HB 1044 South Dakota House · 2025 Regular Session

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

HB 1044 authorizes the use of a newborn safety device, commonly known as a baby box, to allow parents to voluntarily surrender their newborn infants safely. The bill permits hospitals and other facilities to operate these devices and provides a legal framework for the surrender process without requiring parental identification. It also includes clarifying changes to existing laws to ensure the procedure is properly documented and handled by medical professionals. This measure aims to provide a safe alternative for parents who cannot care for their newborns while protecting the child's well-being.

Issues: ✓ Healthcare

Bill status signed all 5 stages cleared

Introduction

Jan 2025

Committee Review

Feb 2025

House Passage

Feb 2025

Senate Passage

Feb 2025

Signed into Law

Mar 2025

Introduced Jan 14, 2025 Signed Mar 6, 2025

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Enrolled · 5 edits · Feb 25, 2025

MODERATE

This bill authorizes emergency services providers and child placement agencies to install and maintain newborn safety devices for voluntary surrender of infants, while clarifying existing laws about newborn surrender procedures. The changes establish specific requirements for these devices, clarify when parental rights are terminated, and outline procedures for non-surrendering parents to contest custody.

Scope change

The bill expands the scope by formally authorizing the installation and use of newborn safety devices on premises of emergency services providers and licensed child placement agencies, which previously may have been informal or unclear.

REQUIREMENT

Added new requirements for newborn safety devices including climate-controlled padded receptacles, automatic locking doors, alarm systems for door opening and movement detection, and weekly testing protocols.

Added requirement that providers immediately notify the Department of Social Services when accepting newborn custody.

TIMELINE

Clarified that parental rights are terminated 14 days after surrender, with a 30-day window for non-surrendering parents to file custody actions.

ENFORCEMENT

Added immunity provisions for providers and agencies accepting newborn custody, except for willful, wanton, or reckless acts.

DEFINITION

Defined 'emergency services provider' to include ambulance services, fire departments, health care facilities, and law enforcement agencies.

Floor votes · Senate Feb 24, 2025 · House Jan 27, 2025

How they voted

35–0

Passed

Total votes 35

Feb 24, 2025

D Democratic3

3 Yea

100% Yea

R Republican32

32 Yea

100% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 6, 2025

Signed into law

Signed by the Governor on 2025-03-06 H.J. 475

executive

Feb 26, 2025

Lower · Passed

Signed by the President S.J. 397

lower

Feb 25, 2025

Lower · Passed

Signed by the Speaker H.J. 401

lower

Feb 24, 2025

Lower · Passed

Senate Do Pass , Passed, YEAS 35, NAYS 0 S.J. 361

lower

Feb 21, 2025

Lower · Passed

Health and Human Services Do Pass , Passed, YEAS 7, NAYS 0

lower

Feb 3, 2025

Committee

Referred to S.J. 153

lower

Jan 27, 2025

Lower · Passed

House of Representatives Do Pass , Passed, YEAS 68, NAYS 0 H.J. 123

lower

Jan 23, 2025

Lower · Passed

Certified uncontested, placed on consent , Passed,

lower

Jan 23, 2025

Lower · Passed

Health and Human Services Do Pass , Passed, YEAS 13, NAYS 0

lower

Jan 14, 2025

Introduced

First read in House and referred to H.J. 12

lower

36 primary · 0 co-sponsors