| |
List of Enacted State Safe Haven Legislation
CWLA Summary for South Dakota
Which babies may be relinquished?
- Child must be less than 60 days old.
Who may relinquish a baby?
- Parent:
- Voluntarily delivers child to the safe haven.
- Does not express an intent to return for the child.
What are the incentives for a person to relinquish a baby at a Safe Haven?
- Protection from Liability:
- Relinquishment is not a crime if the child was unharmed.
Who can accept a relinquished baby?
- Emergency medical services provider
- Licensed health care facility or clinic
- Law enforcement officer
- Emergency medical technician
- Firefighter
- Licensed child placement agency
What are the responsibilities of a Safe Haven?
- Take possession of the child.
- Perform any act necessary to protect the health and safety of the child.
- May ask the parent for pertinent medical information.
- Parent not required to provide any information.
- Immediately notify the Department of Social Services.
Is the Safe Haven protected from liability for its actions?
- Yes: Immune from civil, criminal, and administrative liability.
Children's Rights
- Medical Information:
- Safe haven may ask the parent for pertinent medical information.
- Parent not required to provide any information.
Care for the Child/Placement for Adoption
- Department of Social Services shall assume the care, custody, and control of the child.
- However, a licensed child placement agency that has taken possession of a child may assume the care, custody and control of the child.
- May not attempt to identify, contact, or investigate the parent who delivered the child unless it appears the child has been harmed.
- After 14 days, the parental rights of the parent who relinquished the child are terminated, and the child becomes a ward of the state or licensed child placement agency.
- 60 days after child is relinquished, a hearing shall be held to terminate parental rights.
Non-Relinquishing Parent's Rights
- If one parent relinquishes custody, the other parent may file for custody.
- Must file within 30 days after the child is relinquished.
- Must prove he/she is the parent of the child.
- Must prove he/she did not consent to relinquishment.
Notes
- Due regard in the administration of this Act shall be afforded to the Indian Child Welfare Act if that Act is applicable.
 Back to Top  Printer-friendly Page  Contact Us
|
|
