Parental Substance Use as Child Abuse - South Dakota

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Citation: Codified Laws § 26-8A-2(9)

'Abused or neglected child' includes a child:

  • Who was subject to prenatal exposure to abusive use of alcohol, marijuana, or any controlled drug or substance not lawfully prescribed by a practitioner as authorized by statute 
  • Whose parent, guardian, or custodian knowingly exposes the child to an environment that is being used for the manufacture, use, or distribution of methamphetamines or any other unlawfully manufactured controlled drug or substance 

Citation: Codified Laws § 26-8A-34

If the court finds the apparent, alleged, or adjudicated abuse or neglect of a child was related to the use of alcohol, marijuana, or any controlled drug or substance, the placement or return of the child may be subject to the condition, if the court so orders, that a parent, guardian, custodian, or any other adult residing in the home submit to tests for alcohol, marijuana, or any controlled drug or substance prior to or during the placement or return of the child. If a parent, guardian, custodian, or any other adult, who resides in the home and has been ordered by the court to submit to testing for alcohol, marijuana, or any controlled drug or substance, tests positive for alcohol, marijuana, or any controlled drug or substance, or fails to submit to the test as required, the Department of Social Services may immediately remove the child from the physical custody of the parent, guardian, or custodian, without prior court order. The removal is subject to a review hearing, which may be telephonic, within 48 hours, excluding Saturdays, Sundays, and court holidays. As used in this section, any controlled drug or substance means a controlled drug or substance that was not lawfully prescribed by a practitioner.

Citation: Codified Laws § 26-8A-21.1

Nothing in § 26-8A-21 requires reunification of a child with a parent who has a documented history of abuse and neglect associated with chronic alcohol or drug abuse.