South Dakota Codified Laws
Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities
Section 22-46-9 - Mandatory reporting of abuse, neglect, or exploitation--Violation as misdemeanor.

22-46-9. Mandatory reporting of abuse, neglect, or exploitation--Violation as misdemeanor.
Any:
(1)Physician, dentist, doctor of osteopathy, chiropractor, optometrist, podiatrist, religious healing practitioner, hospital intern or resident, nurse, paramedic, emergency medical technician, social worker, or any health care professional;
(2)Psychologist, licensed mental health professional, or counselor engaged in professional counseling; or
(3)State, county, or municipal criminal justice employee or law enforcement officer;
who knows, or has reasonable cause to suspect, that an elder or adult with a disability has been or is being abused, neglected, or exploited, shall, within twenty-four hours, report such knowledge or suspicion orally or in writing to the state's attorney of the county in which the elder or adult with a disability resides or is present, to the Department of Human Services, or to a law enforcement officer. Any person who knowingly fails to make the required report is guilty of a Class 1 misdemeanor.
A person described in this section is not required to report the abuse, neglect, or exploitation of an elder or adult with a disability if the person knows that another person has already reported to a proper agency the same abuse, neglect, or exploitation that would have been the basis of the person's own report.

Source: SL 2011, ch 119, §1; SL 2016, ch 120, §22; SL 2016, ch 128, §1; SL 2017, ch 230 (Ex. Ord. 17-1), §24, 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.