Bill > HB1044

This bill modifies existing South Dakota law to authorize and regulate newborn safety devices, which are secure, climate-controlled receptacles where parents can anonymously and safely surrender newborns at facilities staffed 24/7. The bill specifies that emergency services providers (such as ambulance services, fire departments, healthcare facilities, and law enforcement agencies) or licensed child placement agencies can install these devices, which must have a padded, appropriately-sized receptacle, an automatically locking door, and an alarm system that notifies staff and 911 when the device is opened or movement is detected inside. The legislation clarifies that parents can surrender a newborn (defined as a child appearing to be 60 days old or younger) without committing a crime, and that the parent's rights are terminated 14 days after surrender. The bill also provides legal protections for the providers, ensuring they are immune from civil, criminal, and administrative liability for accepting and caring for the newborn, except in cases of willful or reckless actions. Furthermore, the bill establishes that the Department of Social Services or the child placement agency will assume care of the newborn, and a non-surrendering parent has 30 days to file a custody action. A court hearing to terminate parental rights must be held 60 days after the newborn's surrender.

Health and Social Services

https://sdlegislature.gov/#/Session/Bill/25473