Title 26 — MINORS
27 chapters · 560 sections in this title.
SDCL § 26-8A-33 Proceeding involving child covered by Indian Child Welfare Act
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In any abuse or neglect proceeding involving a child covered by the Indian Child Welfare Act (25 U.S.C. §§ 1901-1963), as amended to January 1, 2005, the tribe may appear by counsel or by a representative of the tribe designated by the tribe to intervene on behalf of the tribe. W…
SDCL § 26-8A-34 Alcohol or drug testing as condition of child placement or return
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If the court finds the apparent, alleged, or adjudicated abuse or neglect of a child was related to the use of alcohol, marijuana, or any controlled drug or substance, the placement or return of the child may be subject to the condition, if the court so orders, that a parent, gua…
SDCL § 26-8A-35 Toxicology test of newborn infant for exposure to controlled substance--Report of positive result
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If a health care practitioner has reason to believe based on a medical assessment of a mother or a newborn infant that the mother used a controlled substance for a nonmedical purpose during the pregnancy, the health care practitioner may administer, with or without the consent of…
SDCL § 26-8A-36 Immunity from liability for administering or not administering toxicology test
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A health care practitioner or any other medical personnel administering a toxicology test to determine the presence of a controlled substance in a newborn infant at birth or during the first twenty-eight days after birth and the employer of the person administering the test are i…
SDCL § 26-8A-37 Health care practitioner defined
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For purposes of §§ 26-8A-35 and 26-8A-36 , a health care practitioner is a person licensed, accredited, or certified to perform specified health services consistent with state law. Source: SL 2018, ch 167 , § 3.
SDCL § 26-8A-4 Additional persons to report death resulting from abuse or neglect--Intentional failure as misdemeanor
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In addition to the report required under § 26-8A-3 , any person who has reasonable cause to suspect that a child has died as a result of child abuse or neglect as defined in § 26-8A-2 shall report that information to the medical examiner or coroner. Upon receipt of the report, th…
SDCL § 26-8A-5 Application of terms
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As used in §§ 26-8A-3 and 26-8A-7 , the terms "teacher," "school counselor," "school official," "school administrator," "school principal," and "school superintendent" apply to any person substantially performing the respective duties of any such position in a public or private s…
SDCL § 26-8A-6 Report of abuse or neglect by hospital personnel--Failure as misdemeanor--Written policy required
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Any person who has contact with a child through the performance of services as a member of a staff of a hospital or similar institution shall immediately notify the person in charge of the institution or his designee of suspected abuse or neglect. The person in charge shall repor…
SDCL § 26-8A-7 Child abuse or neglect reports by school personnel--Failure as misdemeanor--Written policy required
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Any person who has contact with a child through the performance of services in any public or private school, whether accredited or unaccredited, as a teacher, school nurse, school counselor, school official or administrator, or any person providing services pursuant to § 13-27-3 …
SDCL § 26-8A-8 Oral report of abuse or neglect--To whom made--Response report
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The reports required by §§ 26-8A-3 , 26-8A-6 , and 26-8A-7 and by other sections of this chapter shall be made orally and immediately by telephone or otherwise to the state's attorney of the county in which the child resides or is present, to the Department of Social Services or …
Investigation of oral report--Other action permitted--Appointment of attorney--Compensation
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Upon receipt of a report pursuant to § 26-8A-8 , the Department of Social Services or law enforcement officers shall investigate. Investigating personnel may personally interview a child out of the presence of the child's parents, guardian, or custodian without advance notice or …