Immunity for Persons Who Report Child Abuse and Neglect - South Dakota

Immunity for Making Reports

Citation: Codified Laws § 26-8A-14

Any person or party participating in good faith in making a report or submitting copies of medical examination, treatment, or hospitalization records pursuant to the reporting laws is immune from any civil or criminal liability that might otherwise be incurred or imposed and has the same immunity for participation in any judicial proceeding resulting from the report.

Additional Provisions of Immunity

Citation: Codified Laws § 26-8A-14

Immunity also extends in the same manner to persons requesting the taking of photographs and x-rays pursuant to the reporting laws, to persons taking the photographs and x-rays, to child protection teams established by the Secretary of Social Services, to public officials or employees involved in the investigation and treatment of child abuse or neglect or making a temporary placement of the child pursuant to this chapter, or to any person who in good faith cooperates with a child protection team or the Department of Social Services in an investigation, placement, or treatment plan.

Limitations to Immunity

Citation: Codified Laws § 26-8A-14

The provisions of this section or any other section granting or allowing the grant of immunity do not extend to any person alleged to have committed an act or acts of child abuse or neglect.