Chapter DCF 39

DCF 39.07 DCF 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 History History: 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 39.08 DCF 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)(a) (a) The newborn has been abused or neglected, as defined in s. 48.02 (1) and (12g), Stats.

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) (5) 

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 History History: 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 39.09 DCF 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.

DCF 39.09(2) (2) Offer the parent who relinquishes a newborn and any person present with a parent during the relinquishment the publication entitled Relinquishment Brochure and Questionnaire created by the department. If the parent or a person present with the parent refuses the information offered, document the refusal as prescribed in sub. (6).

DCF 39.09 Note Note: The documents comprising the Relinquishment Brochure and Questionnaire are available in the “forms and publications” section of the department website, dcf.wisconsin.gov, as “publication number 4073”.

DCF 39.09(3) (3) 

DCF 39.09(3)(a) (a) Within 24 hours after taking custody of the newborn, transfer custody of the newborn to the intake worker in the county where the relinquishment occurred and provide, as requested by the intake worker, all of the information relating to the relinquishment obtained before, during and after the act of relinquishment.

DCF 39.09(3)(b) (b) Upon accepting custody of a relinquished newborn, the intake worker shall immediately request that the appropriate law enforcement agency investigate and determine, through the Wisconsin missing children information clearinghouse, the National Center for Missing and Exploited Children, and any other national and state resource, whether the newborn has been reported as a missing child. The intake worker shall document the request and results of the search in the usual and customary manner of performing intake services under ch. 48, Stats.

DCF 39.09(4) (4) Take custody of the newborn or child and immediately notify, as appropriate, a law enforcement agency or officer, if any of the following circumstances are believed to exist:

DCF 39.09(4)(a) (a) The person attempting to relinquish the newborn or child is not the parent of the newborn or child.

DCF 39.09(4)(b) (b) The child is more than 72 hours old.

DCF 39.09(4)(c) (c) The newborn or child has been abused or neglected, as defined in s. 48.02 (1) and (12g), Stats.

DCF 39.09(4)(d) (d) The parent who is relinquishing the newborn is being induced or coerced, or has been induced or coerced, into relinquishing the newborn.

DCF 39.09(5) (5) If required under s. 48.981 (3), Stats., a law enforcement officer notified under sub. (4) shall make a referral to a county department or the department in a county having a population of 750,000 or more.

DCF 39.09(6) (6) Document all of the non-identifying information observed or obtained during the relinquishment, including the information obtained from performing the responsibilities in subs. (1) to (5) and in s. DCF 39.07.

DCF 39.09 History History: CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04; corrections in (intro.), (1) (intro.) and (6) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (4) (c) made under s. 13.92 (4) (b) 7., Stats., Register May 2010 No. 653; CR 21-107: r. and recr. (5) Register June 2022 No. 798, eff. 7-1-22.

DCF 39.10 DCF 39.10 Responsibilities of emergency medical service providers. An emergency medical service provider whose employee or agent takes custody of a newborn or who may be required to dispatch a law enforcement officer or emergency medical technician under this chapter shall do all of the following:

DCF 39.10(1) (1) Develop and implement written policies and procedures that set forth how the emergency medical service provider will cooperate with other emergency medical service providers to perform its responsibilities under this chapter.

DCF 39.10(2) (2) Develop and implement written policies and procedures to guide employees and agents in their activities performed under this chapter.

DCF 39.10(3) (3) Ensure that an employee or agent who takes custody of a newborn under this chapter is trained in the policies and procedures developed pursuant to subs. (1) and (2).

DCF 39.10(4) (4) Maintain a supply of the publication entitled Relinquishment Brochure and Questionnaire to be distributed by an employee or agent pursuant to s. DCF 39.09 (2).

DCF 39.10 Note Note: The documents comprising the Relinquishment Brochure and Questionnaire are available in the “forms and publications” section of the department website, dcf.wisconsin.gov, as “publication number 4073”.

DCF 39.10(5) (5) Maintain all of the following written documentation:

DCF 39.10(5)(a) (a) Name and title of the employee or agent who took custody of the newborn and the name and title of any other employee or agent present during the act of relinquishment.

DCF 39.10(5)(b) (b) Date and time of the relinquishment, and address where the relinquishment occurred. If the actual address cannot be ascertained, the nearest cross street to the location where the relinquishment occurred.

DCF 39.10(5)(c) (c) Any relevant information relating to the relinquishment given to an employee or agent.

DCF 39.10(5)(d) (d) Information on the general health of the newborn at the time of the relinquishment and during the transfer of custody of the newborn to an intake worker under s. DCF 39.09 (3).

DCF 39.10(5)(e) (e) Any non-identifying observations concerning the relinquishment made by an employee or agent who took custody of a newborn and any employee or agent who was present during the relinquishment or was otherwise involved in the relinquishment.

DCF 39.10(5)(f) (f) A description of all actions taken by an employee or agent after the newborn was taken into custody, including all locations that a newborn was taken and the reason the newborn was taken to any of the specified locations.

DCF 39.10(5)(g) (g) The age or estimated age of the newborn.

DCF 39.10(5)(h) (h) The name and address of the intake worker, and the date, time, and location that custody was transferred to the intake worker under s. DCF 39.09 (3).

DCF 39.10(5)(i) (i) Whether the newborn is believed to have been abused or neglected, as defined in s. 48.02 (1) and (12g), Stats.

DCF 39.10(5)(j) (j) The date on which a birth certificate for the newborn was filed as specified in s. DCF 39.07 (4).

DCF 39.10(5)(k) (k) Whether the parent or person assisting with the parent during the relinquishment refused to accept any information offered.

DCF 39.10(5)(L) (L) Whether the parent or person assisting the parent voluntarily provided any identifying information.

DCF 39.10(5)(m) (m) Whether the employee or agent that took custody of the newborn informed the parent and the person assisting the parent during the relinquishment, of the anonymity and confidentiality provisions specified in s. DCF 39.08.

DCF 39.10(5)(n) (n) Procedures that prescribe the transfer of responsibilities under s. DCF 39.05 (4) from an employee or agent who took custody of a newborn to a different employee or agent authorized under s. DCF 39.05 (1) or (2) to take custody of a newborn.

DCF 39.10(6) (6) Make available in a location conspicuous to an employee and agent a copy of this chapter and the policies and procedures developed and implemented under subs. (1) and (2).

DCF 39.10(7) (7) Develop and implement any other written policies and procedures that may be required by the department under this chapter.

DCF 39.10 History History: CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04; corrections in (4), (5) (d), (h), (j), (m) and (n) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (5) (i) made under s. 13.92 (4) (b) 7., Stats., Register May 2010 No. 653.

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

DCF 39.11(1) (1) If a parent who relinquished a newborn anonymously under s. DCF 39.08 (1) later wishes to be identified as a parent of the newborn, or the other parent of the newborn wishes to be identified as a parent of the newborn, the parent shall contact the intake worker in the county in which the relinquishment occurred.

DCF 39.11(2) (2) An intake worker contacted by a parent under sub. (1) shall advise the parent of the procedures to be followed by the intake worker under ch. 48, Stats., concerning a newborn alleged to be in need of protection or services under s. 48.13 (2m), Stats.

DCF 39.11(3) (3) An intake worker contacted by a parent under this section, shall make a reasonable effort to obtain from the parent any identifying information about the parent, the other parent of the newborn, and any other information necessary for the performance of the intake worker’s responsibilities under ch. 48, Stats.

DCF 39.11 History History: CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DCF 39.12 DCF 39.12 Immunity from liability. Any parent who relinquishes custody of a newborn under this chapter and any person who assists a parent in that relinquishment, and any law enforcement officer, emergency medical technician, or hospital staff member who takes a newborn into custody under this chapter has the immunity and limitations on immunity as specified in s. 48.195 (4), Stats.

DCF 39.12 History History: CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04.

DCF 39.13 DCF 39.13 Medical assistance eligibility. A newborn who is taken into custody under this chapter is presumed to be eligible for medical assistance as specified in s. 48.195 (5), Stats.

DCF 39.13 History History: CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04.