Infant Safe Haven Laws - South Dakota

Infant's Age
Citation: Ann. Laws § 25-5A-34

A newborn may be surrendered. A 'newborn' is a child who appears to be 60 days old or younger.

Who May Relinquish the Infant
Citation: Ann. Laws § 25-5A-27

A newborn may be relinquished by his or her parent.

Who May Receive the Infant
Citation: Ann. Laws §§ 25-5A-27; 25-5A-27.1; 25-5A-34

An emergency medical services provider or licensed child-placing agency must accept physical custody of a newborn if the newborn is voluntarily delivered by the newborn's parent–and the parent does not express an intent to return for the child—to an agent of the provider or agency or in a newborn safety device. 

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 24 hours per day, 7 days per week. The newborn safety device must meet the following requirements:

• It must be in a conspicuous location on the provider's or agency's premises.
• It must have a climate-controlled and padded receptacle that is appropriately sized for a newborn.
• It must have an exterior door that automatically locks upon placement of a newborn inside.
• It must be equipped with an alarm system that notifies the provider's or agency's staff and a 911 service when the exterior door of the device is opened and movement is detected within the device.

A provider or agency that installs a newborn safety device shall test the alarm system weekly.

An emergency medical services provider is any of the following:

• A licensed ambulance service or licensed health-care facility
• A fire department
• A law enforcement agency

Responsibilities of the Safe Haven Provider
Citation: Ann. Laws §§ 25-5A-27; 25-5A-30; 25-5A-32

Any provider or agency who takes possession of a child pursuant to this section shall perform any act necessary to protect the physical health and safety of the child.

Any emergency medical services provider or licensed child-placing agency that accepts physical custody of a newborn may ask the newborn's parent for information related to the newborn's medical history and the names of the parents. The parent is not required to provide any information.

If the emergency medical services provider or a licensed child-placing agency accepts physical custody of a newborn, the provider or agency must immediately notify the Department of Social Services. The department must assume the care, custody, and control of the newborn immediately upon receipt of the notice. If a licensed child-placing agency has accepted physical custody, the agency may assume the care, custody, and control of the newborn.

Immunity for the Provider
Citation: Ann. Laws § 25-5A-31

Any emergency medical services provider or licensed child-placing agency that accepts physical custody of a newborn 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.

Protection for Relinquishing Parent
Citation: Ann. Laws §§ 25-5A-28; 25-5A-30; 25-5A-32

It is not a crime for a parent to surrender a newborn to an emergency medical services provider or a licensed child-placing agency if the child has not been harmed prior to being surrendered.

The parent leaving the child is not required to provide any information, including the name of the parents.

The department or licensed child-placing agency may not attempt to identify, contact, or investigate the parent who voluntarily delivered the child to an emergency medical services provider or a licensed child-placing agency unless it appears the child has been harmed.

Consequences of Relinquishment
Citation: Ann. Laws §§ 25-5A-29; 25-5A-33; 25-5A-35; 25-5A-36

Fourteen days after a parent surrenders a newborn to an emergency medical services provider or a licensed child-placing agency, the following occurs:

• The parent's rights with respect to the newborn are terminated.
• The legal and physical custody of the newborn is assumed by the State or licensed child-placing agency if the newborn was surrendered to an agency.

If one parent surrenders the newborn to an emergency medical services provider or a licensed child-placing agency, the nonsurrendering parent may file an action for custody of the newborn. The nonsurrendering parent shall file such an action within 30 days after the provider or agency accepts physical custody of the child from the surrendering parent. In the action, the nonsurrendering parent must prove the following by a preponderance of the evidence:

• He or she is the parent of the child.
• He or she did not consent to the surrender of the newborn to the provider or agency.

A hearing shall be held in circuit court to terminate parental rights 60 days after the emergency medical services provider or licensed child-placing agency takes possession of the child.