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”.