Definitions of Child Abuse and Neglect - South Dakota

Date:

Physical Abuse

Citation: Ann. Laws § 26-8A-2

'Abused or neglected child' means a child to whom the following applies:

  • Whose parent, guardian, or custodian has subjected the child to mistreatment or abuse
  • Who was subject to prenatal exposure to abusive use of alcohol, marijuana, any controlled drug, or a substance not lawfully prescribed by a practitioner

Neglect

Citation: Ann. Laws § 26-8A-2

The term 'abused or neglected child' includes a child to whom the following applies:

  • Who lacks proper parental care through the actions or omissions of the child's parent, guardian, or custodian
  • Whose environment is injurious to the child's welfare
  • Whose parent, guardian, or custodian fails or refuses to provide proper or necessary subsistence, supervision, education, medical care, or any other care necessary for the child's health, guidance, or well-being
  • Who is homeless, without proper care, or not domiciled with the child's parent, guardian, or custodian through no fault of the child's parent, guardian, or custodian
  • Whose parent, guardian, or custodian knowingly exposes the child to an environment that is being used for the manufacture, use, or distribution of methamphetamine or any other unlawfully manufactured controlled drug or substance

Sexual Abuse/Exploitation

Citation: Ann. Laws § 26-8A-2

The term 'abused or neglected child' includes a child who is subject to sexual abuse, sexual molestation, or sexual exploitation, as defined in § 22-22-24.3, by the child's parent, guardian, custodian, or any other person responsible for the child's care.

Emotional Abuse

Citation: Ann. Laws § 26-8A-2

The term 'abused or neglected child' includes a child who has sustained emotional harm or mental injury as indicated by an injury to the child's intellectual or psychological capacity, as evidenced by an observable and substantial impairment in the child's ability to function within the child's normal range of performance and behavior, with due regard to the child's culture.

Abandonment

Citation: Ann. Laws § 26-8A-2

The term 'abused or neglected child' includes a child whose parent, guardian, or custodian has abandoned the child.

Standards for Reporting

Citation: Ann. Laws § 26-8A-3

A report is required when a mandatory reporter has reasonable cause to suspect that a child has been abused or neglected.

Persons Responsible for the Child

Citation: Ann. Laws § 26-8A-2

Responsible persons include a child's parent, guardian, or custodian.

Exceptions

No exceptions are specified in statute.