48.195 Taking a newborn child into custody.

569 words·~3 min read·/wi/chapter-48/48-195-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1b)Definitions. In this section:

(a)“Emergency medical services practitioner” has the meaning given in s. 256.01

(5).

(b)“Newborn infant safety device” means a device that is installed in a supporting wall of a hospital, fire station, or law enforcement agency and that has an exterior point of access allowing an individual to place a newborn infant inside and an interior point of access allowing individuals inside the building to safely retrieve the newborn infant.

(1m)Taking child into custody.

(a)In addition to being taken into custody under s. 48.19 , a child whom a law enforcement officer, emergency medical services practitioner, or hospital staff member reasonably believes to be 30 days old or younger may be taken into custody under circumstances in which a parent of the child relinquishes custody of the child by any of the following methods and does not express an intent to return for the child:

1. By delivering the child to the law enforcement officer, emergency medical services practitioner, or hospital staff member.

2. By leaving the child in a newborn infant safety device installed as provided under sub.

(1r).

(b)If a parent who wishes to relinquish custody of his or her child under this subsection is unable to travel to a sheriff’s office, police station, fire station, hospital, or other place where a law enforcement officer, emergency medical services practitioner, or hospital staff member is located, the parent may dial the telephone number “911” or, in an area in which the telephone number “911” is not available, the number for an emergency medical service provider, and the person receiving the call shall dispatch a law enforcement officer or emergency medical services practitioner to meet the parent and take the child into custody.

(c)A law enforcement officer, emergency medical services practitioner, or hospital staff member who takes a child into custody under this subsection shall take any action necessary to protect the health and safety of the child, shall, within 24 hours after taking the child into custody, deliver the child to the intake worker under s. 48.20 , and shall, within 5 days after taking the child into custody, file a birth record for the child under s. 69.14

(3).

(1r)Newborn infant safety device.

(a)A hospital, fire station, or law enforcement agency may install a newborn infant safety device if all of the following criteria are met:

1. The hospital or law enforcement agency building is staffed 24 hours per day and the fire station is staffed 24 hours per day with an emergency medical services practitioner.

2. The device is physically part of the hospital, fire station, or law enforcement agency building.

3. The device is temperature controlled and ventilated for the safety of newborns.

4. The device is equipped with a dual alarm system connected to the physical location of the device that automatically triggers an alarm inside the building when a newborn infant is placed in the device.

5. The device is equipped with a surveillance system that allows employees of the hospital, fire station, or law enforcement agency to monitor the inside of the device 24 hours per day.

6. The device is located such that the interior point of access is in an area that is conspicuous and visible to the employees of the hospital, fire station, or law enforcement agency.