25.120.12 100th Legislative Session 1044
2025 South Dakota Legislature
House Bill 1044
ENROLLED
AN ACT
ENTITLED An Act to authorize the use of a newborn safety device for the voluntary
surrender of a newborn and to make clarifying changes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 25-5A-27 be AMENDED:
25-5A-27. An emergency services provider or licensed child placement agency
must accept physical custody of a newborn if:
(1) The newborn is voluntarily surrendered by the newborn's parent:
(a) To an agent of the provider or agency; or
(b) In a newborn safety device, as provided in section 2 of this Act; and
(2) The parent does not express an intent to return for the newborn.
Any provider or agency that accepts physical custody of a newborn pursuant to this
section shall perform any act necessary to protect the physical health and safety of the
newborn.
Section 2. That a NEW SECTION be added to chapter 25-5A:
An emergency services provider or a licensed child placement agency may install
and maintain a newborn safety device on its premises, if the premises are staffed twenty-
four hours per day, seven days per week. The newborn safety device must:
(1) Be in a conspicuous location on the provider's or agency's premises;
(2) Have a climate-controlled and padded receptacle that is appropriately sized for a
newborn;
(3) Have an exterior door that automatically locks upon placement of a newborn inside;
and
(4) Be equipped with an alarm system that notifies the provider's or agency's staff and
a 911 service when:
(a) The exterior door of the device is opened; and 25.120.12 2 1044
HB1044 ENROLLED
(b) Movement is detected within the device.
A provider or agency that installs a newborn safety device shall test the alarm
system weekly.
Section 3. That § 25-5A-28 be AMENDED:
25-5A-28. It is not a crime for a parent to surrender a newborn to an emergency
services provider or a licensed child placement agency, as provided in § 25-5A-27, if the
newborn has not been harmed prior to being surrendered.
Section 4. That § 25-5A-29 be AMENDED:
25-5A-29. Fourteen days after a parent surrenders a newborn to an emergency
services provider or a licensed child placement agency, as provided in § 25-5A-27:
(1) The parent's rights with respect to the newborn are terminated; and
(2) The legal and physical custody of the newborn is assumed:
(a) By the state; or
(b) By the licensed child placement agency, if the newborn was surrendered to
an agency.
Section 5. That § 25-5A-30 be AMENDED:
25-5A-30. Any emergency services provider or licensed child placement agency
that accepts physical custody of a newborn pursuant to § 25-5A-27 may ask the newborn's
parent for information relating to the newborn's medical history and the names of the
parents. The parent is not required to provide any information.
Section 6. That § 25-5A-31 be AMENDED:
25-5A-31. Any emergency services provider or licensed child placement agency
that accepts physical custody of a newborn pursuant to § 25-5A-27 is immune from civil,
criminal, and administrative liability for any act of commission or omission in connection
with the acceptance of that custody or the provision of care for the newborn while the
newborn is in the provider's or agency's custody.
Nothing in this section grants any relief for injury caused by a willful, wanton, or
reckless act of commission or omission.
Section 7. That § 25-5A-32 be AMENDED: 25.120.12 3 1044
HB1044 ENROLLED
25-5A-32. If an emergency services provider or a licensed child placement agency
accepts physical custody of a newborn, pursuant to § 25-5A-27, the provider or agency
must immediately notify the Department of Social Services.
Except as otherwise provided in this section, the department must assume the
care, custody, and control of the newborn immediately upon receipt of the notice. If a
licensed child placement agency has accepted physical custody, the agency may assume
the care, custody, and control of the newborn.
The department or licensed child placement agency may not attempt to identify,
contact, or investigate the parent who surrendered the newborn, unless it appears the
newborn has been harmed.
Section 8. That § 25-5A-33 be AMENDED:
25-5A-33. If one parent surrenders the newborn to an emergency services
provider or a licensed child placement agency, as provided in § 25-5A-27, the non-
surrendering parent may file an action for custody of the newborn. The non-surrendering
parent shall file the action within thirty days after the provider or agency accepts physical
custody of the newborn from the surrendering parent. In the action, the non-surrendering
parent must prove by a preponderance of the evidence that:
(1) The non-surrendering parent is the parent of the newborn; and
(2) The non-surrendering parent did not consent to the surrender of the newborn to
the provider or agency.
Section 9. That § 25-5A-34 be AMENDED:
25-5A-34. For the purposes of §§ 25-5A-27 to 25-5A-35, inclusive, the following
terms mean:
(1) "Emergency services provider":
(a) An ambulance service licensed in accordance with chapter 34-11;
(b) A fire department;
(c) A health care facility licensed in accordance with chapter 34-12; or
(d) A law enforcement agency; and
(2) "Newborn," a child who appears to be sixty days of age or younger.
Section 10. That § 25-5A-35 be AMENDED: 25.120.12 4 1044
HB1044 ENROLLED
25-5A-35. Sixty days after the emergency services provider or licensed child
placement agency accepts physical custody of the newborn, a hearing must be held in
circuit court to terminate parental rights. 25.120.12 5 1044
HB1044 ENROLLED
An Act to authorize the use of a newborn safety device for the voluntary surrender of a
newborn and to make clarifying changes.
I certify that the attached Act originated in
the:
House as Bill No. 1044
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
House Bill No. 1044
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2025 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2025
Governor
STATE OF SOUTH DAKOTA ,
ss.
Office of the Secretary of State
Filed ____________, 2025
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State