Section DCF 39.09 - Responsibilities of a person taking custody of a newborn In addition to protecting the health and safety of the newborn as required under s. DCF 39.07, a person taking custody of a newborn under this chapter shall do all of the following:
(1) Inform the parent, and any person assisting the parent with the relinquishment, of the anonymity provisions in s. DCF 39.08. If the parent chooses under s. DCF 39.08 (5) to provide identifying information or be identified as a parent of the newborn, make a reasonable effort to obtain all of the following:(a) Information regarding the social and health history of each parent of the newborn, and of the families of each parent as prescribed by the department.(b) Information on the ethnicity and race of the newborn, including whether the newborn is of American Indian heritage and, if so, any tribal affiliation.(c) The name, address, telephone number, and any other identifying information of each parent, and any person assisting a parent in the relinquishment.(2) Offer the parent who relinquishes a newborn and any person present with a parent during the relinquishment the publication entitled Relinquishment Brochure and Questionnaire created by the department. If the parent or a person present with the parent refuses the information offered, document the refusal as prescribed in sub. (6). Note: The documents comprising the Relinquishment Brochure and Questionnaire are available in the "forms and publications" section of the department website, dcf.wisconsin.gov, as "publication number 4073".
(3)(a) Within 24 hours after taking custody of the newborn, transfer custody of the newborn to the intake worker in the county where the relinquishment occurred and provide, as requested by the intake worker, all of the information relating to the relinquishment obtained before, during and after the act of relinquishment.(b) Upon accepting custody of a relinquished newborn, the intake worker shall immediately request that the appropriate law enforcement agency investigate and determine, through the Wisconsin missing children information clearinghouse, the National Center for Missing and Exploited Children, and any other national and state resource, whether the newborn has been reported as a missing child. The intake worker shall document the request and results of the search in the usual and customary manner of performing intake services under ch. 48, Stats.(4) Take custody of the newborn or child and immediately notify, as appropriate, a law enforcement agency or officer, if any of the following circumstances are believed to exist: (a) The person attempting to relinquish the newborn or child is not the parent of the newborn or child.(b) The child is more than 72 hours old.(c) The newborn or child has been abused or neglected, as defined in s. 48.02(1) and (12g), Stats.(d) The parent who is relinquishing the newborn is being induced or coerced, or has been induced or coerced, into relinquishing the newborn.(5) If required under s. 48.981(3), Stats., a law enforcement officer notified under sub. (4) shall make a referral to a county department or the department in a county having a population of 750,000 or more.(6) Document all of the non-identifying information observed or obtained during the relinquishment, including the information obtained from performing the responsibilities in subs. (1) to (5) and in s. DCF 39.07.Wis. Admin. Code Department of Children and Families DCF 39.09
CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04; corrections in (intro.), (1) (intro.) and (6) made under s. 13.92(4) (b) 7, Stats., Register November 2008 No. 635; correction in (4) (c) made under s. 13.92(4) (b) 7, Stats., Register May 2010 No. 653.Amended by, correction in (2) (Note), (4) (Note) made under s. 13.92(4) (b) 7, Stats., Register October 2015 No. 718, eff.11/1/2015.Amended by, CR 21-107: r. and recr. (5) Register June 2022 No. 798, eff. 7/1/2022