This bill amends existing laws regarding the voluntary surrender of newborns in South Dakota by introducing the use of a newborn safety device. It allows emergency services providers or licensed child placement agencies to install and maintain these devices on their premises, provided they are staffed 24/7. The safety device must be located conspicuously, have a climate-controlled and padded receptacle, an automatically locking exterior door, and an alarm system that alerts staff and 911 when a newborn is placed inside or when movement is detected. Additionally, the bill mandates that the alarm system be tested weekly.

The bill also clarifies the legal framework surrounding the surrender process, including the termination of parental rights after 14 days, the immunity from liability for providers and agencies accepting custody, and the requirement to notify the Department of Social Services immediately upon accepting custody of a newborn. It specifies that the department or agency cannot attempt to identify or contact the surrendering parent unless there is evidence of harm to the newborn. Furthermore, it outlines the rights of a non-surrendering parent to file for custody within 30 days of 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