Feed for /2011/related/proposals/sb313 PDF
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2011 - 2012 LEGISLATURE
November 30, 2011 - Introduced by Senators Lazich, Olsen, Grothman, Holperin
and Galloway, cosponsored by Representatives Kooyenga, Turner, Milroy,
Spanbauer, Jacque, Thiesfeldt, Ballweg, Stroebel, Craig, Brooks
and
Doyle. Referred to Committee on Public Health, Human Services, and
Revenue.
SB313,1,3 1An Act to amend 48.195 (1), 48.195 (2) (a), 48.195 (2) (b), 48.195 (3) (a), 48.195
2(4) (b), 48.355 (2d) (b) 5. and 48.415 (1m) of the statutes; relating to:
3relinquishing custody of a newborn child.
Analysis by the Legislative Reference Bureau
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 child) may be taken into custody under circumstances in which
a parent of the newborn child relinquishes custody of the newborn child to the law
enforcement officer, emergency medical technician, or hospital staff member and
does not express an intent to return for the newborn child (commonly referred to as
the "safe haven law"). A law enforcement officer, emergency medical technician, or
hospital staff member who takes a newborn child into custody under the safe haven
law must take any action necessary to protect the health and safety of the newborn
child and, within 24 hours after taking the newborn child into custody must deliver
the newborn child to the intake worker of the court assigned to exercise jurisdiction
under the Children's Code.
This bill permits a parent to relinquish custody of a child 30 days old or younger
under the safe haven law. The bill also permits a health care clinic staff member to
take a child into custody under that law.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB313, s. 1 1Section 1. 48.195 (1) of the statutes is amended to read:
SB313,2,212 48.195 (1) Taking child into custody. In addition to being taken into custody
3under s. 48.19, a child whom a law enforcement officer, emergency medical
4technician, or hospital or health care clinic staff member reasonably believes to be
572 hours 30 days old or younger may be taken into custody under circumstances in
6which a parent of the child relinquishes custody of the child to the law enforcement
7officer, emergency medical technician, or hospital or health care clinic staff member
8and does not express an intent to return for the child. If a parent who wishes to
9relinquish custody of his or her child under this subsection is unable to travel to a
10sheriff's office, police station, fire station, hospital, health care clinic, or other place
11where a law enforcement officer, emergency medical technician, or hospital or health
12care clinic
staff member is located, the parent may dial the telephone number "911"
13or, in an area in which the telephone number "911" is not available, the number for
14an emergency medical service provider, and the person receiving the call shall
15dispatch a law enforcement officer or emergency medical technician to meet the
16parent and take the child into custody. A law enforcement officer, emergency medical
17technician, or hospital or health care clinic staff member who takes a child into
18custody under this subsection shall take any action necessary to protect the health
19and safety of the child, shall, within 24 hours after taking the child into custody,
20deliver the child to the intake worker under s. 48.20, and shall, within 5 days after
21taking the child into custody, file a birth certificate for the child under s. 69.14 (3).
SB313, s. 2
1Section 2. 48.195 (2) (a) of the statutes is amended to read:
SB313,3,112 48.195 (2) (a) Except as provided in this paragraph, a parent who relinquishes
3custody of a child under sub. (1) and any person who assists the parent in that
4relinquishment have the right to remain anonymous. The exercise of that right shall
5not affect the manner in which a law enforcement officer, emergency medical
6technician, or hospital or health care clinic staff member performs his or her duties
7under this section. No person may induce or coerce or attempt to induce or coerce a
8parent or person assisting a parent who wishes to remain anonymous into revealing
9his or her identity, unless the person has reasonable cause to suspect that the child
10has been the victim of abuse or neglect or that the person assisting the parent is
11coercing the parent into relinquishing custody of the child.
SB313, s. 3 12Section 3. 48.195 (2) (b) of the statutes is amended to read:
SB313,3,2013 48.195 (2) (b) A parent who relinquishes custody of a child under sub. (1) and
14any person who assists the parent in that relinquishment may leave the presence of
15the law enforcement officer, emergency medical technician, or hospital or health care
16clinic
staff member who took custody of the child at any time, and no person may
17follow or pursue the parent or person assisting the parent, unless the person has
18reasonable cause to suspect that the child has been the victim of abuse or neglect or
19that the person assisting the parent has coerced the parent into relinquishing
20custody of the child.
SB313, s. 4 21Section 4. 48.195 (3) (a) of the statutes is amended to read:
SB313,4,222 48.195 (3) (a) Subject to par. (b), a law enforcement officer, emergency medical
23technician, or hospital or health care clinic staff member who takes a child into
24custody under sub. (1) shall make available to the parent who relinquishes custody

1of the child the maternal and child health toll-free telephone number maintained by
2the department under 42 USC 705 (a) (5) (E).
SB313, s. 5 3Section 5. 48.195 (4) (b) of the statutes is amended to read:
SB313,4,104 48.195 (4) (b) Any law enforcement officer, emergency medical technician, or
5hospital or health care clinic staff member who takes a child into custody under sub.
6(1) is immune from any civil liability to the child's parents, or any criminal liability
7for any good faith act or omission occurring solely in connection with the act of
8receiving custody of the child from the child's parents, but is not immune from any
9civil or criminal liability for any act or omission occurring in subsequently providing
10care for the child.
SB313, s. 6 11Section 6. 48.355 (2d) (b) 5. of the statutes is amended to read:
SB313,4,1512 48.355 (2d) (b) 5. That the parent has been found under s. 48.13 (2m) to have
13relinquished custody of the child under s. 48.195 (1) when the child was 72 hours 30
14days
old or younger, as evidenced by a final order of a court of competent jurisdiction
15making that finding.
SB313, s. 7 16Section 7. 48.415 (1m) of the statutes is amended to read:
SB313,4,2017 48.415 (1m) Relinquishment. Relinquishment, which shall be established by
18proving that a court of competent jurisdiction has found under s. 48.13 (2m) that the
19parent has relinquished custody of the child under s. 48.195 (1) when the child was
2072 hours 30 days old or younger.
SB313, s. 8 21Section 8. Initial applicability.
SB313,4,2422 (1) Relinquishment of newborn child. This act first applies to a child whose
23custody is relinquished, as described in section 48.195 (1) of the statutes, as affected
24by this act, on the effective date of this subsection.
SB313,4,2525 (End)
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