Newborn Safe Havens

Parenting is an exciting and enjoyable time for some, and for others, it can bring a great deal of stress and fear. If, for any reason, you feel you cannot parent your child, there are safe places where you can leave your baby. These safe places will welcome your baby with open arms, no questions asked, and will also ensure your baby receives the care and protection they deserve.

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State law in South Dakota allows you to voluntarily leave your baby with a hospital or child placement agency if your child is less than 60 days old. This is also known as the Baby Moses Law. Leaving your baby with one of these places is NOT a crime as long as your child has not been harmed.

You can leave your baby with:

• Hospitals or clinics
• Law enforcement officers
• Licensed child placement agencies
• Department of Social Services offices
• Emergency medical technicians
• Firefighters

You may be asked for medical information related to your baby’s medical history. However, you will NOT be required to provide any information, including your name or the other parent’s name.

Your Parental Rights WILL Be Terminated

If you do not express your intent to return for your baby, your parental rights to your child will be terminated after 14 days. Your baby is then taken into care by the Department of Social Services’ Division of Child Protection Services or the licensed child placement agency.

The place where you leave your baby must notify the Department of Social Services about having your child. The Department cannot attempt to identify, contact or investigate you unless it appears your child has been harmed. The Department or the child placement agency will take custody and care for your baby.

Your baby’s other parent has the right to file for custody after you have given the baby up. To gain custody, the other parent has 30 days to prove he or she is the parent of your baby and that he or she did not consent to giving up the child’s custody.

If the other parent does not come forward and 60 days have passed, a circuit court hearing is held to terminate the parental rights. This means you no longer have any rights to your baby.

*For more information on this law, see SDCL 25-5A-27 through 25-5A-35.

**If applicable, the Indian Child Welfare Act must be followed.

Safe Places to Consider