§ 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 as misdemeanor
§ 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-21.2 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 Additional reasons for termination of parental rights
§ 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
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Terms Used In South Dakota Codified Laws > Title 26 > Chapter 8A - Protection of Children From Abuse or Neglect

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2