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.

DCF 39.06 History History: CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

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: