Chapter DCF 39

Chapter DCF 39

RELINQUISHING CUSTODY OF A NEWBORN CHILD

DCF 39.01   Authority and purpose.

DCF 39.02   Initial applicability.

DCF 39.03   Definitions.

DCF 39.04   Relinquishing custody of a newborn.

DCF 39.05   Taking a newborn into custody.

DCF 39.06   Court authority upon relinquishment.

DCF 39.07   Health and safety of a newborn upon relinquishment.

DCF 39.08   Anonymity and confidentiality.

DCF 39.09   Responsibilities of a person taking custody of a newborn.

DCF 39.10   Responsibilities of emergency medical service providers.

DCF 39.11   Procedures for being identified as a parent of a newborn.

DCF 39.12   Immunity from liability.

DCF 39.13   Medical assistance eligibility.

Ch. DCF 39 Note Note: Chapter HFS 39 was renumbered chapter DCF 39 under s. 13.92 (4) (b) 1., Stats., Register November 2008 No. 635.

DCF 39.01 DCF 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 History History: CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04.

DCF 39.02 DCF 39.02 Initial applicability. This rule applies to newborns relinquished on or after the effective date of this rule.

DCF 39.02 History History: CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04.

DCF 39.03 DCF 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(4) (4) “Child” has the meaning given in s. 48.02 (2), Stats.

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(6) (6) “County department” means an agency under s. 46.22 or 46.23, Stats.

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(9)(a) (a) A hospital.

DCF 39.03(9)(b) (b) A law enforcement agency.

DCF 39.03(9)(c) (c) A fire department.

DCF 39.03(9)(d) (d) An ambulance service provider.

DCF 39.03(9)(e) (e) A public agency.

DCF 39.03(9)(f) (f) A public safety agency.

DCF 39.03(10) (10) “Emergency medical technician” means an individual who is licensed as any one of the following:

DCF 39.03(10)(a) (a) An EMT-basic.

DCF 39.03(10)(b) (b) An EMT-basic IV.

DCF 39.03(10)(c) (c) An EMT-intermediate.

DCF 39.03(10)(d) (d) An EMT-paramedic.

DCF 39.03(11) (11) “Fire department” has the meaning given in s. SPS 314.03 (1) (d).

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)(c) (c) A licensed practical nurse licensed under s. 441.10, Stats.

DCF 39.03(14)(d) (d) A physician, as defined in s. 448.01 (5), Stats.

DCF 39.03(14)(e) (e) A physician assistant, as defined in s. 448.971 (2), Stats.

DCF 39.03(14)(f) (f) A registered nurse licensed under s. 441.06, Stats.

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(17) (17) “Intake worker” means any person who meets the requirements of s. 48.06 (1) (am) and (2) (b), Stats., and who provides intake services under ch. 48, Stats.

DCF 39.03(18) (18) “Law enforcement agency” has the meaning given in s. 165.83 (1) (b), Stats.

DCF 39.03(19) (19) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c), Stats.

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(22) (22) “Parent” means one of the following:

DCF 39.03(22)(a) (a) A biological mother or a biological father of a newborn.

DCF 39.03(22)(b) (b) A male who is presumed to be the father of a newborn under s. 891.41, Stats.

DCF 39.03(23) (23) “Public agency” has the meaning given in s. 256.35 (1) (f), Stats.

DCF 39.03(24) (24) “Public safety agency” has the meaning given in s. 256.35 (1) (g), Stats.

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 History History: 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 39.04 DCF 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 History History: CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04.

DCF 39.05 DCF 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(1)(a) (a) An emergency medical technician.

DCF 39.05(1)(b) (b) A hospital staff member specified in s. DCF 39.03 (14) (a) to (g).

DCF 39.05(1)(c) (c) A law enforcement officer.

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 History History: 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 39.06 DCF 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.