Town of Madison Title:
Safe Place for Newborns
Police Dept.
Effective Date:
Number:
701
Reference: §48.195, §48.981
No. Pages:
Special Instructions:
3
Replaces 701 dated 06/20/03
Distribution: All Personnel
Reevaluation Date: January 1, 2006
Index as: Safe Place for Newborns
January 1, 2005
I.
PURPOSE
The purpose of this policy is to provide police officers with guidelines to follow when
taking into custody a child whom a law enforcement officer believes to be 72 hours old or
younger and the parent of the child relinquishes custody of the child and does not express
an intent to return for the child.
II.
POLICY
It is the policy of this Department to support the “Safe Place for Newborns” program in
Dane County.
IIII.
DEFINITIONS
Safe Place for Newborns: A program that encourages parents of unwanted newborns and
infants to leave their unharmed newborn child 72 hours old or younger to the care of a
law enforcement officer, emergency medical technician, or hospital staff member and
does not express intent to return for the child.
IV.
PROCEDURES
A. Taking a child into custody
1. Parents of unwanted newborns and infants may leave their unharmed newborn
child 72 hours old or younger to the care of a law enforcement officer,
emergency medical technician, or hospital staff member and not express intent
to return for the child. If this occurs the officer shall:
a. Inform the relinquishing parent of the telephone number for the
maternal and child health organization, 1-800-722-2295. The
decision to accept this phone number is entirely voluntary on the part
of the parent.
b. The officer shall attempt to obtain information about the child’s date
of birth, medical history or health concerns. The officer shall advise
the parent which hospital the child will be taken to in case the parent
wants to provide health information to hospital personnel. Any
information obtained from the parents shall be confidential and
released only to medical staff and Human Services.
c. Call Town of Madison EMS to care for the child and transport the
child to a Madison Hospital.
d. The initial officer will contact the on-call Dane County Human
Services worker.
e. The initial officer will respond to the hospital along with EMS
personnel to inform hospital personnel of the circumstances of the
child being relinquished.
B. Anonymity and Confidentiality
1. A parent who relinquishes custody of a child and any person who assists the
parent have the right to remain anonymous.
2. An officer will not induce or coerce a parent or person assisting a parent who
wishes to remain anonymous into revealing his or her identify.
3. If the officer has reasonable cause to suspect that the child has been the victim
of abuse or neglect, as defined in §48.981(1)(d),or that the person assisting the
parent is coercing the parent into relinquishing the child the officer shall
conduct a complete investigation.
4. The officer shall not follow or pursue the parent or person assisting the parent,
in an attempt to identify the parent or person assisting the parent unless the
officer has reasonable cause to suspect that the child has been the victim of
abuse or neglect, as defined in §48.981(1)(d).
C. Immunity from liability
1. Any parent who relinquishes custody of his or her child under §48.195 and
any person who assists the parent in that relinquishment are immune from any
civil or criminal liability for any good faith act or omission in connection with
that relinquishment. The immunity granted under this state statute includes
immunity for exercising the right to remain anonymous, the right to leave at
any time, and the right not to accept any information (telephone number in
section IV(A)(1)(a), and immunity from prosecution under §948.20 for
abandonment of a child or §984.21 for neglecting a child.
2. The officer who takes a child into custody under §48.195(1) is immune for
any civil liability to the child’s parents, or criminal liability for any good faith
act or omission occurring solely in connection with the act of receiving
custody of the child from the child’s parents, but is not immune from any civil
or criminal liability for any act or omission occurring in subsequently
providing care for the child.
D. 24 Hour Crisis Hotline.
The Safe Place for Newborns of Wisconsin, Inc runs a 24 hour crisis hotline to
inform parents who are considering abandoning their child about leaving the child
with a hospital employee at any hospital in Dane County without fear of
prosecution. The crisis hotline may be contacted at: 1-877-440-2229. The Dane
County coordinator can be contacted at 225-5544.
BY ORDER OF:
Scott T. Gregory
Chief of Police