The department substantiates a report through an investigation. The investigation may include items such as interviews with the child, the child's parents, and other persons with whom the child may come in contact; an interview with the individual accused of abusing or neglecting the child; a review of a medical and psychological examination; review of prior reports; a review of law enforcement reports; and a review of the physical evidence.

The report is considered substantiated if the department finds that a preponderance of the evidence obtained through the investigation supports the report that abuse or neglect as defined under SDCL 26-8A-2 has occurred.

Source: 18 SDR 134, effective February 25, 1992; 20 SDR 223, effective July 7, 1994; 22 SDR 102, effective February 7, 1996.

General Authority: SDCL 26-8A-12.

Law Implemented: SDCL 26-8A-9.