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South Dakota Codified Laws
Title 26
Chapter 26-8A
S.D. Codified Laws ch. 26-8A
Protection of Children from Abuse or Neglect
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26-8A-1
Purpose of chapter.
26-8A-2
Abused or neglected child.
26-8A-3
Persons required to report child abuse or neglected child--Intentional failure--Penalty.
26-8A-4
Additional persons to report death resulting from abuse or neglect--Intentional failure as misdemeanor.
26-8A-5
Application of terms.
26-8A-6
Report of abuse or neglect by hospital personnel--Failure as misdemeanor--Written policy required.
26-8A-7
Child abuse or neglect reports by school personnel--Failure as misdemeanor--Written policy required.
26-8A-8
Oral report of abuse or neglect--To whom made--Response report.
26-8A-9
Investigation of oral report--Other action permitted--Appointment of attorney--Compensation.
26-8A-10
Report to social services--Content.
26-8A-10.1
Notice to child's parents of determination of abuse or neglect--Contents--Confidentiality.
26-8A-10.2
Exception to notice requirement.
26-8A-11
Request to amend or remove record--Administrative hearing--Decision.
26-8A-11.1
Request for a hearing to release name of complainant in unsubstantiated investigation.
26-8A-12
Operation of central registry for abuse and neglect--Adoption of rules.
26-8A-12.1
Abuse and neglect screening of head start employees and adoptive or foster parents.
26-8A-12.2
Abuse and neglect screening required of certain current and potential employees and volunteers--Written consent required.
26-8A-12.3
Central registry check of kinship, foster care, adoption, and child welfare agency employment applicants.
26-8A-12.4
Central registry check of prospective foster or adoptive parents at request of governmental social service agency for another state.
26-8A-13
Confidentiality of abuse or neglect information--Violation as misdemeanor--Release to certain parties.
26-8A-13.1
Certain child protection records to be provided to the court, court services, state's attorney, or agencies--Discovery--Fees.
26-8A-13.2
Consent of possible caretaker required for central registry screenings.
26-8A-13.3
Allegations relating to military parent or guardian--Notice to defense department family advocacy program.
26-8A-14
Immunity from liability.
26-8A-15
Communications not privileged in child abuse or neglect cases.
26-8A-16
Photographs, videotapes, or other images, and medical examinations taken without consent--Disposition.
26-8A-17
Child protection teams.
26-8A-18
Appointment of counsel--Compensation--Assistance.
26-8A-19
Abused and neglected child defense fund--Distribution to counties--Pro rata.
26-8A-20
Appointment of representative of child's best interest--Duties.
26-8A-21
Reasonable efforts to eliminate need for removal--Reasonable efforts to return child to home--Determining adequacy of efforts.
26-8A-21.1
Exceptions to § 26-8A-21.
26-8A-21.2
Permanency hearing required if child is not to be returned to parents--Court to determine placement--Final dispositional hearing.
26-8A-22
Final decree of disposition--Permitted disposition when parental rights not terminated--Annual permanency hearing for child in foster care.
26-8A-22.1
Court to require instruction in parenting as part of sentence in certain convictions.
26-8A-23
Court-ordered medical, psychological or psychiatric treatment of spiritually-treated child.
26-8A-24
Periodic review hearings of foster care status--Petition for judicial action.
26-8A-25
Criteria for determining continued placement of child separate from home.
26-8A-26
Termination of parental rights--Return of child to parents or continued placement--Annual permanency hearing for child in foster care.
26-8A-26.1
Termination of parental rights--Additional reasons.
26-8A-27
Final decree terminating parental rights of one or both parents--Child support arrearages--Custody of child.
26-8A-28
Notice of order or final decree--Service--Appeal.
26-8A-29
Continuing jurisdiction over abused or neglected child.
26-8A-29.1
Request for hearing by relative denied adoptive placement--Time limits--Intervention.
26-8A-30
Testimony of child by closed circuit television--Hearing to determine necessity.
26-8A-31
Persons allowed to be present during closed circuit television testimony--Display of defendant's image in room where child testifies--Recesses for defendant consultation--Court communication--Child testimony outside jury presence.
26-8A-31.1
Rights of child witness.
26-8A-32
Due regard to be afforded Indian Child Welfare Act.
26-8A-33
Proceeding involving child covered by Indian Child Welfare Act.
26-8A-34
Alcohol or drug testing as condition of child placement or return.
26-8A-35
Toxicology test of newborn infant for exposure to controlled substance--Report of positive result.
26-8A-36
Immunity from liability for administering or not administering toxicology test.
26-8A-37
Health care practitioner defined.