South Dakota Codified Laws
Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities
Section 22-46-5 - Investigation of report of abuse, neglect or exploitation.

22-46-5. Investigation of report of abuse, neglect or exploitation.
The person or agency that receives, pursuant to §22-46-7, a report of abuse, neglect, or exploitation of an elder or adult with a disability shall also forward the report to the Office of the Attorney General, if the person or agency determines that reasonable suspicion exists to support further investigation. In investigating a violation of this chapter, law enforcement agencies shall cooperate with and assist the Department of Human Services. Upon receiving a report made pursuant to this chapter, the law enforcement agency shall evaluate whether a criminal investigation is appropriate.

Source: SL 1990, ch 171, §4; SL 2016, ch 120, §24; SL 2017, ch 230 (Ex. Ord. 17-1), §22, eff. Apr. 13, 2017.

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.