Responding to Child Victims of Human Trafficking - South Dakota

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State Agency Responsibilities

Citation: Admin. Code § 67:14:30:06

The Department of Social Services shall provide for 24-hour receipt of reports of a child alleged to be exposed to harm or threats of harm by a parent, guardian, or custodian responsible for the child's care and reports of child abuse or neglect through agreements with law enforcement agencies or other community-based agencies. The department shall provide immediate or prompt assessment or investigation of reports made to the department by any person who makes a report alleging that a child is in need of protective services. The department shall offer protective services to the family and may make referral to the court of competent jurisdiction upon confirmation of need for child protective services. If a report received by the department implicates involvement of a foster parent or person employed by the department, the department shall request a review of the report by the State's attorney.

Training Requirement

This issue is not addressed in the statutes and regulations reviewed.

Diversion From Prosecution

Citation: Ann. Laws §§ 22-23-1.2; 26-7A-115.1

It is an affirmative defense to a charge of prostitution if the defendant proves by a preponderance of the evidence that the defendant is a victim of human trafficking or that the defendant committed the act only under compulsion by another person who, by implicit or explicit threat, created a reasonable apprehension in the mind of the defendant that if the defendant did not commit the act, the person would inflict bodily harm upon the defendant.

A person older than age 18 may petition a court for the expunction of a delinquency record that resulted from that person being a victim of human trafficking or sexual exploitation. An expunction under this section vacates the underlying delinquency proceeding.

Services and Supports for Victims

This issue is not addressed in the statutes and regulations reviewed.

Support for Anti-Trafficking Efforts

This issue is not addressed in the statutes and regulations reviewed.