South Dakota Child Abuse Laws

South Dakota child abuse laws define what constitutes abuse and neglect of children, the penalties for the abuse, mandatory reporting requirements, and protections for those reporting suspected abuse.

South Dakota takes a comprehensive approach to safeguarding children from child abuse. The state defines child abuse or neglect as various forms of maltreatment that cause injury or place a child at risk of harm. South Dakota law establishes reporting of child abuse requirements and legal consequences for those who commit abuse or neglect against children or fail to report them.

If you suspect a child is experiencing abuse or requires legal guidance regarding a child abuse case, contact a South Dakota family law attorney or criminal defense lawyer who can help navigate the complexities of these laws.

This article provides a detailed overview of South Dakota's child abuse laws, including definitions, reporting obligations, and penalties.

Overview of Child Abuse Laws in South Dakota

The following table outlines the key statutes and reporting requirements for child abuse in South Dakota:

South Dakota Child Abuse Code Sections

South Dakota Codified Laws (SDCL)

  • § 26-8A: (protection of children from abuse or neglect)
  • § 26-8A-2: (defines what constitutes an abused or neglected child)
  • § 26-8A-3: (establishes mandatory reporting requirements and penalties for failure to report)
  • § 26-8A-14: (provides immunity from civil or criminal liability for reporters who report in good faith)

When To Report Child Abuse in South Dakota

When a person has "reasonable cause to suspect" that a child has been abused or neglected.

How to Report Suspected Child Abuse in South Dakota

Contact the Department of Social Services (DSS) in the county where the child resides or is found. You can also report to the state attorney's office or law enforcement officers.

Penalty for Failure To Report or False Reporting

Class 1 misdemeanor, which can result in up to one-year imprisonment in a county jail and/or a fine of up to $2,000

What Constitutes Child Abuse and Neglect in South Dakota?

South Dakota law provides comprehensive definitions for what constitutes child abuse and neglect, helping authorities determine when intervention becomes necessary. It also defines what an abused or neglected child is. The law considers several circumstances that qualify a minor as abused or neglected if committed against a minor:

  • Experiences abandonment or mistreatment
  • Lacks proper care because of the actions or inactions of the child's parent, custodian, or guardian
  • Lives in an environment that is harmful to the child's welfare
  • Has caregivers who fail or refuse to supply necessary food, supervision, education, medical care, or other care essential for the child's guidance, health, or well-being
  • Lives without proper housing or care, through no fault of the responsible persons
  • Faces a threat of substantial harm
  • Sustained emotional harm or mental harm that causes noticeable damage to the psychological or intellectual capacity of the child
  • Subjected to sexual abuse, sexual molestation, or sexual exploitation by any person responsible for the child’s care
  • Prenatal exposure to the abusive use of alcohol, marijuana, or any controlled drug not legally prescribed
  • Lives in an environment that manufactures, uses, or distributes methamphetamines or other unlawfully manufactured controlled substances

Mandatory Reporting Requirements in South Dakota

South Dakota law designates certain professionals as mandatory reporters who must report suspected child abuse or neglect. According to South Dakota Codified Laws, mandatory reporters include:

Healthcare Professionals

  • Physicians
  • Dentists and dental hygienists
  • Doctors of osteopathy
  • Chiropractors
  • Optometrists
  • Podiatrists
  • Nurses
  • Emergency medical technicians and paramedics
  • Counselors
  • Psychologists
  • Chemical dependency counselors

Educational Professionals

  • Teachers
  • School counselors
  • School officials

Law Enforcement and Court Members

  • Law enforcement officers
  • Parole officers
  • Court services officers

Other Professionals

  • Social workers
  • Hospital interns and residents
  • Religious healing practitioners
  • Licensed or registered child welfare providers
  • Employees or volunteers of domestic abuse shelters
  • Employees or volunteers of child advocacy organizations
  • Child welfare service providers
  • Coroners
  • Individuals in safety-sensitive positions as defined in state law

How To Report Child Abuse or Neglect in South Dakota

South Dakota Codified Laws establish certain procedures for reporting suspected cases of child abuse or neglect. General reporters should file the report with the Department of Social Services (DSS) in the county where the child resides or is found. They can also report to the state attorney's office or law enforcement officers.

Reporters can submit an alert orally. Within 30 days, the reporter can ask for a written acknowledgment of receipt of the report.

For hospital personnel or others who work in similar institutions, they should first notify the person in charge or their designee. The person in charge of the institution should report to the DSS, the state attorney's office, or law enforcement officers. The reporters under this category should also submit copies of medical or hospital records to the state's attorney.

Reporters' Immunity from Liability

South Dakota law provides reporters with immunity from civil or criminal liability for making a report of suspected child abuse or neglect in good faith. This protection encourages reporting by removing the fear of legal consequences for those who report legitimate concerns.

Penalty for Failure To Report

If there is a reasonable cause to suspect that a child is experiencing abuse or neglect, the mandatory reporters should file a report. Failure to do so can result in a Class 1 misdemeanor, which carries up to one year of imprisonment, a fine of up to $2,000, or both.

Penalties for Child Abuse in South Dakota

South Dakota law imposes various penalties for child abuse offenses, depending on the severity of harm and the offender's intent. These classifications are set according to the specific circumstances and severity of the offense.

The law classifies crimes of abuse of or cruelty to minors as a Class 4 felony. However, if the minor is under seven years old, the penalty increases to a Class 3 felony. Those found guilty of a Class 4 felony may face up to ten years of imprisonment and a fine of up to $20,000. A Class 3 felony carries up to 15 years in prison and a fine of up to $30,000.

South Dakota law imposes a penalty of a Class 1 misdemeanor for persons who cause, encourage, or contribute to the abuse, neglect, or delinquency of the child. A Class 1 misdemeanor carries a penalty of up to one year of jail time, a fine of up to $2,000, or both.

Child Abuse Issues in South Dakota? Talk to an Attorney for Legal Help

If you have a reason to believe that a child is experiencing abuse or neglect, report your concerns to South Dakota Child Protection Services at 1-877-244-0864. For emergencies, dial 911.

If you have legal questions related to child abuse and neglect, consider seeking legal advice from a criminal law or family law attorney. They can help you understand your rights and assist in achieving the best outcome for everyone involved.

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