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 physical 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, automatic locking mechanism, and alarm system, which must notify staff and emergency services when a newborn is placed inside or if movement is detected. Additionally, it 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 fourteen 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. It further stipulates that the non-surrendering parent may file for custody within thirty days, and defines key terms such as "emergency services provider" and "newborn." Overall, the legislation aims to enhance the safety and efficiency of newborn surrender procedures while protecting the rights of parents and the welfare of the child.

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