Notwithstanding § 34-25-52, the department must provide, at no cost, a certified copy of an individual's South Dakota birth certificate, limited to one, upon application and proof of that person's homelessness. The individual or the individual's spouse, child, parent, guardian, next of kin, or authorized representative may apply for a certified copy of the individual's birth certificate pursuant to this section. An affidavit developed by the department attesting to the individual's housing status is proof of homelessness for the purposes of this section. The department may not accept an affidavit as proof of homelessness unless signed by the individual experiencing homelessness and a homeless services provider with knowledge of the individual's housing status. For the purposes of this section, the term "homeless services provider" means any:

1. (1) Government or nonprofit agency that provides a food bank, homeless shelter, housing assistance program, homeless outreach or advocacy program, or any similar program;
2. (2) Human services or social services agency, public or private, providing health services, behavioral health services, substance use disorder services, or employment or public assistance services to homeless individuals;
3. (3) Law enforcement officer designated as a liaison to the homeless population by a local police department or sheriff's department;
4. (4) Homeless liaison designated by a school district, as described by 42 U.S.C. § 11432 (January 1, 2025);
5. (5) School counselor, certified by the Department of Education;
6. (6) School nurse, licensed in accordance with chapter 36-9; or
7. (7) Social worker, licensed in accordance with chapter 36-26.

Source: SL 2024, ch 143 , § 1; SL 2025, ch 140 , § 1.