Mandated Reporter Academy
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How to Report

South Dakota (SD)

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Who is required to report?

Citation: Ann. Laws § 26-8A-3

Mandatory reporters include the following:

  • Physicians, dentists, dental hygienists, osteopaths, chiropractors, optometrists, emergency medical technicians, paramedics, religious healing practitioners, podiatrists, hospital interns or residents, nurses, or coroners
  • Teachers, school counselors, or officials
  • Licensed or registered child welfare providers
  • Mental health professionals or counselors, psychologists, social workers, chemical dependency counselors, or employees or volunteers of domestic abuse shelters
  • Employees or volunteers of child advocacy organizations or child welfare service providers
  • Parole or court services officers or law enforcement officers
  • Any safety-sensitive position (as defined in § 23-3-64), including any law enforcement officer authorized to carry firearms and any custody staff employed by any agency responsible for the rehabilitation or treatment of any adjudicated adult or juvenile

When is a report required?

Citation: Ann. Code § 63-7-310

A mandated reporter shall report to the Department of Social Services or a law enforcement agency when the reporter has reason to believe that a child may have been abused or neglected. The report is made to a law enforcement agency when abuse is committed by someone other than a person responsible for the child's welfare.

Reports may be made orally by telephone or otherwise to the county Department of Social Services or to a law enforcement agency in the county where the child resides or is found.

What information should the report include?

  • The name, address, date and place of birth of the child;
  • The name and address of the child’s parents, guardian, custodian or responsible persons;
  • The date of the report; and
  • The suspected or proven instances of child abuse or neglect

Failure to report

Citation: Ann. Stat. §§ 26-8A-3; 26-8A-4; 26-8A-6; 26-8A-7

Any mandatory reporter who knowingly and intentionally fails to make the required report is guilty of a class 1 misdemeanor. This provision includes the following:

  • Reports that must be made to the coroner when the reporter suspects that a child has died as a result of abuse or neglect
  • Reports that are required of hospital staff
  • Reports that are required of staff of public or private schools