This bill amends existing South Dakota law to authorize the use of a newborn safety device for the voluntary surrender of newborns. It establishes that emergency services providers or licensed child placement agencies must accept custody of a newborn if surrendered voluntarily by a parent, either directly to an agent or through a newborn safety device. The bill outlines the specifications for the safety device, including its location, climate control, locking mechanism, and alarm system, which must notify staff and emergency services when a newborn is placed inside. Additionally, it mandates that the alarm system be tested weekly.

The bill also clarifies the legal implications surrounding the surrender of a newborn, including the termination of parental rights fourteen days after surrender and the immunity from liability for providers or agencies accepting custody. It specifies that the Department of Social Services must be notified immediately upon acceptance of custody and that they cannot investigate the surrendering parent unless there is evidence of harm to the newborn. Furthermore, it allows a non-surrendering parent to file for custody within thirty days, requiring them to prove their relationship to the newborn and lack of consent to the surrender.

Statutes affected:
Introduced, 01/10/2025: 25-5A-27, 25-5A-28, 25-5A-29, 25-5A-30, 25-5A-31, 25-5A-32, 25-5A-33, 25-5A-34, 25-5A-35
Enrolled, 02/25/2025: 25-5A-27, 25-5A-28, 25-5A-29, 25-5A-30, 25-5A-31, 25-5A-32, 25-5A-33, 25-5A-34, 25-5A-35