South Dakota Codified Laws
Chapter 08A - Protection Of Children From Abuse Or Neglect
Section 26-8A-36 - Immunity from liability for administering or not administering toxicology test.

26-8A-36. Immunity from liability for administering or not administering toxicology test.
A health care practitioner or any other medical personnel administering a toxicology test to determine the presence of a controlled substance in a newborn infant at birth or during the first twenty-eight days after birth and the employer of the person administering the test are immune from civil or criminal liability arising from administration of the test if the health care practitioner ordering the test believes in good faith that the test is permitted under this section and if the test is administered in accordance with an established protocol and reasonable medical practice.
If a health care practitioner or any other medical personnel determines in good faith not to administer a toxicology test under this section, the person making the determination and the person's employer are immune from civil or criminal liability arising from not administering the test.

Source: SL 2018, ch 167, §2.

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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.