SOUTH DAKOTA
MANDATORY REPORTING LAWS
MANDATORY REPORTING LAWS
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Professionals required to report
Citation: Ann. Laws § 26-8A-3
Mandatory reporters include the following:
• Physicians, dentists, osteopaths, chiropractors, optometrists, emergency medical technicians, paramedics, religious healing
practitioners, podiatrists, hospital interns or residents, nurses, or coroners
• Teachers, school counselors, or officials
• Licensed or registered child welfare providers
• Mental health professionals or counselors, psychologists, social workers, chemical dependency counselors, employees or
volunteers of domestic abuse shelters, or religious healing practitioners
• Employees or volunteers of child advocacy organizations or child welfare service providers
• Parole or court services officers or law enforcement officers
• Any safety-sensitive position (as defined in § 23-3-64), including any law enforcement officer authorized to carry firearms and
any custody staff employed by any agency responsible for the rehabilitation or treatment of any adjudicated adult or juvenile
Other persons required to report
Citation: Ann. Laws § 26-8A-3
Any person who knows or has reasonable cause to suspect that a child younger than age 18 has been abused or neglected may
report.
Institutional responsibility to report
Citation: Ann. Laws §§ 26-8A-6; 26-8A-7
Any person who has contact with a child through the performance of services as a member of a staff of a hospital or similar institution shall immediately notify the person in charge of the institution or his designee of suspected abuse or neglect. The person in charge shall report the information in accordance with the provisions of § 26-8A-8.
Any person who has contact with a child through the performance of services in any public or private school—whether accredited or unaccredited, as a teacher, school nurse, school counselor, school official, or administrator—or any person providing services pursuant to § 13-27-3 shall notify the school principal or school superintendent or designee of suspected abuse or neglect. The school principal or superintendent shall report the information in accordance with the provisions of § 26-8A-8. Each school district shall have a written policy on reporting of child abuse and neglect.
WHAT ARE THEY REQUIRED TO REPORT
Citation: Ann. Laws § 26-8A-3
A report is required when a reporter has reasonable cause to suspect that a child has been abused or neglected.
PENALTIES FOR FAILING TO REPORT
Failure to Report
Citation: Ann. Stat. §§ 26-8A-3; 26-8A-4; 26-8A-6; 26-8A-7
Any mandatory reporter who knowingly and intentionally fails to make the required report is guilty of a class 1 misdemeanor.
This provision includes the following:
• Reports that must be made to the coroner when the reporter suspects that a child has died as a result of abuse or neglect
• Reports that are required of hospital staff
• Reports that are required of staff of public or private schools
PENALTIES FOR FALSE REPORTING
This issue is not addressed in the statutes reviewed.
PRIVILEGED COMMUNICATIONS
Citation: Ann. Laws § 26-8A-15
The following privileges may not be claimed as a reason for not reporting:
• Physician-patient
• Husband-wife
• School counselor-student
• Social worker-client
REPORTER’S IDENTITY
Inclusion of Reporter’s Name in Report
The reporter is not specifically required by statute to provide his or her name in the report.
Disclosure of Reporter Identity
Citation: Ann. Laws § 26-8A-11.1
The name of the reporter is not disclosed unless all of the following apply:
• The report is determined to be unsubstantiated.
• Within 30 days, the subject of the report requests disclosure of the reporter’s identity.
• A hearing is held to determine whether the report was made with malice and without reasonable foundation and that release of the name will not endanger the life or safety of the reporter.