South Dakota Codified Laws
Chapter 06 - Children S Homes And Welfare Agencies
Section 26-6-51 - Monitor--Designation--Primary duty.

26-6-51 . Monitor--Designation--Primary duty.
The secretary of the Department of Social Services shall designate a person or entity outside the Department of Social Services to serve as the monitor and whose primary responsibility is to receive and resolve complaints related to the quality of care provided to youth placed in the custody or care of any of the following:
(1) An intensive residential treatment center, a residential treatment center, or a group care center, as defined in § 26-6-14 ;
(2) An independent living preparation program as defined in § 26-6-14 ; or
(3) A shelter care facility as defined in § 26-6-1.2 .
The monitor shall be a mandatory reporter pursuant to § 26-8A-3 .

Source: SL 2020, ch 107, § 2.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 26 - Minors

Chapter 06 - Children S Homes And Welfare Agencies

Section 26-6-1 - Agencies and institutions defined as child welfare agencies--Department of Social Services.

Section 26-6-1.1 - Chapter not applicable to day care services provided by school board for children of enrolled students.

Section 26-6-1.2 - Definitions.

Section 26-6-6.1 - Continuing foster care to age twenty-one.

Section 26-6-8 - License required to place child for adoption--Relatives and guardian excepted.

Section 26-6-9 - License or registration required for child care or placement by public or private agency--Waiver violation as misdemeanor.

Section 26-6-11 - Application for license--Investigation--Issuance--Conditions--Records--Public inspection.

Section 26-6-12 - Provisional license authorized.

Section 26-6-13 - Duration of licenses--Suspension or revocation--Assignment prohibited--Display or availability for inspection.

Section 26-6-14 - Categories of child welfare agency licenses.

Section 26-6-14.1 - Family day care defined--Number of children allowed.

Section 26-6-14.2 - Registration of family day care homes--Rules--Exemption--Investigation--Duration of registration--Assignment prohibited.

Section 26-6-14.3 - Issuance of child welfare license--Criminal record of applicant to be secured--Waiver by applicant--When application denied.

Section 26-6-14.4 - Persons to whom criminal record requirement applies.

Section 26-6-14.5 - Waiver, fingerprinting, and declaration as condition of employment--Time--Immediate termination of employee.

Section 26-6-14.6 - Meaning of conviction--Evidence of conviction.

Section 26-6-14.7 - Transfer of criminal record clearance when changing employment.

Section 26-6-14.8 - Unregistered family day care defined--Number of children allowed.

Section 26-6-14.9 - Submission of employees' names to department--Central registry background checks--Notification to provider--Issuance of certificate.

Section 26-6-14.10 - Prohibition of licensure, registration, or operation by person convicted of child abuse or other felony, or whose name appears on registry--Failure to report as misdemeanor.

Section 26-6-14.11 - Prohibition of child care by person convicted of child abuse, sex offense, or other felony, or whose name appears on registry--Violation as misdemeanor.

Section 26-6-14.12 - Before and after school day care exempt from zoning, uniform building, and safety provisions.

Section 26-6-14.13 - Information from another state's central registry or national crime database to be used only for background check.

Section 26-6-15 - Specification in licenses and registration certificates of work authorized.

Section 26-6-15.1 - Additional number of children in day care--Staff-to-child ratios.

Section 26-6-15.2 - Additional number of children in day care center operating preschool program.

Section 26-6-16 - Rules for child care by licensed or registered agencies promulgated by department--Matters included in rules.

Section 26-6-18.1 - Establishment and support of day care centers by counties and municipalities.

Section 26-6-18.3 - Appropriation for day care centers.

Section 26-6-18.4 - Approved programs required for payments to nonprofit organizations--Records and periodic audit.

Section 26-6-18.5 - Exemption of program from zoning, building and fire and life safety codes.

Section 26-6-19 - Department of Health visitations and inspections.

Section 26-6-20 - Records on children in care of agencies--Information confidential.

Section 26-6-20.1 - Definition of terms.

Section 26-6-20.2 - Separation of residents' moneys required of homes and centers.

Section 26-6-20.3 - Demand trust account deposit of moneys not kept in center--Deposit with state treasurer by public agency.

Section 26-6-20.4 - Deposit of money for resident when over specified amount.

Section 26-6-20.5 - Surety bond required of facility handling more than specified monthly amount--Bond amount.

Section 26-6-20.6 - Safeguards and records required of facilities.

Section 26-6-20.7 - Public audit of records.

Section 26-6-20.8 - Revocation of license--Cause.

Section 26-6-20.9 - Surrender of moneys and funds upon discharge of resident--Receipt--Deposited funds.

Section 26-6-20.10 - Escheat of unclaimed property under specified value after death of resident--Notice to relatives--Time--Disposition of property or money.

Section 26-6-21 - Placement of children for adoption--Consent by agency to adoption.

Section 26-6-22 - Notice to remove child from child welfare agency.

Section 26-6-23 - Grounds for revocation or refusal to issue or renew child welfare agency license or registration.

Section 26-6-23.1 - Revocation or refusal to issue or renew license or registration for child abuse or violence.

Section 26-6-23.2 - Central registry background checks on employees.

Section 26-6-24 - Notice of intended revocation or refusal of renewal of license or registration--Hearing on protest--Temporary suspension.

Section 26-6-25 - Investigation by department of unlicensed and unregistered operations--Further action by department.

Section 26-6-27 - Educational and incidental activities exempt from chapter--State institutions.

Section 26-6-28 - Reduction of number of children in foster care.

Section 26-6-29 - Shelters for battered spouses exempt.

Section 26-6-35 - Foster care for person under continuing juvenile jurisdiction who is over the age of majority.

Section 26-6-36 - Definitions relating to religious child-placement agencies.

Section 26-6-37 - Adverse action defined.

Section 26-6-38 - Child-placement agency not required to provide service that conflicts with sincere written religious policy.

Section 26-6-39 - State may not take adverse action against child-placement agency acting on basis of sincere written religious policy.

Section 26-6-40 - Licensure and state benefit programs available to religious child-placement agency.

Section 26-6-41 - Religious child-placement agency to be independent from state.

Section 26-6-42 - Child-placement agency may not decline service on basis of race, ethnicity, or national origin.

Section 26-6-43 - Claim or defense based on §§ 26-6-36 to 26-6-50.

Section 26-6-44 - Relief available for successful claim or defense.

Section 26-6-45 - Sovereign immunity not waived.

Section 26-6-46 - Broad protection of free exercise of religious beliefs and moral convictions.

Section 26-6-47 - Other law in conflict preempted.

Section 26-6-48 - Time for asserting claim.

Section 26-6-49 - Construction with federal law.

Section 26-6-50 - Other child-placement agencies not limited by actions of religious child-placement agency--Best interest of child.

Section 26-6-51 - Monitor--Designation--Primary duty.

Section 26-6-52 - Monitor--Powers and duties.

Section 26-6-53 - Findings of abuse or neglect--Report.

Section 26-6-54 - Persons requesting assistance--Identity--Confidentiality.

Section 26-6-55 - Hinderance of monitor--Violation as misdemeanor.

Section 26-6-56 - Retaliatory acts--Prohibition--Violation as misdemeanor.

Section 26-6-57 - Persons making report--Identity--Confidentiality.