South Dakota

Code Section
26-8A-1, et seq.

What Constitutes Abuse
Child who is threatened with substantial harm; sustained emotional harm or mental injury (evidenced by observable and substantial impairment of child’s ability to function); subject to sexual abuse/exploitation; who lacks proper parental care; whose environment is injurious to child’s welfare; who is abandoned, or who has been prenatally subjected to illegal drug or alcohol abuse, or who is knowingly exposed to an environment used to manufacture methamphetamines

Mandatory Reporting Required By
Physician, dentist, chiropractor, nurse, optometrist, mental health professional, psychologist, religious healing practitioner, social worker, parole or court services officer, law enforcement officer, teacher, nurse, school counselor/official, child welfare provider, coroner, chemical dependency counselor, domestic abuse shelter worker, podiatrist

Basis of Report of Abuse/Neglect
Have reasonable cause to suspect a child has been abused or neglected

To Whom Reported
State’s attorney in county where child resides or is present, department of social services or to law enforcement officer

Penalty for Failure to Report or False Reporting
Class 1 misdemeanor


Inside South Dakota