Cross-Reporting Among Agencies That Respond to Child Abuse and Neglect - South Dakota

Cross-Reporting Between Child Protective Services and Law Enforcement

Citation: Codified Laws § 26-8A-8

The reports required from mandated reporters by the reporting laws shall be made orally and immediately, 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. The mandatory reporter who witnessed the disclosure or evidence of the abuse or neglect must be available to answer questions when the initial report is made pursuant to this section.

The State's attorney or law enforcement officers, upon receiving a report, shall immediately notify the department. Any person receiving a report of suspected child abuse or child neglect shall keep the report confidential as provided by statute.

Other Reporting Requirements

Citation: Codified Laws §§ 26-8A-13.3; 26-8A-32; 26-7A-15; 26-7A-15.1

Upon receipt of a report, the department shall make an effort to determine the military status of the parent or guardian whose child is subject to the report of child abuse or neglect. If the department determines that the parent or guardian is in the military, the department shall notify a U.S. Department of Defense family advocacy program of the allegations that relate to the military parent or guardian.

Due regard shall be afforded to the Indian Child Welfare Act (ICWA), if that act is applicable.

If a temporary custody hearing concerns an apparent abused or neglected Indian child, the State's attorney or department shall make reasonable efforts to inform the Indian custodian and the designated Tribal agent for the Indian child's Tribe, if known, of the time, date, and place of the temporary custody hearing. The information regarding the temporary custody hearing may be provided to the Indian custodian or the designated Tribal agent orally or in writing, including by telephone or facsimile.

In any proceeding under chapters 26-7A, 26-8A, or 26-8B to which ICWA applies, the following acts must be completed:

• If the State's attorney knows or has reason to know that an Indian child is involved, the State's attorney shall notify the parent or Indian custodian and the Indian child's Tribe, if known, of the pending proceedings and of their right of intervention.
• The State's attorney shall provide the notice prior to any adjudicatory hearing and prior to any final dispositional hearing in which the State seeks termination of parental rights of one or both parents or termination of the rights of the Indian custodian.
• The court shall establish in the record that a notice of the proceeding was provided as required in this section. No foster care placement or termination of parental rights proceedings may be held until at least 10 days after receipt of the notice by the parent or Indian custodian and the Tribe. The parent or Indian custodian or the Tribe shall, upon request, be granted up to 20 additional days to prepare for the proceeding.
• The notice shall include a statement listing the rights of the Indian child's parents, Indian custodians, and Tribes, under ICWA, including the following:
  • The right of an Indian custodian or the Indian child's Tribe to intervene in a proceeding for the foster care placement of or termination of parental rights to the Indian child
  • The right to file a motion to transfer the proceeding to the Tribal court of the Indian child's Tribe
  • The right to be granted up to 20 days from the receipt of the notice to prepare for the proceeding
  • The right to request that the court grant further extensions of time