South Dakota Code § 25-5A-32

Surrender of newborn--Notification to Department of Social Services--Assumption of care, custody and control--Certain investigations of parent prohibited
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If an emergency services provider or a licensed child placement agency accepts physical custody of a newborn, pursuant to §
25-5A-27
, the provider or agency must immediately notify the Department of Social Services.
Except as otherwise provided in this section, the department must assume the care, custody, and control of the newborn immediately upon receipt of the notice. If a licensed child placement agency has accepted physical custody, the agency may assume the care, custody, and control of the newborn.
The department or licensed child placement agency may not attempt to identify, contact, or investigate the parent who surrendered the newborn, unless it appears the newborn has been harmed.

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