This bill amends existing South Dakota law to authorize the use of a newborn safety device for the voluntary surrender of newborns and clarifies the procedures surrounding such surrenders. It specifies that emergency services providers or licensed child placement agencies must accept physical custody of a newborn if the newborn is voluntarily surrendered by a parent, either directly to an agent of the provider or agency or through a newborn safety device. The bill outlines the requirements for the safety device, including its location, design, locking mechanism, and alarm system, and mandates that the device be tested weekly.

Additionally, the bill makes several amendments to existing statutes regarding the legal implications of surrendering a newborn. It clarifies that surrendering a newborn is not a crime if the newborn has not been harmed and establishes that parental rights are terminated fourteen days after surrender. The bill also provides immunity from liability for providers or agencies accepting custody of a newborn and outlines the responsibilities of the Department of Social Services in these cases. Overall, the legislation aims to create a safe and structured process for the voluntary surrender of newborns while ensuring their protection and welfare.

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