26-11A-24. Definition of terms.
Terms used in this chapter mean:
(1)"Abuse," any act or failure to act by an employee of a juvenile corrections facility or by a contract person or entity providing services to a juvenile corrections facility, which act was performed or was failed to be performed, knowingly, recklessly, or intentionally, and which caused, or may have caused, injury or death to an individual in the custody or care of a juvenile corrections facility;
(2)"Monitor," the person or entity designated by the Governor to protect the legal rights of individuals in the custody or care of juvenile corrections facilities;
(3)"Juvenile corrections facility," all juvenile correctional facilities established and maintained in accordance with §26-11A-1;
(4)"Individual in the custody or care of a juvenile corrections facility," an individual who:
(a)Is in the process of being admitted to a juvenile corrections facility, including an individual who is being transported to such a facility; or
(b)Is involuntarily confined in a juvenile corrections facility;
(5)"Neglect," a negligent act or omission by any individual responsible for providing custody, care, or services in a juvenile corrections facility which caused or may have caused injury or death to an individual in the care or custody of a juvenile corrections facility or which placed such individual at undue risk of injury or death;
(6)"Records," reports prepared or received by any staff of a juvenile corrections facility, or reports prepared by an entity or staff person charged with investigating reports of incidents of abuse or neglect, injury or death occurring at such facility that describes incidents of abuse, neglect, injury, or death occurring at such facility and the steps taken to investigate such incident.
Source: SL 2000, ch 128, §1.
Structure South Dakota Codified Laws
Chapter 11A - Juvenile Correctional Facilities And Programs
Section 26-11A-1.4 - Department authorized to lease former state property--Disposition of revenue.
Section 26-11A-2 - Acceptance and expenditure of funds--Approval.
Section 26-11A-5 - Age limit for juvenile within departmental jurisdiction.
Section 26-11A-7 - Jurisdiction and custody of adjudicated juvenile.
Section 26-11A-8.1 - Treatment and aftercare plans--Treatment team meetings.
Section 26-11A-9 - Transfer of juvenile after initial placement.
Section 26-11A-11 - Custodian of person of juvenile.
Section 26-11A-16 - Finding of violation or frustration of purpose--Continuance of aftercare.
Section 26-11A-17 - Release of juvenile for continuance of aftercare.
Section 26-11A-18 - Form of hearings.
Section 26-11A-19 - Reimbursement of expenses--Procedure.
Section 26-11A-23 - Use of restraints prohibited--Exceptions--"Restraints" defined.
Section 26-11A-24 - Definition of terms.
Section 26-11A-25 - Monitor within juvenile corrections system--Primary duty.
Section 26-11A-27 - Powers and duties of monitor.
Section 26-11A-28 - Monitor to report findings of abuse or neglect.
Section 26-11A-31 - Knowingly hindering actions of monitor as misdemeanor.
Section 26-11A-33 - Identities of persons or agencies reporting to monitor to remain confidential.
Section 26-11A-34 - Records to be provided to the court and Department of Social Services.