Wis. Admin. Code Department of Children and Families DCF 39.03

Current through November 25, 2024

Section DCF 39.03 - Definitions

In this chapter:

(1) "Agent" means any person providing services under a contract with an emergency medical service provider.

(2) "Ambulance service provider" means a person licensed to engage in the business of transporting sick, disabled or injured individuals by ambulance to or from facilities or institutions providing health services.

(4) "Child" has the meaning given in s. 48.02(2), Stats.

(5) "Coerce" means to force to act or think in a given manner or to compel by pressure or threat.

(6) "County department" means an agency under s. 46.22 or 46.23, Stats.

(7) "Custody" means having the physical person of a newborn in the absence of a court order granting physical or legal custody to a physical custodian.

(8) "Department" means the Wisconsin department of children and families.

(9) "Emergency medical service provider" means any one of the following:

(a) A hospital.

(b) A law enforcement agency.

(c) A fire department.

(d) An ambulance service provider.

(e) A public agency.

(f) A public safety agency.

(10) "Emergency medical technician" means an individual who is licensed as any one of the following:

(a) An EMT-basic.

(b) An EMT-basic IV.

(c) An EMT-intermediate.

(d) An EMT-paramedic.

(11) "Fire department" has the meaning given in s. SPS 314.03 (1) (d).

(12) "Hospital" has the meaning given in s. 50.33(2) (a) and (c), Stats., except for psychiatric hospitals or mental hospitals, approved to operate according to the provisions of s. DHS 124.03.

(13) "Hospital-provided emergency medical services" means services provided by a hospital that the department has identified as providing some category of emergency service.

(14) "Hospital staff member" means any of the following individuals employed by or under contract with a hospital:

(a) An emergency medical technician working in the hospital under the direction of a physician.

(b) A hospital social worker, case worker, or social work assistant.

(c) A licensed practical nurse licensed under s. 441.10, Stats.

(d) A physician, as defined in s. 448.01(5), Stats.

(e) A physician assistant, as defined in s. 448.971(2), Stats.

(f) A registered nurse licensed under s. 441.06, Stats.

(g) Any other employee or agent who is designated in a written hospital policy to take custody of a newborn under this chapter.

(h) An employee or agent who is designated in a written hospital policy to dispatch a law enforcement officer or emergency medical technician to meet a parent who wishes to relinquish a newborn.

(15) "Identifying information" means any information that would disclose the name, location, or identity of a parent or a person assisting a parent.

(16) "Induce" means to lead or move a parent relinquishing a newborn or a person assisting a parent relinquishing a newborn by influence or persuasion.

(17) "Intake worker" means any person who meets the requirements of s. 48.06(1) (am) and (2) (b), Stats., and who provides intake services under ch. 48, Stats.

(18) "Law enforcement agency" has the meaning given in s. 165.83(1) (b), Stats.

(19) "Law enforcement officer" has the meaning given in s. 165.85(2) (c), Stats.

(20) "Maternal and child health hotline" means the 24-hour per day, 7-day per week information and referral toll-free telephone service administered by the department.

(21) "Newborn" means a person whom a law enforcement officer, emergency medical technician, or a hospital staff member reasonably believes to be 72 hours old or younger.

(22) "Parent" means one of the following:

(a) A biological mother or a biological father of a newborn.

(b) A male who is presumed to be the father of a newborn under s. 891.41, Stats.

(23) "Public agency" has the meaning given in s. 256.35(1) (f), Stats.

(24) "Public safety agency" has the meaning given in s. 256.35(1) (g), Stats.

(25) "Relinquish" means to voluntarily give the physical person of a newborn to a law enforcement officer, emergency medical technician, or hospital staff member.

Wis. Admin. Code Department of Children and Families DCF 39.03

CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04; corrections in (8), (11), (12), (14) (b), (23), and (24) made under s. 13.92(4) (b) 6 and 7., Stats., Register November 2008 No. 635; correction in (11) made under s. 13.92(4) (b) 7, Stats., Register December 2010 No. 660; correction in (11) made under s. 13.92(4) (b) 7, Stats., Register February 2012 No. 674.

Amended by, correction in (14) (c) made under s. 13.92(4) (b) 7, Stats., Register October 2015 No. 718, eff.11/1/2015.

Amended by, CR 21-107: r. (3), am. (14) (b) Register June 2022 No. 798, eff. 7/1/2022

Amended by, correction in (14) (e) made under s. 13.92 (4) (b) 7, Stats., Register January 2023 No. 805, eff. 2/1/2023