CHAPTER 46:33:01

ADULT PROTECTIVE SERVICES

Section

46:33:01:01        Definitions.

46:33:01:02        Eligibility requirements.

46:33:01:03        Services.

          46:33:01:01.  Definitions. Terms used in this article mean:

          (1)  "Adult protective service," is the service provided when abuse, neglect, or financial exploitation is substantiated to an elder or an adult with a disability;

          (2)  "Adult with a disability," a person eighteen years of age or older who has a condition of intellectual disability, infirmities of aging as manifested by organic brain damage, advanced age, or other physical dysfunctioning to the extent that the person is unable to protect themself or provide for their own care;

          (3)  "Elder," as defined in SDCL 22-46-1(3); and

          (4)  "Protective services," are any actions taken to explore, develop, or arrange services to alleviate abuse, neglect, or financial exploitation of an elder or an adult with disabilities. The service of conducting an investigation is not considered a protective service.

          Source: 47 SDR 24, effective September 8, 2020.

          General Authority: SL 2017, ch 230 (Ex. Ord. 17-1), §§ 25-28, eff. Apr. 13, 2017,

SDCL 1-36A-26(11).

          Law Implemented: SDCL 1-36A-26(11).

          Cross Reference: General types of abuse, neglect, or financial exploitation, SDCL 22-46-1.

          46:33:01:02.  Eligibility requirements. A person is eligible for adult protective services if that person is an elder or an adult with a disability who is:'

          (1)  Harmed or threatened with harm because of self-neglect, poor health, or the action or inaction of others, or

          (2)  A victim of abuse, neglect, or exploitation as defined in SDCL 22-46-1.

          Source: 47 SDR 24, effective September 8, 2020.

          General Authority: SL 2017, ch 230 (Ex. Ord. 17-1), §§ 25-28, eff. Apr. 13, 2017, SDCL 1-36A-26(11).

          Law Implemented: SDCL 1-36A-26(11).

          46:33:01:03.  Services. The adult protective services to be provided are:

          (1)  Protective services assessment; and

          (2)  Protective services when allegations are substantiated by the assessment.

          Source: 47 SDR 24, effective September 8, 2020.

          General Authority: SL 2017, ch 230 (Ex. Ord. 17-1), §§ 25-28, eff. Apr. 13, 2017, SDCL 1-36A-26(11).

          Law Implemented: SDCL 1-36A-26(11).