child. A. Except as provided in subsection B of this section, a parent or guardian of a child or an individual with whom a child has been placed for adoption may not transfer custody of the child to another person with the intent, at the time of the transfer, to abandon the rights and responsibilities concerning the child. B. A parent or guardian of a child or an individual with whom a child has been placed for adoption may transfer custody of the child to another person with the intent, at the time of the transfer, to abandon the rights and responsibilities concerning the child only through: 1. Adoption or guardianship; 2. A judicial award of custody; 3. Placement by or through a child-placing agency; or 4. Any other judicial or tribal action. C. A person may not receive custody of a child or act as an intermediary in a transfer of custody of a child, if the person knows or reasonably should know the transfer violates the requirements of subsection A of this section. Such prohibition does not apply if the person, as soon as practicable after the transfer, notifies the Department of Human Services or the appropriate law enforcement entity of the transfer, or takes appropriate action to establish custody under the requirements of subsection B of this section. D. A person in violation of this section shall, upon conviction, be guilty of a misdemeanor. E. Violation of subsection A of this section is not established solely because a parent or guardian who transfers custody of a child does not regain custody.
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