South Dakota 2025 Regular Session

South Dakota House Bill HB1044

Introduced
1/14/25  
Refer
1/14/25  
Report Pass
1/23/25  
Engrossed
1/27/25  
Refer
2/3/25  
Report Pass
2/21/25  
Enrolled
2/24/25  

Caption

Authorize the use of a newborn safety device for the voluntary surrender of a newborn and to make clarifying changes.

Impact

By amending existing statutes, HB1044 expands the legal protections surrounding the surrender of newborns, ensuring that emergency services providers are not legally liable for actions taken in the course of accepting custody of a surrendered child under stipulated conditions. Furthermore, the bill lays out a clear 14-day timeline after which the rights of the surrendering parent will be terminated, allowing the state or child placement agency to take legal custody of the infant. This legal clarity seeks to address public health concerns and improve the outcomes for newborns in potentially dangerous situations.

Summary

House Bill 1044 is a legislative act aimed at establishing a framework for the voluntary surrender of newborns to emergency services providers or licensed child placement agencies. The bill codifies the acceptable processes by which parents can surrender their newborns without facing criminal charges, provided the infant has not been harmed prior to surrender. Importantly, the legislation allows for the installation of a newborn safety device, which is designed to facilitate this voluntary surrender in a safe and controlled manner. This device must maintain a climate-controlled environment for the newborn and be equipped with safety measures, such as an automatic locking mechanism and an alarm system to alert staff and emergency services upon activation.

Sentiment

Discussions surrounding HB1044 have generally leaned toward a supportive stance, as it aims to protect vulnerable newborns and provide a safer alternative for parents in crisis. Advocates of this bill, including child welfare organizations, regard it as an essential step toward minimizing the abandonment of newborns in unsafe environments. However, some concerns were raised regarding the implications of the rapid termination of parental rights and the potential impact on family dynamics, especially if the non-surrendering parent later seeks custody. Nonetheless, the overarching sentiment has favored the protective measures put forth by the legislation.

Contention

The main points of contention regarding HB1044 revolve around the balance between safeguarding newborns and ensuring that parents, particularly the non-surrendering parent, have adequate rights to contest custody. While the bill seeks to provide essential protections, critics have expressed concerns about the speed at which parental rights can be terminated, arguing it may undermine the rights of parents who face difficult situations. Overall, the dialogue on HB1044 highlights crucial legal and social considerations surrounding child welfare and parental responsibilities.

Companion Bills

No companion bills found.

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