Infant Safe Haven Laws - Wisconsin

Infant's Age
Citation: Ann. Stat. § 48.195

A child who is 72 hours old or younger may be relinquished.

Who May Relinquish the Infant
Citation: Ann. Stat. § 48.195

The child may be relinquished by his or her parent. 

Who May Receive the Infant
Citation: Ann. Stat. § 48.195

A child whom a law enforcement officer, emergency medical services practitioner, or hospital staff member reasonably believes to be 72 hours 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:

• By delivering the child to the law enforcement officer, emergency medical services practitioner, or hospital staff member
• By leaving the child in a newborn infant safety device 

If a parent who wishes to relinquish custody of his or her child is unable to travel to a sheriff's office, police station, fire station, or hospital, the parent may dial 911 or, in an area in which the telephone number 911 is not available, the number for an emergency medical services 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. 

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

• 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.
• The device is physically part of the hospital, fire station, or law enforcement agency building.
• The device is temperature controlled and ventilated for the safety of newborns.
• 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.
• 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.
• 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.

A hospital, fire station, or law enforcement agency that uses a newborn infant safety device to accept surrendered newborn infants shall use the surveillance system to monitor the inside of the device 24 hours per day, physically check the device at least twice daily, and test the device at least weekly to ensure that the alarm system is in working order.

Responsibilities of the Safe Haven Provider
Citation: Ann. Stat. § 48.195

A law enforcement officer, emergency medical services practitioner, or hospital staff member who takes a child into custody under this subsection shall do the following:

• Take any action necessary to protect the health and safety of the child
• Within 24 hours after taking the child into custody, deliver the child to the intake worker under § 48.20
• Within 5 days after taking the child into custody, file a birth record for the child under § 69.14 (3)
• Make available to the parent the maternal and child health toll-free telephone number maintained by the department

The decision to accept the information made available is entirely voluntary on the part of the parent. No person may induce, coerce, or attempt to induce or coerce any parent into accepting that information.

Immunity for the Provider
Citation: Ann. Stat. § 48.195

Any law enforcement officer, emergency medical services practitioner, or hospital staff member who takes a child into custody is immune from any civil liability to the child's parents or any criminal liability for any good-faith act or omission occurring solely in connection with the act of receiving custody of the child from the child's parents or from a newborn infant safety device, but is not immune from any civil or criminal liability for any act or omission occurring in subsequently providing care for the child.

In any civil or criminal proceeding, the good faith of a person specified above is presumed. This presumption may be overcome only by clear and convincing evidence.

Protection for Relinquishing Parent
Citation: Ann. Stat. § 48.195

The parent and any person who assists the parent have the right to remain anonymous. No person may induce, coerce, or attempt to induce or coerce a parent who wishes to remain anonymous into revealing his or her identity, unless the person has reasonable cause to suspect that the child has been the victim of abuse or neglect or that the person assisting the parent is coercing the parent into relinquishing custody of the child.

A parent who relinquishes a child and any person who assists the parent may leave the presence of the safe haven provider at any time. A parent who relinquishes custody of a child to a newborn infant safety device and any person who assists the parent in that relinquishment may leave the premises of the hospital, fire station, or law enforcement agency at any time. No person may follow or pursue the parent or person assisting the parent, unless the person has reasonable cause to suspect that the child has been the victim of abuse or neglect or that the person assisting the parent has coerced the parent into relinquishing custody of the child.

No officer, employee, or agent of this State may attempt to locate or ascertain the identity of a parent who relinquishes a child, unless the officer, employee, or agent has reasonable cause to suspect that the child has been the victim of abuse or neglect or that the person assisting the parent has coerced the parent into relinquishing the child.

Any person who obtains any information relating to the relinquishment of a child shall keep that information confidential and may not disclose that information, except as specified in statute.

Any parent who relinquishes his or her child and any person who assists the parent are immune from any civil or criminal liability for any good-faith act or omission in connection with that relinquishment. The immunity granted under this paragraph includes immunity for exercising the right to remain anonymous, the right to leave at any time, and the right not to accept any information and immunity from prosecution for abandonment of a child or for neglecting a child.

Consequences of Relinquishment
Citation: Ann. Stat. §§ 48.195; 48.415

The department shall promulgate rules to implement this section. The rules shall include rules prescribing a means by which a parent who relinquishes custody of his or her child may, until the granting of an order terminating parental rights, choose to be identified as the child's parent.

The court may grant involuntary termination of parental rights on the grounds that custody of the child was relinquished when the child was 72 hours old or younger.