South Dakota 2025 Regular Session

South Dakota House Bill HB1044 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.120.12 100th Legislative Session 1044
	1	+	25.120.11 100th Legislative Session 1044
2	2
3	3
4	4		2025 South Dakota Legislature
5	5		House Bill 1044
6		-	ENROLLED
7		-
8		-	AN ACT
9		-
10		-
11		-	ENTITLED An Act to authorize the use of a newborn safety device for the voluntary
12		-	surrender of a newborn and to make clarifying changes.
13		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
14		-	Section 1. That § 25-5A-27 be AMENDED:
15		-	25-5A-27. An emergency services provider or licensed child placement agency
16		-	must accept physical custody of a newborn if:
17		-	(1) The newborn is voluntarily surrendered by the newborn's parent:
18		-	(a) To an agent of the provider or agency; or
19		-	(b) In a newborn safety device, as provided in section 2 of this Act; and
20		-	(2) The parent does not express an intent to return for the newborn.
21		-	Any provider or agency that accepts physical custody of a newborn pursuant to this
22		-	section shall perform any act necessary to protect the physical health and safety of the
23		-	newborn.
24		-	Section 2. That a NEW SECTION be added to chapter 25-5A:
25		-	An emergency services provider or a licensed child placement agency may install
26		-	and maintain a newborn safety device on its premises, if the premises are staffed twenty-
27		-	four hours per day, seven days per week. The newborn safety device must:
28		-	(1) Be in a conspicuous location on the provider's or agency's premises;
29		-	(2) Have a climate-controlled and padded receptacle that is appropriately sized for a
30		-	newborn;
31		-	(3) Have an exterior door that automatically locks upon placement of a newborn inside;
32		-	and
33		-	(4) Be equipped with an alarm system that notifies the provider's or agency's staff and
34		-	a 911 service when:
35		-	(a) The exterior door of the device is opened; and 25.120.12 2 1044
36		-	HB1044 ENROLLED
37		-	(b) Movement is detected within the device.
38		-	A provider or agency that installs a newborn safety device shall test the alarm
39		-	system weekly.
40		-	Section 3. That § 25-5A-28 be AMENDED:
41		-	25-5A-28. It is not a crime for a parent to surrender a newborn to an emergency
42		-	services provider or a licensed child placement agency, as provided in § 25-5A-27, if the
43		-	newborn has not been harmed prior to being surrendered.
44		-	Section 4. That § 25-5A-29 be AMENDED:
45		-	25-5A-29. Fourteen days after a parent surrenders a newborn to an emergency
46		-	services provider or a licensed child placement agency, as provided in § 25-5A-27:
47		-	(1) The parent's rights with respect to the newborn are terminated; and
48		-	(2) The legal and physical custody of the newborn is assumed:
49		-	(a) By the state; or
50		-	(b) By the licensed child placement agency, if the newborn was surrendered to
51		-	an agency.
52		-	Section 5. That § 25-5A-30 be AMENDED:
53		-	25-5A-30. Any emergency services provider or licensed child placement agency
54		-	that accepts physical custody of a newborn pursuant to § 25-5A-27 may ask the newborn's
55		-	parent for information relating to the newborn's medical history and the names of the
56		-	parents. The parent is not required to provide any information.
57		-	Section 6. That § 25-5A-31 be AMENDED:
58		-	25-5A-31. Any emergency services provider or licensed child placement agency
59		-	that accepts physical custody of a newborn pursuant to § 25-5A-27 is immune from civil,
60		-	criminal, and administrative liability for any act of commission or omission in connection
61		-	with the acceptance of that custody or the provision of care for the newborn while the
62		-	newborn is in the provider's or agency's custody.
63		-	Nothing in this section grants any relief for injury caused by a willful, wanton, or
64		-	reckless act of commission or omission.
65		-	Section 7. That § 25-5A-32 be AMENDED: 25.120.12 3 1044
66		-	HB1044 ENROLLED
67		-	25-5A-32. If an emergency services provider or a licensed child placement agency
68		-	accepts physical custody of a newborn, pursuant to § 25-5A-27, the provider or agency
69		-	must immediately notify the Department of Social Services.
70		-	Except as otherwise provided in this section, the department must assume the
71		-	care, custody, and control of the newborn immediately upon receipt of the notice. If a
72		-	licensed child placement agency has accepted physical custody, the agency may assume
73		-	the care, custody, and control of the newborn.
74		-	The department or licensed child placement agency may not attempt to identify,
75		-	contact, or investigate the parent who surrendered the newborn, unless it appears the
76		-	newborn has been harmed.
77		-	Section 8. That § 25-5A-33 be AMENDED:
78		-	25-5A-33. If one parent surrenders the newborn to an emergency services
79		-	provider or a licensed child placement agency, as provided in § 25-5A-27, the non-
80		-	surrendering parent may file an action for custody of the newborn. The non-surrendering
81		-	parent shall file the action within thirty days after the provider or agency accepts physical
82		-	custody of the newborn from the surrendering parent. In the action, the non-surrendering
83		-	parent must prove by a preponderance of the evidence that:
84		-	(1) The non-surrendering parent is the parent of the newborn; and
85		-	(2) The non-surrendering parent did not consent to the surrender of the newborn to
86		-	the provider or agency.
87		-	Section 9. That § 25-5A-34 be AMENDED:
88		-	25-5A-34. For the purposes of §§ 25-5A-27 to 25-5A-35, inclusive, the following
89		-	terms mean:
90		-	(1) "Emergency services provider":
91		-	(a) An ambulance service licensed in accordance with chapter 34-11;
92		-	(b) A fire department;
93		-	(c) A health care facility licensed in accordance with chapter 34-12; or
94		-	(d) A law enforcement agency; and
95		-	(2) "Newborn," a child who appears to be sixty days of age or younger.
96		-	Section 10. That § 25-5A-35 be AMENDED: 25.120.12 4 1044
97		-	HB1044 ENROLLED
98		-	25-5A-35. Sixty days after the emergency services provider or licensed child
99		-	placement agency accepts physical custody of the newborn, a hearing must be held in
100		-	circuit court to terminate parental rights. 25.120.12 5 1044
101		-	HB1044 ENROLLED
102		-	An Act to authorize the use of a newborn safety device for the voluntary surrender of a
103		-	newborn and to make clarifying changes.
104		-
105		-
106		-
107		-
108		-	I certify that the attached Act originated in
109		-	the:
110		-
111		-	House as Bill No. 1044
112		-
113		-
114		-
115		-	Chief Clerk
116		-
117		-
118		-
119		-
120		-	Speaker of the House
121		-
122		-	Attest:
123		-
124		-
125		-
126		-
127		-	Chief Clerk
128		-
129		-
130		-
131		-
132		-	President of the Senate
133		-
134		-	Attest:
135	6
136	7
137	8
138	9
139	10
140		-	Secretary of the Senate
141	11
	12	+	Introduced by: Representative Soye
142	13
143		-
144		-	House Bill No. 1044
145		-	File No. ____
146		-	Chapter No. ______
147		-
148		-
149		-
150		-	Received at this Executive Office
151		-	this _____ day of _____________,
152		-
153		-	2025 at ____________M.
154		-
155		-
156		-
157		-	By
158		-	for the Governor
159		-
160		-
161		-	The attached Act is hereby
162		-	approved this ________ day of
163		-	______________, A.D., 2025
164		-
165		-
166		-
167		-
168		-
169		-	Governor
170		-
171		-	STATE OF SOUTH DAKOTA ,
172		-	ss.
173		-	Office of the Secretary of State
174		-
175		-
176		-	Filed ____________, 2025
177		-	at _________ o'clock __M.
178		-
179		-
180		-
181		-
182		-
183		-	Secretary of State
184		-
185		-
186		-
187		-	By
188		-	Asst. Secretary of State
189		-
190		-
	14	+	Underscores indicate new language.
	15	+	Overstrikes indicate deleted language.
	16	+	An Act to authorize the use of a newborn safety device for the voluntary surrender 1
	17	+	of a newborn and to make clarifying changes. 2
	18	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
	19	+	Section 1. That § 25-5A-27 be AMENDED: 4
	20	+	25-5A-27. An emergency medical services provider or licensed child placement 5
	21	+	agency shall take possession must accept physical custody of a child who appears to be 6
	22	+	sixty days of age or younger newborn if the child: 7
	23	+	(1) The newborn is voluntarily delivered to surrendered by the newborn's parent: 8
	24	+	(a) To an agent of the provider or agency by the child's parent and the; or 9
	25	+	(b) In a newborn safety device, as provided in section 2 of this Act; and 10
	26	+	(2) The parent does not express an intent to return for the child newborn. 11
	27	+	Any provider or agency who takes possession that accepts physical custody of a 12
	28	+	child newborn pursuant to this section shall perform any act necessary to protect the 13
	29	+	physical health and safety of the child newborn. 14
	30	+	Section 2. That a NEW SECTION be added to chapter 25-5A: 15
	31	+	An emergency services provider or a licensed child placement agency may install 16
	32	+	and maintain a newborn safety device on its premises, if the premises are staffed twenty-17
	33	+	four hours per day, seven days per week. The newborn safety device must: 18
	34	+	(1) Be in a conspicuous location on the provider's or agency's premises; 19
	35	+	(2) Have a climate-controlled and padded receptacle that is appropriately sized for a 20
	36	+	newborn; 21
	37	+	(3) Have an exterior door that automatically locks upon placement of a newborn inside; 22
	38	+	and 23
	39	+	(4) Be equipped with an alarm system that notifies the provider's or agency's staff and 24
	40	+	a 911 service when: 25 25.120.11 2 1044
	41	+	Underscores indicate new language.
	42	+	Overstrikes indicate deleted language.
	43	+	(a) The exterior door of the device is opened; and 1
	44	+	(b) Movement is detected within the device. 2
	45	+	A provider or agency that installs a newborn safety device shall test the alarm 3
	46	+	system weekly. 4
	47	+	Section 3. That § 25-5A-28 be AMENDED: 5
	48	+	25-5A-28. It is not a crime for a parent to deliver surrender a child newborn to an 6
	49	+	emergency medical services provider or a licensed child placement agency, as provided in 7
	50	+	§ 25-5A-27, if the child newborn has not been harmed prior to being left with the 8
	51	+	emergency medical services provider or a licensed child placement agency surrendered. 9
	52	+	Section 4. That § 25-5A-29 be AMENDED: 10
	53	+	25-5A-29. If a parent of a child relinquishes custody of the child Fourteen days 11
	54	+	after a parent surrenders a newborn to an emergency medical services provider or a 12
	55	+	licensed child placement agency, as provided in § 25-5A-27, then, after fourteen days, by 13
	56	+	operation of law: 14
	57	+	(1) All of that The parent's rights with respect to the child newborn are terminated; 15
	58	+	and 16
	59	+	(2) The child becomes a ward of the legal and physical custody of the newborn is 17
	60	+	assumed: 18
	61	+	(a) By the state; or 19
	62	+	(b) By the licensed child placement agency, if the newborn was surrendered to 20
	63	+	an agency. 21
	64	+	Section 5. That § 25-5A-30 be AMENDED: 22
	65	+	25-5A-30. Any emergency medical services provider or licensed child placement 23
	66	+	agency that accepts physical custody of a child newborn pursuant to § 25-5A-27 may ask 24
	67	+	the child's newborn's parent for pertinent medical information relating to the child's 25
	68	+	newborn's medical history and the names of the parents. However, the The parent leaving 26
	69	+	the child is not required to provide any information, including the name of the parents. 27
	70	+	Section 6. That § 25-5A-31 be AMENDED: 28
	71	+	25-5A-31. Any emergency medical services provider or licensed child placement 29
	72	+	agency that accepts physical custody of a child newborn pursuant to § 25-5A-27 is 30 25.120.11 3 1044
	73	+	Underscores indicate new language.
	74	+	Overstrikes indicate deleted language.
	75	+	immune from civil, criminal, and administrative liability for any act of commission or 1
	76	+	omission in connection with the acceptance of that custody or the provision of care for the 2
	77	+	child newborn while the child newborn is in the provider's or agency's custody. 3
	78	+	Nothing in this section grants any relief for injury caused by a willful, wanton, or 4
	79	+	reckless act of commission or omission. 5
	80	+	Section 7. That § 25-5A-32 be AMENDED: 6
	81	+	25-5A-32. The If an emergency medical services provider or a licensed child 7
	82	+	placement agency shall accepts physical custody of a newborn, pursuant to § 25-5A-27, 8
	83	+	the provider or agency must immediately notify the Department of Social Services that 9
	84	+	the provider or agency has taken possession of the child. 10
	85	+	The Except as otherwise provided in this section, the department or licensed child 11
	86	+	placement agency shall must assume the care, custody, and control of the child newborn 12
	87	+	immediately upon receipt of the notice. However, If a licensed child placement agency 13
	88	+	that has taken possession of a child accepted physical custody, the agency may assume 14
	89	+	the care, custody, and control of the child newborn. 15
	90	+	The department or licensed child placement agency may not attempt to identify, 16
	91	+	contact, or investigate the parent who voluntarily delivered surrendered the child to an 17
	92	+	emergency medical services provider or a licensed child placement agency newborn, 18
	93	+	unless it appears the child newborn has been harmed. 19
	94	+	Section 8. That § 25-5A-33 be AMENDED: 20
	95	+	25-5A-33. If one parent of a child relinquishes custody of surrenders the child 21
	96	+	newborn to an emergency medical services provider or a licensed child placement agency, 22
	97	+	as provided in § 25-5A-27, the other non-surrendering parent may file an action for 23
	98	+	custody of the child newborn. The nonrelinquishing non-surrendering parent shall file such 24
	99	+	an the action within thirty days after the provider or agency accepts physical custody of 25
	100	+	the child newborn from the relinquishing surrendering parent. In such an the action, the 26
	101	+	nonrelinquishing non-surrendering parent shall must prove the following by a 27
	102	+	preponderance of the evidence that: 28
	103	+	(1) He or she The non-surrendering parent is the parent of the child newborn; and 29
	104	+	(2) He or she The non-surrendering parent did not consent to relinquishment of the 30
	105	+	child's custody surrender of the newborn to the provider or agency. 31
	106	+	Section 9. That § 25-5A-34 be AMENDED: 32 25.120.11 4 1044
	107	+	Underscores indicate new language.
	108	+	Overstrikes indicate deleted language.
	109	+	25-5A-34. For the purposes of §§ 25-5A-27 to 25-5A-35, inclusive, an emergency 1
	110	+	medical services provider is a licensed health care facility or a clinic, any agent of a 2
	111	+	licensed health care facility or a clinic, a law enforcement officer, an emergency medical 3
	112	+	technician, or a firefighter the following terms mean: 4
	113	+	(1) "Emergency services provider": 5
	114	+	(a) An ambulance service licensed in accordance with chapter 34-11; 6
	115	+	(b) A fire department; 7
	116	+	(c) A health care facility licensed in accordance with chapter 34-12; or 8
	117	+	(d) A law enforcement agency; and 9
	118	+	(2) "Newborn," a child who appears to be sixty days of age or younger. 10
	119	+	Section 10. That § 25-5A-35 be AMENDED: 11
	120	+	25-5A-35. Sixty days after the emergency medical services provider or licensed 12
	121	+	child placement agency takes possession accepts physical custody of the child newborn, 13
	122	+	a hearing shall must be held in circuit court to terminate parental rights. 14