CHAPTER 67:14:30
CHILD PROTECTIVE SERVICES
Section
67:14:30:01 Definition of child protective services.
67:14:30:02 Children eligible for child protective service.
67:14:30:03 to 67:14:30:05 Repealed.
67:14:30:06 Receipt and assessment or investigation of reports.
67:14:30:01. Definition of child protective services. "Child protective services," are services provided to a child for whom there is alleged abuse or neglect. These services may include assessment of child abuse and neglect reports, evaluating whether a child is exposed to threats to safety, assessment of a parent's or caretaker's ability to protect the child, establishment of a present danger plan, provision of emergency foster care, establishment of a safety plan, and interventions and services to change negative behaviors and conditions that make a child unsafe.
Source: 2 SDR 49, effective January 7, 1976; 3 SDR 38, effective November 23, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 37 SDR 222, effective June 7, 2011; 44 SDR 94, effective December 4, 2017; 47 SDR 24, effective September 10, 2020.
General Authority: SDCL 26-4-7(1)(6)(7).
Law Implemented: SDCL 26-4-7(1)(6)(7).
Cross Reference: Abuse of or cruelty to minor as felony--Reasonable force as defense--Limitation of action, SDCL 26-10-1.
67:14:30:02. Children eligible for child protective services. A child is eligible for child protective services if the child is under 18 years of age, and the child is alleged or determined to be unsafe because the individuals responsible for the child's care are unable or unwilling to keep the child safe from harm or threats of harm or if a child is abused or neglected as defined in SDCL 26-8A-2.
Source: 2 SDR 49, effective January 7, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 37 SDR 222, effective June 7, 2011; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 26-4-7(1)(6)(7).
Law Implemented: SDCL 26-4-7(1)(6)(7).
67:14:30:03. Use
of emergency services. Repealed.
Source:
2 SDR 49, effective January 7, 1976; 7 SDR 66, 7 SDR 89, effective July 1,
1981; repealed, 37 SDR 222, effective June 7, 2011.
67:14:30:04. Protection of legal rights of parents.Repealed.
Source: 2 SDR 49, effective January 7, 1976; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.
67:14:30:05. Emergency removal of a child.Repealed.
Source: 2 SDR 49, effective January 7, 1976; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.
67:14:30:06. Receipt and assessment or investigation of reports. The department shall provide for 24-hour receipt of reports of a child alleged to be exposed to harm or threats of harm by a parent, guardian, or custodian responsible for the child's care and reports of child abuse or neglect through agreements with law enforcement agencies or other community-based agencies. The department shall provide immediate or prompt assessment or investigation of reports made to the department by any person who makes a report under the provisions of SDCL 26-8A-3 alleging that a child is in need of protective services. The department shall offer protective services to the family and may make referral to the court of competent jurisdiction upon confirmation of need for child protective services. If a report received by the department implicates involvement of a foster parent or person employed by the department, the department shall request a review of the report by the state's attorney.
Source: 2 SDR 49, effective January 7, 1976; 3 SDR 38, effective November 23, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 37 SDR 222, effective June 7, 2011; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 26-4-7.
Law Implemented: SDCL 26-4-7.
Editor's Note: The Legislative Research Council substituted "SDCL 26-8A-3" for "SDCL 26-10-10" and "SDCL 26-8A-9" for "SDCL 26-10-12.1" in the text in this section pursuant to the transfers accomplished by SL 1991, ch 217, §§ 112B and 118B, effective July 1, 1991.
