Mandatory Reporting of Child Abuse and Neglect - South Dakota

Professionals Required to Report
Citation: Ann. Laws § 26-8A-3

Mandatory reporters include the following:

• Physicians, dentists, dental hygienists, 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, or employees or volunteers of domestic abuse shelters
• 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 

Training Requirements for Mandatory Reporters

Training for mandatory reporters is not addressed in the laws and policies reviewed. 

The Department of Social Services offers training to mandatory reporters at DSS Video Training for Mandatory Reporters.

Reporting by Other Persons
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 their 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. 

Standards for Making a 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. 

Privileged Communications
Citation: Ann. Laws § 26-8A-15

The privilege of confidentiality set forth in §§ 19-2-3 (physician-patient), 19-19-508.1 (school counselor, psychologist, or social worker-student), 19-19-503 (physician and psychotherapist-patient), 19-19-504 (spousal privilege), and § 36-26-30 (social worker-client) may not be claimed in any judicial proceeding involving an alleged abused or neglected child or resulting from the giving or causing the giving of a report concerning abuse or neglect of a child.

Inclusion of the Reporter's Name in the Report

The reporter is not specifically required by statute to provide their name in the report. 

Disclosure of the Reporter's Identity
Citation: Ann. Laws § 26-8A-11.1

The name of the reporter is not disclosed unless all 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.