67 : 61 : 06 : 03 . Policy on abuse, neglect, and exploitation. Each agency shall establish a policy to prohibit abuse, neglect, and exploitation of a client. The policy must contain:

1. (1) Definitions of abuse, neglect, and exploitation, pursuant to SDCL 22-46-1;
2. (2) A requirement to report to the department any incidents of abuse, neglect, or exploitation;
3. (3) A requirement to report to the department, pursuant to SDCL 26-8A-3 and 26-8A-8;
4. (4) A procedure for disciplinary action to be taken, if staff engages in abusive, neglectful, or exploitative behavior;
5. (5) A requirement to make immediate efforts to inform the guardian, or the parent if the client is under the age of eighteen, of an alleged incident or allegation of abuse, neglect, or exploitation; and

6. (6) A requirement to document the actions to be implemented, upon substantiation of an incident or allegation, to reduce the likelihood of, or to prevent repeated incidents of abuse, neglect, or exploitation.

   Cross References:

   Persons required to report child abuse or neglected child -- Intentional failure as misdemeanor, SDCL 26-8A-3.

   Oral report of abuse or neglect -- To whom made -- Response report, SDCL 26-8A-8.

Source: 43 SDR 80 , effective December 5, 2016; 50 SDR 63, effective November 27, 2023 .

General Authority: SDCL 27A-5-1 .

Law Implemented: SDCL 27A-5-1 .

Prior versions effective: 2016-12-05.