Wis. Stat. § 48.195 — WI Code / Chapter 48 / Section 48.195
Section 48.195
Status: in_force

2. Appropriate staff of the department, county department, or licensed child welfare agency that is providing services to the child.

3. A person authorized to provide or providing intake or dispositional services under s. 48.067 , 48.069 , or 48.10 .

4. An attending physician for purposes of diagnosis and treatment of the child.

5. The child’s foster parent or other person having physical custody of the child.

6. A court conducting proceedings under s. 48.21 , proceedings relating to a petition under s. 48.13 (2m) or 48.42 , or dispositional proceedings under subch. VI or VIII relating to the child, the county corporation counsel, district attorney, or agency legal counsel representing the interests of the public in those proceedings, or the guardian ad litem representing the interests of the child in those proceedings.

7. A tribal court, or other adjudicative body authorized by an Indian tribe to perform child welfare functions, that is exercising jurisdiction over proceedings relating to the child, an attorney representing the interests of the Indian tribe in those proceedings, or an attorney representing the interests of the child in those proceedings.

8. In the case of a child who the person has reason to believe is an Indian child, the tribal agent, as defined in s. 48.981 (1) (i) , of the Indian child’s tribe.

(3) Information for parent.

(a) Subject to par. (b) , a law enforcement officer, emergency medical services practitioner, or hospital staff member who takes a child into custody under sub. (1m) (a) 1. shall make available to the parent who relinquishes custody of the child a brochure that includes all of the following:

1. The maternal and child health toll-free telephone number maintained by the department under 42 USC 705 (a) (5) (E).

2. A statement advising the parent of all of the following:

a. That the parent has the right to remain anonymous.

b. That the provision of any identifying information is voluntary on the part of the parent, and the choice to not provide that information will not affect the parent’s ability to relinquish the child.

c. That any identifying information provided by the parent will be treated as confidential.

3. An explanation of the steps the parent is required to take if the parent changes his or her mind about relinquishing the child.

4. An explanation of the importance to the future well-being of a child of knowing information regarding the child’s social and health history.

5. An explanation of the importance to an Indian child of maintaining a social and cultural connection to the Indian child’s tribe and clan and the potential benefits of tribal enrollment.

6. A quick response code that links to the video recording described under sub. (7) .

(b) The decision whether to accept the information made available under par. (a) is entirely voluntary on the part of the parent. No person may induce or coerce or attempt to induce or coerce any parent into accepting that information.

(4) Immunity from liability.

(a) Any parent who relinquishes custody of his or her child under sub. (1m) 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 paragraph includes immunity for exercising the right to remain anonymous under sub. (2) (a) , the right to leave at any time under sub. (2) (b) , and the right not to accept any information under sub. (3) (b) and immunity from prosecution under s. 948.20 for abandonment of a child or under s. 948.21 for neglecting a child.

(b) Any law enforcement officer, emergency medical services practitioner, or hospital staff member who takes a child into custody under sub. (1m) is immune from any civil liability to the child’s parents, or any 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 or from a newborn infant safety device, but is not immune from any civil or criminal liability for any act or omission occurring in subsequently providing care for the child.

(c) In any civil or criminal proceeding, the good faith of a person specified in par. (a) or (b) is presumed. This presumption may be overcome only by clear and convincing evidence.

(5) Medical assistance eligibility. A child who is taken into custody under sub. (1m) is presumed to be eligible for medical assistance under s. 49.46 or 49.47 .

(6) Rules. The department shall promulgate rules to implement this section. In promulgating those rules, the department shall consider the different circumstances under which a parent might relinquish custody of a child under sub. (1m) . The rules shall include rules prescribing a means by which a parent who relinquishes custody of his or her child under sub. (1m) may, until the granting of an order terminating parental rights, choose to be identified as the child’s parent.

(7) Brochure and video. The department shall develop written materials for inclusion in the brochure under sub. (3) (a) and a video recording of the information under sub. (3) (a) 1. to 5. The department shall consult with the Indian tribes in this state in developing the materials described in sub. (3) (a) 5.

(8) Indian child custody proceedings. Section 48.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963 , apply to any Indian child who is relinquished under this section.

History: 2001 a. 2 ; 2009 a. 28 , 94 , 185 ; 2017 a. 12 , 334 ; 2023 a. 79 ; 2025 a. 94 ; 2025 a. 127 s. 65 .