What is the Baby Moses Law in South Dakota?

SIOUX FALLS, S.D. (KELO) – Police are still investigating what led to an infant being found dead Tuesday morning at a recycling center in Sioux Falls.

“In a situation like this, this may take a long time before we’re able to come up with anything,” Sam Clemens with SFPD said on Wednesday morning.

News of the investigation has mental health counselors reminding people about South Dakota’s Baby Moses Law . Also called the Safe Haven Law, it’s a way to safely surrender an infant. While it’s unsure what state the baby’s caregiver was in when the infant was discarded, there are places new parents can turn for help. It can begin with a call to the Helpline Center .

“It’s really giving them some resources for counseling and giving them some resources and say with the Safe Haven Law, here’s some places you can go to that you’re not going to be prosecuted. They’re not going to ask a whole lot of questions other than to make sure the baby’s okay,” 988 Program Director Evonne Hawe said.

Under South Dakota’s Baby Moses Law, a parent may voluntarily leave their baby with an emergency medical services provider, hospital or child placement agency if the child is under 60 days old and unharmed. In doing so, the parent will not be charged with any crime.

The Department of Social Services cannot try to identify or contact you about your decision unless it looks like the baby has been harmed. Whatever the reason for giving up a child may be, 988 staff are ready to help.

“Our ultimate goal, whether the person decides to keep that baby or not, is how do we help them going through whatever’s going on with the mental health crisis that they’re struggling with because we don’t know what it is,” Hawe said. “The biggest thing is when any of us are in a crisis, we don’t think, well, and if we feel isolated and alone, it’s going to be even more of a challenge.”

The DSS website states if the parent does not express intent to return for their baby after two weeks, parental rights are lost. The baby is then taken into care by DSS or a child placement agency.

The baby’s other parent has 30 days to file for custody if they can prove they are the parent and they did not consent to giving the baby away.

The Helpline Center is not a safe haven for babies itself, but other places to safely surrender a baby include the police department, fire rescue stations and the Department of Social Services offices.

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