South Dakota Codified Laws
Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities
Section 22-46-10 - Mandatory reporting of abuse or neglect by staff and by person in charge of residential facility or entity providing services to elderly or disabled adult--Violation as misdemeanor.

22-46-10. Mandatory reporting of abuse or neglect by staff and by person in charge of residential facility or entity providing services to elderly or disabled adult--Violation as misdemeanor.
Any staff member of a nursing facility, assisted living facility, adult day care center, or community support provider, or any residential care giver, individual providing homemaker services, victim advocate, or hospital personnel engaged in the admission, examination, care, or treatment of elderly or disabled adults who knows, or has reasonable cause to suspect, that an elderly or disabled adult has been or is being abused or neglected, shall, within twenty-four hours, notify the person in charge of the institution where the elderly or disabled adult resides or is present, or the person in charge of the entity providing the service to the elderly or disabled adult, of the suspected abuse or neglect. The person in charge shall report the information in accordance with the provisions of §22-46-9. Any person who knowingly fails to make the required report is guilty of a Class 1 misdemeanor.

Source: SL 2011, ch 119, §2.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 22 - Crimes

Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities

Section 22-46-1 - Definition of terms.

Section 22-46-1.1 - Neglect--Exclusions from definition.

Section 22-46-2 - Abuse or neglect of elder or adult with a disability--Felony or misdemeanor.

Section 22-46-3 - Theft by exploitation--Penalty.

Section 22-46-5 - Investigation of report of abuse, neglect or exploitation.

Section 22-46-7 - Report of abuse, neglect, or exploitation.

Section 22-46-8 - Immunity from liability for reporting abuse, neglect, or exploitation.

Section 22-46-9 - Mandatory reporting of abuse, neglect, or exploitation--Violation as misdemeanor.

Section 22-46-10 - Mandatory reporting of abuse or neglect by staff and by person in charge of residential facility or entity providing services to elderly or disabled adult--Violation as misdemeanor.

Section 22-46-11 - Voluntary reporting of abuse, neglect, or exploitation.

Section 22-46-12 - Information provided by report of abuse, neglect, or exploitation.

Section 22-46-13 - Action against perpetrator for exploitation--Compensatory and punitive damages--Attorney's fees.

Section 22-46-14 - Additional penalties against perpetrator for exploitation.

Section 22-46-15 - Third party property interest acquired for value and in good faith unaffected by severance of perpetrator's property interest.

Section 22-46-16 - Effect of revocation of provision of instrument.

Section 22-46-17 - Additional remedies for violation.

Section 22-46-18 - Remedies cumulative with other legal and administrative remedies.