South Dakota Codified Laws
Chapter 08A - Protection Of Children From Abuse Or Neglect
Section 26-8A-35 - Toxicology test of newborn infant for exposure to controlled substance--Report of positive result.

26-8A-35. Toxicology test of newborn infant for exposure to controlled substance--Report of positive result.
If a health care practitioner has reason to believe based on a medical assessment of a mother or a newborn infant that the mother used a controlled substance for a nonmedical purpose during the pregnancy, the health care practitioner may administer, with or without the consent of the newborn infant's parent or guardian, a toxicology test to the newborn infant under the health care practitioner's care to determine whether there is evidence of prenatal exposure to a controlled substance. If the test results are positive, the health care practitioner shall report the results pursuant to §26-8A-8.

Source: SL 2018, ch 167, §1.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 26 - Minors

Chapter 08A - Protection Of Children From Abuse Or Neglect

Section 26-8A-1 - Purpose of chapter.

Section 26-8A-2 - Abused or neglected child.

Section 26-8A-3 - Persons required to report child abuse or neglected child--Intentional failure as misdemeanor.

Section 26-8A-4 - Additional persons to report death resulting from abuse or neglect--Intentional failure as misdemeanor.

Section 26-8A-5 - Application of terms.

Section 26-8A-6 - Report of abuse or neglect by hospital personnel--Failure as misdemeanor--Written policy required.

Section 26-8A-7 - Child abuse or neglect reports by school personnel--Failure as misdemeanor--Written policy required.

Section 26-8A-8 - Oral report of abuse or neglect--To whom made--Response report.

Section 26-8A-9 - Investigation of oral report--Other action permitted--Appointment of attorney--Compensation.

Section 26-8A-10 - Report to social services--Content.

Section 26-8A-10.1 - Notice to child's parents of determination of abuse or neglect--Contents--Confidentiality.

Section 26-8A-10.2 - Exception to notice requirement.

Section 26-8A-11 - Request to amend or remove record--Administrative hearing--Decision.

Section 26-8A-11.1 - Request for a hearing to release name of complainant in unsubstantiated investigation.

Section 26-8A-12 - Operation of central registry for abuse and neglect--Adoption of rules.

Section 26-8A-12.1 - Abuse and neglect screening of head start employees and adoptive or foster parents.

Section 26-8A-12.2 - Abuse and neglect screening required of certain current and potential employees and volunteers--Written consent required.

Section 26-8A-12.3 - Central registry check of kinship, foster care, adoption, and child welfare agency employment applicants.

Section 26-8A-12.4 - Central registry check of prospective foster or adoptive parents at request of governmental social service agency for another state.

Section 26-8A-13 - Confidentiality of abuse or neglect information--Violation as misdemeanor--Release to certain parties.

Section 26-8A-13.1 - Certain child protection records to be provided to the court, court services, state's attorney, or agencies--Discovery--Fees.

Section 26-8A-13.2 - Consent of possible caretaker required for central registry screenings.

Section 26-8A-13.3 - Allegations relating to military parent or guardian--Notice to defense department family advocacy program.

Section 26-8A-14 - Immunity from liability.

Section 26-8A-15 - Communications not privileged in child abuse or neglect cases.

Section 26-8A-16 - Photographs, videotapes, or other images, and medical examinations taken without consent--Disposition.

Section 26-8A-17 - Child protection teams.

Section 26-8A-18 - Appointment of counsel--Compensation--Assistance.

Section 26-8A-19 - Abused and neglected child defense fund--Distribution to counties--Pro rata.

Section 26-8A-20 - Appointment of representative of child's best interest--Duties.

Section 26-8A-21 - Reasonable efforts to eliminate need for removal--Reasonable efforts to return child to home--Determining adequacy of efforts.

Section 26-8A-21.1 - Exceptions to §26-8A-21.

Section 26-8A-21.2 - Permanency hearing required if child is not to be returned to parents--Court to determine placement--Final dispositional hearing.

Section 26-8A-22 - Final decree of disposition--Permitted disposition when parental rights not terminated--Annual permanency hearing for child in foster care.

Section 26-8A-22.1 - Court to require instruction in parenting as part of sentence in certain convictions.

Section 26-8A-23 - Court-ordered medical, psychological or psychiatric treatment of spiritually-treated child.

Section 26-8A-24 - Periodic review hearings of foster care status--Petition for judicial action.

Section 26-8A-25 - Criteria for determining continued placement of child separate from home.

Section 26-8A-26 - Termination of parental rights--Return of child to parents or continued placement--Annual permanency hearing for child in foster care.

Section 26-8A-26.1 - Additional reasons for termination of parental rights.

Section 26-8A-27 - Final decree terminating parental rights of one or both parents--Child support arrearages--Custody of child.

Section 26-8A-28 - Notice of order or final decree--Service--Appeal.

Section 26-8A-29 - Continuing jurisdiction over abused or neglected child.

Section 26-8A-29.1 - Request for hearing by relative denied adoptive placement--Time limits--Intervention.

Section 26-8A-30 - Testimony of child by closed circuit television--Hearing to determine necessity.

Section 26-8A-31 - Persons allowed to be present during closed circuit television testimony--Display of defendant's image in room where witness testifies.

Section 26-8A-32 - Due regard to be afforded Indian Child Welfare Act.

Section 26-8A-33 - Proceeding involving child covered by Indian Child Welfare Act.

Section 26-8A-34 - Alcohol or drug testing as condition of child placement or return.

Section 26-8A-35 - Toxicology test of newborn infant for exposure to controlled substance--Report of positive result.

Section 26-8A-36 - Immunity from liability for administering or not administering toxicology test.

Section 26-8A-37 - Health care practitioner defined.