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
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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB369,1 1Section 1. 48.13 (2m) of the statutes is amended to read:
AB369,3,32 48.13 (2m) The child's parent has relinquished custody of the child under s.
348.195 (1) (1m).
AB369,2 4Section 2. 48.195 (1) of the statutes is renumbered 48.195 (1m) (a) (intro.) and
5amended to read:
AB369,3,116 48.195 (1m) (a) (intro.) In addition to being taken into custody under s. 48.19,
7a child whom a law enforcement officer, emergency medical services practitioner, as
8defined in s. 256.01 (5),
or hospital staff member reasonably believes to be 72 hours
9old or younger may be taken into custody under circumstances in which a parent of
10the child relinquishes custody of the child to by any of the following methods and does
11not express an intent to return for the child:
AB369,3,14 121. By delivering the child to the law enforcement officer, emergency medical
13services practitioner, or hospital staff member and does not express an intent to
14return for the child
.
AB369,4,2 15(b) If a parent who wishes to relinquish custody of his or her child under this
16subsection is unable to travel to a sheriff's office, police station, fire station, hospital,
17or other place where a law enforcement officer, emergency medical services
18practitioner, or hospital staff member is located, the parent may dial the telephone
19number “911" or, in an area in which the telephone number “911" is not available, the
20number for an emergency medical service provider, and the person receiving the call

1shall dispatch a law enforcement officer or emergency medical services practitioner
2to meet the parent and take the child into custody.
AB369,4,8 3(c) A law enforcement officer, emergency medical services practitioner, or
4hospital staff member who takes a child into custody under this subsection shall take
5any action necessary to protect the health and safety of the child, shall, within 24
6hours after taking the child into custody, deliver the child to the intake worker under
7s. 48.20, and shall, within 5 days after taking the child into custody, file a birth record
8for the child under s. 69.14 (3).
AB369,3 9Section 3. 48.195 (1b) of the statutes is created to read:
AB369,4,1010 48.195 (1b) Definitions. In this section:
AB369,4,1211 (a) “Emergency medical services practitioner” has the meaning given in s.
12256.01 (5).
AB369,4,1713 (b) “Newborn infant safety device” means a device that is installed in a
14supporting wall of a hospital, fire station, or law enforcement agency and that has
15an exterior point of access allowing an individual to place a newborn infant inside
16and an interior point of access allowing individuals inside the building to safely
17retrieve the newborn infant.
AB369,4 18Section 4. 48.195 (1m) (a) 2. of the statutes is created to read:
AB369,4,2019 48.195 (1m) (a) 2. By leaving the child in a newborn infant safety device
20installed as provided under sub. (1r).
AB369,5 21Section 5. 48.195 (1r) of the statutes is created to read:
AB369,4,2422 48.195 (1r) Newborn infant safety device. (a) A hospital, fire station, or law
23enforcement agency may install a newborn infant safety device if all of the following
24criteria are met:
AB369,5,3
11. The hospital or law enforcement agency building is staffed 24 hours per day
2and the fire station is staffed 24 hours per day with an emergency medical services
3practitioner.
AB369,5,54 2. The device is physically part of the hospital, fire station, or law enforcement
5agency building.
AB369,5,76 3. The device is temperature controlled and ventilated for the safety of
7newborns.
AB369,5,108 4. The device is equipped with a dual alarm system connected to the physical
9location of the device that automatically triggers an alarm inside the building when
10a newborn infant is placed in the device.
AB369,5,1311 5. The device is equipped with a surveillance system that allows employees of
12the hospital, fire station, or law enforcement agency to monitor the inside of the
13device 24 hours per day.
AB369,5,1614 6. The device is located such that the interior point of access is in an area that
15is conspicuous and visible to the employees of the hospital, fire station, or law
16enforcement agency.
AB369,5,2117 (b) A hospital, fire station, or law enforcement agency that uses a newborn
18infant safety device to accept surrendered newborn infants shall use the surveillance
19system under par. (a) 5. to monitor the inside of the device 24 hours per day,
20physically check the device at least twice daily, and test the device at least weekly
21to ensure that the alarm system is in working order.
AB369,6 22Section 6. 48.195 (2) (a) of the statutes is amended to read:
AB369,6,723 48.195 (2) (a) Except as provided in this paragraph, a parent who relinquishes
24custody of a child under sub. (1) (1m) and any person who assists the parent in that
25relinquishment have the right to remain anonymous. The exercise of that right shall

1not affect the manner in which a law enforcement officer, emergency medical services
2practitioner, as defined in s. 256.01 (5), or hospital staff member performs his or her
3duties under this section. No person may induce or coerce or attempt to induce or
4coerce a parent or person assisting a parent who wishes to remain anonymous into
5revealing his or her identity, unless the person has reasonable cause to suspect that
6the child has been the victim of abuse or neglect or that the person assisting the
7parent is coercing the parent into relinquishing custody of the child.
AB369,7 8Section 7. 48.195 (2) (b) of the statutes is amended to read:
AB369,6,199 48.195 (2) (b) A parent who relinquishes custody of a child under sub. (1) (1m)
10(a) 1.
and any person who assists the parent in that relinquishment may leave the
11presence of the law enforcement officer, emergency medical services practitioner, as
12defined in s. 256.01 (5),
or hospital staff member who took custody of the child at any
13time, and no. A parent who relinquishes custody of a child under sub. (1m) (a) 2. and
14any person who assists the parent in that relinquishment may leave the premises
15of the hospital, fire station, or law enforcement agency at any time. No
person may
16follow or pursue the parent or person assisting the parent, unless the person has
17reasonable cause to suspect that the child has been the victim of abuse or neglect or
18that the person assisting the parent has coerced the parent into relinquishing
19custody of the child.
AB369,8 20Section 8. 48.195 (2) (c) of the statutes is amended to read:
AB369,7,221 48.195 (2) (c) No officer, employee, or agent of this state or of a political
22subdivision of this state may attempt to locate or ascertain the identity of a parent
23who relinquishes custody of a child under sub. (1) (1m) or any person who assists the
24parent in that relinquishment, unless the officer, employee, or agent has reasonable
25cause to suspect that the child has been the victim of abuse or neglect or that the

1person assisting the parent has coerced the parent into relinquishing custody of the
2child.
AB369,9 3Section 9. 48.195 (2) (d) (intro.) of the statutes is amended to read:
AB369,7,64 48.195 (2) (d) (intro.) Any person who obtains any information relating to the
5relinquishment of a child under sub. (1) (1m) shall keep that information confidential
6and may not disclose that information, except to the following persons:
AB369,10 7Section 10. 48.195 (3) (a) of the statutes is amended to read:
AB369,7,128 48.195 (3) (a) Subject to par. (b), a law enforcement officer, emergency medical
9services practitioner, as defined in s. 256.01 (5), or hospital staff member who takes
10a child into custody under sub. (1) (1m) (a) 1. shall make available to the parent who
11relinquishes custody of the child the maternal and child health toll-free telephone
12number maintained by the department under 42 USC 705 (a) (5) (E).
AB369,11 13Section 11. 48.195 (4) (a) of the statutes is amended to read:
AB369,7,2114 48.195 (4) (a) Any parent who relinquishes custody of his or her child under
15sub. (1) (1m) and any person who assists the parent in that relinquishment are
16immune from any civil or criminal liability for any good faith act or omission in
17connection with that relinquishment. The immunity granted under this paragraph
18includes immunity for exercising the right to remain anonymous under sub. (2) (a),
19the right to leave at any time under sub. (2) (b), and the right not to accept any
20information under sub. (3) (b) and immunity from prosecution under s. 948.20 for
21abandonment of a child or under s. 948.21 for neglecting a child.
AB369,12 22Section 12. 48.195 (4) (b) of the statutes is amended to read:
AB369,8,523 48.195 (4) (b) Any law enforcement officer, emergency medical services
24practitioner, as defined in s. 256.01 (5), or hospital staff member who takes a child
25into custody under sub. (1) (1m) is immune from any civil liability to the child's

1parents, or any criminal liability for any good faith act or omission occurring solely
2in connection with the act of receiving custody of the child from the child's parents
3or from a newborn infant safety device, but is not immune from any civil or criminal
4liability for any act or omission occurring in subsequently providing care for the
5child.
AB369,13 6Section 13. 48.195 (5) of the statutes is amended to read:
AB369,8,97 48.195 (5) Medical assistance eligibility. A child who is taken into custody
8under sub. (1) (1m) is presumed to be eligible for medical assistance under s. 49.46
9or 49.47.
AB369,14 10Section 14. 48.195 (6) of the statutes is amended to read:
AB369,8,1611 48.195 (6) Rules. The department shall promulgate rules to implement this
12section. In promulgating those rules, the department shall consider the different
13circumstances under which a parent might relinquish custody of a child under sub.
14(1) (1m). The rules shall include rules prescribing a means by which a parent who
15relinquishes custody of his or her child under sub. (1) (1m) may, until the granting
16of an order terminating parental rights, choose to be identified as the child's parent.
AB369,15 17Section 15. 48.355 (2d) (b) 5. of the statutes is amended to read:
AB369,8,2118 48.355 (2d) (b) 5. That the parent has been found under s. 48.13 (2m) to have
19relinquished custody of the child under s. 48.195 (1) (1m) when the child was 72 hours
20old or younger, as evidenced by a final order of a court of competent jurisdiction
21making that finding.
AB369,16 22Section 16. 48.415 (1m) of the statutes is amended to read:
AB369,9,223 48.415 (1m) Relinquishment. Relinquishment, which shall be established by
24proving that a court of competent jurisdiction has found under s. 48.13 (2m) that the

1parent has relinquished custody of the child under s. 48.195 (1) (1m) when the child
2was 72 hours old or younger.
AB369,17 3Section 17. 48.43 (7) (b) of the statutes is amended to read:
AB369,9,104 48.43 (7) (b) If a permanent adoptive or subsidized guardianship placement is
5not in progress 2 years after entry of the order, the department may petition the court
6to transfer legal custody of the child to a county department, except that the
7department may not petition the court to transfer to a county department legal
8custody of a child who was initially taken into custody under s. 48.195 (1) (1m). The
9court shall transfer the child's legal custody to the county department specified in the
10petition. The department shall remain the child's guardian.
AB369,18 11Section 18. 48.485 (2) of the statutes is amended to read:
AB369,9,1812 48.485 (2) If a permanent adoptive or subsidized guardianship placement is
13not in progress within 2 years after entry of the termination of parental rights order
14by the tribal court, the department may petition the tribal court to transfer legal
15custody or guardianship of the Indian child back to the Indian tribe, except that the
16department may not petition the tribal court to transfer back to an Indian tribe legal
17custody or guardianship of an Indian child who was initially taken into custody
18under s. 48.195 (1) (1m).
AB369,9,1919 (End)
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