Child Abuse Reporting Laws for South Dakota

State and Statute: South Dakota, Code §§ 26-8A-1 et seq.

What Is Reportable "Abuse": Physical or mental abuse or neglect by a child's parent, guardian, or custodian, or sexual abuse by a child's parent, guardian, custodian, or other person responsible for a child's care. [8A-2]

Mandatory Reporters: Includes any counselor, teacher, school counselor or official, licensed or registered child welfare provider, or religious healing practitioner. [8A-3]

How and Where to Report: "Orally … by telephone or otherwise to the state's attorney of the county in which the child resides or is present, to the Department of Social Services, or to law enforcement officers." [8A-8]

Timeline to Report: Immediately. [8A-8]

Clergy Privilege: "The privilege of confidentiality set forth in §§ 19-2-3 (physician-patient privilege), 19-19-503 (psychotherapist-patient privilege), 19-19-504 (spousal privilege), 19-19-508.1 (school counselor-student privilege), and 36-26-30 (social worker-client) may not be claimed in any judicial proceeding involving an alleged abused or neglected child or resulting from the giving or causing the giving of a report concerning abuse or neglect of a child … inclusive." [8A-15]

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