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Child Abuse Laws in South Dakota

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Merit Career Development > Child Abuse Prevention Training > Child Abuse Laws in South Dakota


Child Abuse Laws in South Dakota


Definition of Child Abuse and Neglect


To better understand this issue and to view it across states, see the Definitions of Child Abuse and Neglect: Summary of State Laws publication (PDF - 665 KB)


Physical Abuse
Ann. Laws § 26-8A-2


Abused or neglected child means a child:

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


Neglect
Ann. Laws § 26-8A-2


Abused or neglected child means a child:

  • 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
Ann. Laws § 26-8A-2


Abused or neglected child means a child who is subject to sexual abuse, sexual molestation, or sexual exploitation by the child's parent, guardian, custodian, or any other person responsible for the child's care.


Emotional Abuse
Ann. Laws § 26-8A-2


Abused or neglected child means a child who has sustained emotional harm or mental injury as indicated by an injury to the child's intellectual or psychological capacity, 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
Ann. Laws § 26-8A-2


Abused or neglected child means a child whose parent, guardian, or custodian has abandoned the child.


Standards for Reporting
Ann. Laws § 26-8A-2


A report is required when a child is threatened with substantial harm.


Persons Responsible for the Child
Ann. Laws § 26-8A-2


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


Exceptions

No exceptions were specified in the statutes reviewed.


Click here to view information about the penalties for failing to report and false reporting of child abuse in South Dakota


To view child abuse laws for another state, select the state in the drop-down menu.


State/Territory  



NEED MORE INFORMATION ABOUT CHILD ABUSE PREVENTION?

How about the consequences of not reporting? Or, other websites about child abuse? We also offer and online review of key information not contained in state laws, such as recognizing the signs of abuse and how to report it. Learn more about this expert resource.