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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 369
July 27, 2023 - Introduced by Representatives SCHUTT, KITCHENS, DITTRICH,
BEHNKE, BINSFELD, BODDEN, BRANDTJEN, GOEBEN, GREEN, GUSTAFSON, HURD,
MAXEY, MURPHY, MYERS, NOVAK, O'CONNOR, OLDENBURG, ORTIZ-VELEZ,
RETTINGER, ROZAR, SCHMIDT, SNYDER, SPIROS, STUBBS, SUMMERFIELD, WITTKE,
SCHRAA and M URSAU, cosponsored by Senators B ALLWEG, JAMES,
CABRAL-GUEVARA, MARKLEIN, TOMCZYK, QUINN and KNODL. Referred to
Committee on Children and Families.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber and amend 48.195 (1); to amend 48.13 (2m), 48.195 (2)
(a), 48.195 (2) (b), 48.195 (2) (c), 48.195 (2) (d) (intro.), 48.195 (3) (a), 48.195 (4)
(a), 48.195 (4) (b), 48.195 (5), 48.195 (6), 48.355 (2d) (b) 5., 48.415 (1m), 48.43
(7) (b) and 48.485 (2); and to create 48.195 (1b), 48.195 (1m) (a) 2. and 48.195
(1r) of the statutes; relating to: newborn infant safety devices under the safe
haven law.
Analysis by the Legislative Reference Bureau
This bill authorizes the installation of newborn infant safety devices in
hospitals, fire stations, and law enforcement agency buildings and allows a parent
to relinquish a child under the age of 72 hours in such a device under the safe haven
law.
Under current law, a child whom a law enforcement officer, emergency medical
technician, or hospital staff member reasonably believes to be 72 hours old or
younger (newborn infant) may be taken into custody under circumstances in which
a parent of the newborn infant relinquishes custody of the newborn infant to the law
enforcement officer, emergency medical technician, or hospital staff member and
does not express an intent to return for the newborn infant (commonly referred to as
the “safe haven law”). Also under current law, if a parent who wishes to relinquish
custody of his or her child is unable to travel to a place where a law enforcement
officer, emergency medical technician, or hospital staff member is located, the parent
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may dial “911" or the number for an emergency medical service provider and the
person receiving the call must dispatch a law enforcement officer or emergency
medical technician to meet the parent and take the child into custody. A law
enforcement officer, emergency medical technician, or hospital staff member who
takes a newborn infant into custody under the safe haven law must take any action
necessary to protect the health and safety of the newborn infant and, within 24 hours
after taking the newborn infant into custody, must deliver the newborn infant to the
intake worker of the court assigned to exercise jurisdiction under the Children's
Code.
Under current law, a parent who relinquishes custody of a child under the safe
haven law and any person who assists the parent in that relinquishment are immune
from any civil or criminal liability for any good faith act or omission in connection
with the relinquishment. In addition, any law enforcement officer, emergency
medical technician, or hospital staff member who takes a child into custody under
the safe haven law 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, but is not
immune from any civil or criminal liability for any act or omission occurring in
subsequently providing care for the child.
This bill provides that a newborn infant may also be taken into custody under
the safe haven law if a parent leaves the newborn infant in a newborn infant safety
device, which is 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. Under the bill,
a hospital, fire station, or law enforcement agency may install a newborn infant
safety device if several 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 technician.
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.
Under the bill, a hospital, fire station, or law enforcement agency that uses a
newborn infant safety device to accept surrendered newborn infants must use the
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check the device at least twice daily, and test the device at least weekly to ensure that
the alarm system is in working order.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 48.13 (2m) of the statutes is amended to read:
48.13 (2m) The child's parent has relinquished custody of the child under s.
48.195 (1) (1m).
SECTION 2. 48.195 (1) of the statutes is renumbered 48.195 (1m) (a) (intro.) and
amended to read:
48.195 (1m) (a) (intro.) In addition to being taken into custody under s. 48.19,
a child whom a law enforcement officer, emergency medical services practitioner, as
defined in s. 256.01 (5), 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 to 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 and does not express an intent to
return for the child.
(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
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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).
SECTION 3. 48.195 (1b) of the statutes is created to read:
48.195 (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.
SECTION 4. 48.195 (1m) (a) 2. of the statutes is created to read:
48.195 (1m) (a) 2. By leaving the child in a newborn infant safety device
installed as provided under sub. (1r).
SECTION 5. 48.195 (1r) of the statutes is created to read:
48.195 (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:
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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.
(b) 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 under par. (a) 5. 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.
SECTION 6. 48.195 (2) (a) of the statutes is amended to read:
48.195 (2) (a) Except as provided in this paragraph, a parent who relinquishes
custody of a child under sub. (1) (1m) and any person who assists the parent in that
relinquishment have the right to remain anonymous. The exercise of that right shall
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not affect the manner in which a law enforcement officer, emergency medical services
practitioner, as defined in s. 256.01 (5), or hospital staff member performs his or her
duties under this section. No person may induce or coerce or attempt to induce or
coerce a parent or person assisting 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.
SECTION 7. 48.195 (2) (b) of the statutes is amended to read:
48.195 (2) (b) A parent who relinquishes custody of a child under sub. (1) (1m)
(a) 1. and any person who assists the parent in that relinquishment may leave the
presence of the law enforcement officer, emergency medical services practitioner, as
defined in s. 256.01 (5), or hospital staff member who took custody of the child at any
time, and no. A parent who relinquishes custody of a child under sub. (1m) (a) 2. 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.
SECTION 8. 48.195 (2) (c) of the statutes is amended to read:
48.195 (2) (c) No officer, employee, or agent of this state or of a political
subdivision of this state may attempt to locate or ascertain the identity of a parent
who relinquishes custody of a child under sub. (1) (1m) or any person who assists the
parent in that relinquishment, 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
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person assisting the parent has coerced the parent into relinquishing custody of the
child.
SECTION 9. 48.195 (2) (d) (intro.) of the statutes is amended to read:
48.195 (2) (d) (intro.) Any person who obtains any information relating to the
relinquishment of a child under sub. (1) (1m) shall keep that information confidential
and may not disclose that information, except to the following persons:
SECTION 10. 48.195 (3) (a) of the statutes is amended to read:
48.195 (3) (a) Subject to par. (b), a law enforcement officer, emergency medical
services practitioner, as defined in s. 256.01 (5), or hospital staff member who takes
a child into custody under sub. (1) (1m) (a) 1. shall make available to the parent who
relinquishes custody of the child the maternal and child health toll-free telephone
number maintained by the department under 42 USC 705 (a) (5) (E).
SECTION 11. 48.195 (4) (a) of the statutes is amended to read:
48.195 (4) (a) Any parent who relinquishes custody of his or her child under
sub. (1) (1m) and any person who assists the parent in that relinquishment 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 under sub. (2) (a),
the right to leave at any time under sub. (2) (b), and the right not to accept any
information under sub. (3) (b) and immunity from prosecution under s. 948.20 for
abandonment of a child or under s. 948.21 for neglecting a child.
SECTION 12. 48.195 (4) (b) of the statutes is amended to read:
48.195 (4) (b) Any law enforcement officer, emergency medical services
practitioner, as defined in s. 256.01 (5), or hospital staff member who takes a child
into custody under sub. (1) (1m) is immune from any civil liability to the child's
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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.
SECTION 13. 48.195 (5) of the statutes is amended to read:
48.195 (5) MEDICAL ASSISTANCE ELIGIBILITY. A child who is taken into custody
under sub. (1) (1m) is presumed to be eligible for medical assistance under s. 49.46
or 49.47.
SECTION 14. 48.195 (6) of the statutes is amended to read:
48.195 (6) RULES. The department shall promulgate rules to implement this
section. In promulgating those rules, the department shall consider the different
circumstances under which a parent might relinquish custody of a child under sub.
(1) (1m). The rules shall include rules prescribing a means by which a parent who
relinquishes custody of his or her child under sub. (1) (1m) may, until the granting
of an order terminating parental rights, choose to be identified as the child's parent.
SECTION 15. 48.355 (2d) (b) 5. of the statutes is amended to read:
48.355 (2d) (b) 5. That the parent has been found under s. 48.13 (2m) to have
relinquished custody of the child under s. 48.195 (1) (1m) when the child was 72 hours
old or younger, as evidenced by a final order of a court of competent jurisdiction
making that finding.
SECTION 16. 48.415 (1m) of the statutes is amended to read:
48.415 (1m) RELINQUISHMENT. Relinquishment, which shall be established by
proving that a court of competent jurisdiction has found under s. 48.13 (2m) that the
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parent has relinquished custody of the child under s. 48.195 (1) (1m) when the child
was 72 hours old or younger.
SECTION 17. 48.43 (7) (b) of the statutes is amended to read:
48.43 (7) (b) If a permanent adoptive or subsidized guardianship placement is
not in progress 2 years after entry of the order, the department may petition the court
to transfer legal custody of the child to a county department, except that the
department may not petition the court to transfer to a county department legal
custody of a child who was initially taken into custody under s. 48.195 (1) (1m). The
court shall transfer the child's legal custody to the county department specified in the
petition. The department shall remain the child's guardian.
SECTION 18. 48.485 (2) of the statutes is amended to read:
48.485 (2) If a permanent adoptive or subsidized guardianship placement is
not in progress within 2 years after entry of the termination of parental rights order
by the tribal court, the department may petition the tribal court to transfer legal
custody or guardianship of the Indian child back to the Indian tribe, except that the
department may not petition the tribal court to transfer back to an Indian tribe legal
custody or guardianship of an Indian child who was initially taken into custody
under s. 48.195 (1) (1m).
(END)
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