), Stats., to establish procedures under which a parent may relinquish a newborn who is 72 hours old or younger and procedures by which a law enforcement officer, emergency medical technician, or hospital staff member may take custody of a relinquished newborn, and procedures by which a parent who relinquishes a newborn may choose to be identified as the newborn’s parent. DCF 39.01 HistoryHistory: CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04. DCF 39.02DCF 39.02 Initial applicability. This rule applies to newborns relinquished on or after the effective date of this rule. DCF 39.02 HistoryHistory: CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04. DCF 39.03DCF 39.03 Definitions. In this chapter: DCF 39.03(1)(1) “Agent” means any person providing services under a contract with an emergency medical service provider. DCF 39.03(2)(2) “Ambulance service provider” means a person licensed to engage in the business of transporting sick, disabled or injured individuals by ambulance to or from facilities or institutions providing health services. DCF 39.03(5)(5) “Coerce” means to force to act or think in a given manner or to compel by pressure or threat. DCF 39.03(7)(7) “Custody” means having the physical person of a newborn in the absence of a court order granting physical or legal custody to a physical custodian. DCF 39.03(8)(8) “Department” means the Wisconsin department of children and families. DCF 39.03(9)(9) “Emergency medical service provider” means any one of the following: DCF 39.03(10)(10) “Emergency medical technician” means an individual who is licensed as any one of the following: DCF 39.03(12)(12) “Hospital” has the meaning given in s. 50.33 (2) (a) and (c), Stats., except for psychiatric hospitals or mental hospitals, approved to operate according to the provisions of s. DHS 124.03. DCF 39.03(13)(13) “Hospital-provided emergency medical services” means services provided by a hospital that the department has identified as providing some category of emergency service. DCF 39.03(14)(14) “Hospital staff member” means any of the following individuals employed by or under contract with a hospital: DCF 39.03(14)(a)(a) An emergency medical technician working in the hospital under the direction of a physician. DCF 39.03(14)(b)(b) A hospital social worker, case worker, or social work assistant. DCF 39.03(14)(g)(g) Any other employee or agent who is designated in a written hospital policy to take custody of a newborn under this chapter. DCF 39.03(14)(h)(h) An employee or agent who is designated in a written hospital policy to dispatch a law enforcement officer or emergency medical technician to meet a parent who wishes to relinquish a newborn. DCF 39.03(15)(15) “Identifying information” means any information that would disclose the name, location, or identity of a parent or a person assisting a parent. DCF 39.03(16)(16) “Induce” means to lead or move a parent relinquishing a newborn or a person assisting a parent relinquishing a newborn by influence or persuasion. DCF 39.03(20)(20) “Maternal and child health hotline” means the 24-hour per day, 7-day per week information and referral toll-free telephone service administered by the department. DCF 39.03(21)(21) “Newborn” means a person whom a law enforcement officer, emergency medical technician, or a hospital staff member reasonably believes to be 72 hours old or younger. DCF 39.03(25)(25) “Relinquish” means to voluntarily give the physical person of a newborn to a law enforcement officer, emergency medical technician, or hospital staff member. DCF 39.03 HistoryHistory: CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04; corrections in (8), (11), (12), (14) (b), (23), and (24) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; correction in (11) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660; correction in (11) made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674; correction in (14) (c) made under s. 13.92 (4) (b) 7., Stats., Register October 2015 No. 718; CR 21-107: r. (3), am. (14) (b) Register June 2022 No. 798, eff. 7-1-22; correction in (14) (e) made under s. 13.92 (4) (b) 7., Stats., Register January 2023 No. 805. DCF 39.04DCF 39.04 Relinquishing custody of a newborn. DCF 39.04(1)(1) Individuals who may relinquish a newborn. A newborn may only be relinquished under this chapter by a parent of the newborn. DCF 39.04(2)(2) Participation of others during relinquishment. A parent may select any person to assist the parent in the relinquishment of a newborn. DCF 39.04 HistoryHistory: CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04. DCF 39.05DCF 39.05 Taking a newborn into custody. DCF 39.05(1)(1) Who may take custody of a newborn. The following individuals may take custody of a newborn relinquished under this chapter: DCF 39.05(2)(2) Individuals required to take custody of a newborn. If a law enforcement officer or emergency medical technician is requested to meet a parent who wishes to relinquish a newborn, the law enforcement officer or emergency medical technician shall meet the parent and take custody of the newborn in the manner specified in s. DCF 39.09. DCF 39.05(3)(3) Limitations on taking custody. The individuals specified in subs. (1) and (2) shall be actively employed by, or under contract with, an emergency medical service provider, and acting within the scope of the contract or employment during the act of relinquishment and until custody of the newborn is transferred to an intake worker as required in s. DCF 39.09 (3). DCF 39.05(4)(4) Completion of responsibilities upon taking custody. If a person who takes custody of a newborn under this chapter cannot subsequently fulfil the requirements of s. DCF 39.09, the requirements of s. DCF 39.09 shall be fulfilled by any other person described in sub. (1). DCF 39.05 HistoryHistory: CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04; corrections in (1) (b) and (2) to (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635. DCF 39.06DCF 39.06 Court authority upon relinquishment. Upon completion of the act of relinquishment, the court has exclusive original jurisdiction of a relinquished newborn as specified under s. 48.13 (2m), Stats. Custody of a relinquished newborn may not be returned to a parent or transferred to any other person, except as provided in ss. DCF 39.09 (3) and 39.05 (1), and s. 48.207, Stats., or by court order pursuant to ch. 48, Stats. DCF 39.07DCF 39.07 Health and safety of a newborn upon relinquishment. DCF 39.07(1)(1) A law enforcement officer, emergency medical technician, or hospital staff member who takes a newborn into custody under this chapter shall take any action necessary to protect the health and safety of the newborn, including obtaining hospital-provided emergency medical services for each newborn taken into custody under this chapter. DCF 39.07(2)(2) If the location of a relinquishment is not a hospital, an ambulance service provider shall transport the newborn to the nearest hospital. DCF 39.07(3)(3) A hospital receiving a newborn under this chapter shall provide care for the newborn as provided in this chapter, ch. DHS 124, and s. 256.30, Stats. DCF 39.07(4)(4) Within 5 days after taking or receiving custody of a newborn, a hospital staff member shall file a birth certificate for the newborn under s. 69.14 (3), Stats. DCF 39.07(5)(5) The act of relinquishment shall be presumed to be parental consent for the purpose of providing medical treatment and care to a relinquished newborn until an appropriate court order is granted under s. 48.373 (1), Stats. DCF 39.07 HistoryHistory: CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635. DCF 39.08DCF 39.08 Anonymity and confidentiality. DCF 39.08(1)(1) A parent who relinquishes custody of a newborn, or a person assisting a parent in that relinquishment, may do so anonymously. DCF 39.08(2)(2) A parent who relinquishes custody of a newborn or a person assisting the parent with the relinquishment, who chooses to relinquish a newborn anonymously under sub. (1) may refuse to provide identifying information to, and may, at any time, leave the presence of, the law enforcement officer, emergency medical technician, or hospital staff member who took custody of the newborn, unless the law enforcement officer, emergency medical technician, or hospital staff member reasonably believes that one of the following circumstances exists: DCF 39.08(2)(b)(b) The parent is being coerced or induced into relinquishing the newborn. DCF 39.08(3)(3) No person, including an officer, employee, or agent of this state or a political subdivision of this state, may induce or coerce or attempt to induce or coerce a parent or a person assisting a parent in relinquishing a newborn under this chapter to provide identifying information or attempt to ascertain identifying information from, or follow, or pursue, or locate a parent who relinquishes a newborn under this chapter or a person that assisted a parent in relinquishing a newborn, unless the person reasonably believes that the circumstances in sub. (2) (a) or (b) exist. DCF 39.08(4)(4) Any person who has or obtains information relating to the relinquishment of a newborn shall keep that information confidential and may not disclose that information, except to the persons specified in s. 48.195 (2) (d), Stats. DCF 39.08(5)(a)(a) A parent who chooses to be identified during the act of relinquishment may be asked all of the information specified in s. DCF 39.09 (1), and any other information deemed pertinent by the person taking custody of the newborn. DCF 39.08(5)(b)(b) A parent who anonymously relinquishes a newborn under sub. (1) may choose to be identified as a parent of the newborn subsequent to the relinquishment by following the procedures specified in s. DCF 39.11. DCF 39.08(6)(6) Nothing in this chapter shall affect the manner in which a law enforcement officer, emergency medical technician, or hospital staff member performs the duties prescribed by law or under licensure or certification. DCF 39.08 HistoryHistory: CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04; corrections in (5) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register May 2010 No. 653; CR 21-107: am. (6) Register June 2022 No. 798, eff. 7-1-22. DCF 39.09DCF 39.09 Responsibilities of a person taking custody of a newborn. In addition to protecting the health and safety of the newborn as required under s. DCF 39.07, a person taking custody of a newborn under this chapter shall do all of the following: DCF 39.09(1)(1) Inform the parent, and any person assisting the parent with the relinquishment, of the anonymity provisions in s. DCF 39.08. If the parent chooses under s. DCF 39.08 (5) to provide identifying information or be identified as a parent of the newborn, make a reasonable effort to obtain all of the following: DCF 39.09(1)(a)(a) Information regarding the social and health history of each parent of the newborn, and of the families of each parent as prescribed by the department. DCF 39.09(1)(b)(b) Information on the ethnicity and race of the newborn, including whether the newborn is of American Indian heritage and, if so, any tribal affiliation. DCF 39.09(1)(c)(c) The name, address, telephone number, and any other identifying information of each parent, and any person assisting a parent in the relinquishment.
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Department of Children and Families (DCF)
Chs. DCF 021-99; Safety and Permanence
administrativecode/DCF 39.03(14)(b)
administrativecode/DCF 39.03(14)(b)
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