An Act to amend 48.195 (1m) (a) (intro.), 48.355 (2d) (b) 5. and 48.415 (1m) of the statutes; Relating to: the age at which an infant is covered under the safe haven law.
Summary
AB237 would expand Wisconsin’s safe haven law by increasing the maximum age of an infant eligible for safe-haven relinquishment from 72 hours old to 30 days old. Under current law, a parent may safely and anonymously relinquish custody of a newborn infant to a law enforcement officer, emergency medical services practitioner, or hospital staff member, or leave the infant in an approved newborn infant safety device, without facing civil or criminal liability for a good-faith act or omission connected to the relinquishment. This bill broadens that protection to infants up to 30 days old.
The bill also updates related child welfare statutes so that a court finding of relinquishment under the safe haven law can be based on a child being 30 days old or younger, rather than 72 hours old or younger. Those changes affect provisions governing child custody and grounds for termination of parental rights, ensuring the expanded safe-haven age limit is reflected consistently across the statutes.
Impact
AB237 amends sections 48.195, 48.355, and 48.415 of the Wisconsin statutes. Its practical effect is to extend safe-haven protections and related legal consequences to a broader class of infants, giving parents more time after birth to relinquish custody without liability and allowing hospitals, emergency responders, and law enforcement to accept those infants under the safe-haven framework. It also changes how relinquishment findings may be used in custody and termination-of-parental-rights proceedings.
Sentiment
The available bill materials show a generally supportive or protective policy approach, with the bill introduced by a bipartisan group of legislators and no recorded committee transcript or vote history indicating opposition in the provided materials. The measure appears aimed at increasing access to a legal surrender option for parents in crisis and reducing the risk that an infant is abandoned outside the safe-haven system.
Contention
No specific contention is documented in the provided transcripts or votes. The likely policy question is whether expanding the safe-haven age from 72 hours to 30 days is appropriate, balancing infant safety and parental flexibility against concerns that a longer window could alter expectations around newborn care and custody decisions. Any disagreement would likely center on child welfare policy, parental rights, and the scope of immunity for relinquishment-related acts.
Crossfiled
An Act to amend 48.195 (1m) (a) (intro.), 48.355 (2d) (b) 5. and 48.415 (1m) of the statutes; Relating to: the age at which an infant is covered under the safe haven law.