48.19348.193 Taking an adult expectant mother into custody. 48.193(1)(1) An adult expectant mother of an unborn child may be taken into custody under any of the following: 48.193(1)(c)(c) An order of the judge if made upon a showing satisfactory to the judge that due to the adult expectant mother’s habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, there is a substantial risk that the physical health of the unborn child, and of the child when born, will be seriously affected or endangered unless the adult expectant mother is taken into custody and that the adult expectant mother is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her. The order shall specify that the adult expectant mother be held in custody under s. 48.207 (1m). 48.193(1)(d)(d) Circumstances in which a law enforcement officer believes on reasonable grounds that any of the following conditions exists: 48.193(1)(d)1.1. A capias or warrant for the apprehension of the adult expectant mother has been issued in this state or in another state. 48.193(1)(d)2.2. There is a substantial risk that the physical health of the unborn child, and of the child when born, will be seriously affected or endangered due to the adult expectant mother’s habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, unless the adult expectant mother is taken into custody. 48.193(1)(d)3.3. The adult expectant mother has violated the conditions of an order under s. 48.213 (3) or the conditions of an order for temporary physical custody by an intake worker. 48.193(2)(2) When an adult expectant mother of an unborn child is taken into physical custody as provided in this section, the person taking the adult expectant mother into custody shall immediately attempt to notify an adult relative or friend of the adult expectant mother by the most practical means. The person taking the adult expectant mother into custody shall continue such attempt until an adult relative or friend is notified, or the adult expectant mother is delivered to an intake worker under s. 48.203 (2), whichever occurs first. If the adult expectant mother is delivered to the intake worker before an adult relative or friend is notified, the intake worker, or another person at his or her direction, shall continue the attempt to notify until an adult relative or friend of the adult expectant mother is notified. 48.193(3)(3) Taking into custody is not an arrest except for the purpose of determining whether the taking into custody or the obtaining of any evidence is lawful. 48.193 HistoryHistory: 1997 a. 292. 48.19548.195 Taking a newborn child into custody. 48.195(1b)(b)(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. 48.195(1m)(a)(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 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: 48.195(1m)(a)1.1. By delivering the child to the law enforcement officer, emergency medical services practitioner, or hospital staff member. 48.195(1m)(a)2.2. By leaving the child in a newborn infant safety device installed as provided under sub. (1r). 48.195(1m)(b)(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. 48.195(1m)(c)(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). 48.195(1r)(a)(a) A hospital, fire station, or law enforcement agency may install a newborn infant safety device if all of the following criteria are met: 48.195(1r)(a)1.1. 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. 48.195(1r)(a)2.2. The device is physically part of the hospital, fire station, or law enforcement agency building. 48.195(1r)(a)3.3. The device is temperature controlled and ventilated for the safety of newborns. 48.195(1r)(a)4.4. 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. 48.195(1r)(a)5.5. 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.