Regulation detail

SDCL § 26-8A-3

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SDCL § 26-8A-3 active

Child abuse — persons required to report

Jurisdiction: SD Agency: South Dakota Legislature
Plain-English summary

This South Dakota statute requires a broad list of mandated reporters—including physicians, mental health professionals, social workers, law enforcement officers, teachers, chemical dependency counselors, and others—to report reasonable suspicion of child abuse or neglect in accordance with specified reporting procedures. Intentional failure to make a required report constitutes a Class 1 misdemeanor. The law governs the reporting obligation of individual professionals and volunteers, not the licensing or operation of any specific facility or level of care.

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Regulation text
SDLRC - Codified Law 26-8A-3 - Persons required to report child abuse or neglected child--Intentional failure--Penalty.
26-8A-3
. 
Persons required to report child abuse or neglected child--Intentional failure--Penalty.
Any physician, dentist, doctor of osteopathy, chiropractor, optometrist, emergency medical technician, paramedic, mental health professional or counselor, podiatrist, psychologist, religious healing practitioner, social worker, hospital intern or resident, parole or court services officer, law enforcement officer, coach of a school activity, teacher, school counselor, school official, nurse, licensed or registered child welfare provider, employee or volunteer of a domestic abuse shelter, employee or volunteer of a child advocacy organization or child welfare service provider, chemical dependency counselor, coroner, dental hygienist, or any safety-sensitive position as defined in § 
3-6C-1
, who has reasonable cause to suspect that a child under the age of eighteen has been abused or neglected, as defined in § 
26-8A-2
, shall report that information in accordance with §§ 
26-8A-6
, 
26-8A-7
, and 
26-8A-8
. Any person who intentionally fails to make the required report is guilty of a Class 1 misdemeanor. Any person who knows or has reason to suspect that a child has been abused or neglected as defined in § 
26-8A-2
 may report that information as provided in § 
26-8A-8
.
 
Source: 
SL 1964, ch 90, §§ 1, 5; SDCL § 26-10-13; SL 1973, ch 172, § 1; SL 1975, ch 179, § 2; SL 1976, ch 167; SL 1982, ch 201; SL 1984, ch 192, § 2; SL 1985, ch 215, § 1; SL 1986, ch 223; SL 1991, ch 217, § 112B; SDCL Supp, § 26-10-10; SL 1993, ch 203; SL 2000, ch 122, § 1; SL 2012, ch 146, § 1; SL 2016, ch 143, § 1; SL 2021, ch 118, § 1; SL 2026, ch 122, § 1.