reglab/housing_qa huggingface dataset:
SD Codified L § 26-8A-11 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-11 - Request to amend or remove record--Administrative hearing--Decision.

26-8A-11. Request to amend or remove record--Administrative hearing--Decision.Within thirty days after the Department of Social Services notifies any person that he or she will be placed on the central registry for child abuse and neglect based upon a substantiated investigation, the person may request an administrative hearing. The administrative hearing is limited to determining whether the record should be amended or removed on the grounds that it is inaccurate. The request shall be made in writing and directed to the person designated by the department in the notice. However, if there has been a court finding of child abuse or neglect, the record's accuracy is conclusively presumed and the person has no right to an administrative hearing. In the hearing, the burden of proving the accuracy of the record is on the department. The hearing examiner may order the amendment or removal of the record. The decision of the hearing examiner shall be made in writing within ninety days after the date of receipt of the request for a hearing and shall state the reasons upon which it is based. Decisions of the department under this section are administrative decisions subject to judicial review under chapter 1-26. In any case where there has been no substantiated report of child abuse and neglect, the department may not maintain a record or other information of unsubstantiated child abuse and neglect for longer than three years if there has been no further report within that three-year period. Source: SL 1991, ch 217, §120; SL 1996, ch 178, §2; SL 1997, ch 159, §1; SL 2007, ch 164, §1.
SD Codified L § 26-8A-11.1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-11.1 - Request for a hearing to release name of complainant in unsubstantiated investigation.

26-8A-11.1. Request for a hearing to release name of complainant in unsubstantiated investigation.Within thirty days after the notice of the determination of an unsubstantiated investigation by the Department of Social Services, the person who is the subject of the investigation may request an administrative hearing to determine whether the report was made with malice and without reasonable foundation and whether the name of the complainant should be released to the subject of the investigation. Within twenty days of receiving the request, an administrative hearing officer shall notify the complainant by mail that a request to release the complainant's name has been made and set a time and date for a hearing. The complainant shall be afforded the opportunity to be heard prior to any determination by the hearing officer to release the name. The complainant may appear at the hearing in person or through counsel or may submit written objections to the request in lieu of appearance. Any written objections or other information that may reveal the name of the complainant shall be sealed and available only to the administrative hearing officer. The administrative hearing officer shall determine within ninety days of the final date of the hearing whether the report was made maliciously and without reasonable foundation and whether release of the complainant's name would be likely to endanger the complainant's life or safety. The administrative hearing officer shall issue such a finding in a written report. The report may not disclose the name of the complainant or other identifying information. If the administrative hearing officer determines that the report was made with malice and without reasonable foundation and that release of the complainant's name is not likely to endanger the complainant's life or safety, the officer shall order the department to release the name of the complainant thirty days after issuing such finding. If the administrative hearing officer determines that the report was not made with malice or that the report was made with reasonable foundation or that release of the complainant's name is likely to endanger the life or safety of the complainant, the name of the complainant may not be disclosed. Decisions of the department under this section are administrative decisions subject to review under chapter 1-26. If a decision of the department under this section is appealed under chapter 1-26, the identity of the complainant shall remain confidential until a final court order requiring the release of the complainant's name. Source: SL 1996, ch 178, §3.
SD Codified L § 26-8A-12 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-12 - Operation of central registry for abuse and neglect--Adoption of rules.

26-8A-12. Operation of central registry for abuse and neglect--Adoption of rules.The secretary of social services may adopt reasonable and necessary rules for the operation of the central registry for abuse and neglect, including the following:(1)Filing of reports;(2)Procedures for provision of notice to the subject of a report;(3)Amendment and expunction;(4)Release of information from the registry;(5)Statistical information; and(6)Provisions for the keeping and maintenance of records and the type of information placed into the central registry.However, the secretary may not adopt any rule which would permit the removal from the central registry for abuse and neglect of any person who has been convicted of any violation of chapter 22-22, chapter 22-24A, §22-22A-3, or §26-10-1, if the victim of such crime was a child. Source: SL 1991, ch 217, §120A; SL 1992, ch 187; SL 2007, ch 167, §3.
SD Codified L § 26-8A-12.1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-12.1 - Abuse and neglect screening of head start employees and adoptive or foster parents.

26-8A-12.1. Abuse and neglect screening of head start employees and adoptive or foster parents.Upon receipt of a list of names of current or potential employees from a head start program director or the name of any person being considered as an adoptive or foster parent from a certified social worker eligible to engage in private independent practice as defined in §36-26-17, the secretary of the Department of Social Services shall compare the list to the central registry for abuse and neglect and report any findings to the requesting program director or social worker. Source: SL 1997, ch 162, §1; SL 2002, ch 116, §4.
SD Codified L § 26-8A-12.2 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-12.2 - Abuse and neglect screening required of certain current and potential employees and volunteers--Written consent required.

26-8A-12.2. Abuse and neglect screening required of certain current and potential employees and volunteers--Written consent required.Upon receipt of names of current or potential employees or volunteers from the Juvenile Division of the Department of Corrections, any adolescent treatment program operated by the Department of Human Services or the Department of Social Services, any entity recognized as administering a CASA program as provided in §16-2-51, any nationally accredited child advocacy center recognized by the Department of Social Services, or a court considering appointment of a guardian ad litem for a child in a proceeding pursuant to chapter 26-8A, the Department of Social Services shall compare the names to the central registry for abuse and neglect and report any findings to the requesting program director, to the Bureau of Human Resources human resource manager, child advocacy center, or to the court. Any potential employee or volunteer under this section shall give written consent before completion of the abuse and neglect screening. Failure to submit to abuse and neglect screening disqualifies an applicant from employment or appointment. Source: SL 2001, ch 140, §1; SL 2008, ch 138, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §134, eff. Apr. 12, 2011; SL 2012, ch 23, §95; SL 2016, ch 144, §1.
SD Codified L § 26-8A-12.3 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-12.3 - Central registry check of kinship, foster care, adoption, and child welfare agency employment applicants.

26-8A-12.3. Central registry check of kinship, foster care, adoption, and child welfare agency employment applicants.Upon the receipt of a written request from a licensed child welfare agency or a private child welfare agency whose licensure has been waived pursuant to §26-6-9, the Department of Social Services shall conduct a check of the central registry for child abuse and neglect for kinship, foster care, adoption, or employment applicants and shall provide the results to the requesting agency. Further, upon written request from an agency that provides child welfare services or child placement services for a federally recognized tribe, the department shall conduct a check of the central registry for child abuse and neglect for kinship, foster care, or adoption applicants and shall provide the results to the requesting tribal agency. Before the department conducts any check of the central registry for child abuse and neglect pursuant to this section, the requesting agency shall provide to the department a consent signed by the applicant for kinship, foster care, adoption, or employment. Source: SL 2007, ch 165, §2; SL 2016, ch 144, §2.
SD Codified L § 26-8A-12.4 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-12.4 - Central registry check of prospective foster or adoptive parents at request of governmental social service agency for another state.

26-8A-12.4. Central registry check of prospective foster or adoptive parents at request of governmental social service agency for another state.Upon receipt of a written request from a governmental social service agency with child protection responsibilities for another state and a consent signed by the applicant, the Department of Social Services shall conduct a check of the central registry for child abuse and neglect regarding a prospective foster or adoptive parent in the requesting state or any adult living in the parent's home and shall provide the results to the requesting agency. Source: SL 2007, ch 162, §2.
SD Codified L § 26-8A-13.2 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-13.2 - Consent of possible caretaker required for central registry screenings.

26-8A-13.2. Consent of possible caretaker required for central registry screenings.For central registry screenings allowed under the provisions of §26-8A-13.1, the Department of Social Services may not complete the requested screening until the court, court services, the Department of Corrections, or the state's attorney provides to the department a consent signed by the person being considered as a possible caretaker for the child. Source: SL 2007, ch 166, §2.
SD Codified L § 26-8A-13.3 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-13.3 - Allegations relating to military parent or guardian--Notice to defense department family advocacy program.

26-8A-13.3. Allegations relating to military parent or guardian--Notice to defense department family advocacy program.Upon receipt of a report pursuant to §26-8A-10, the Department of Social Services shall make an effort to determine the military status of the parent or guardian whose child is subject to the report of child abuse or neglect. Notwithstanding the provisions of §26-8A-13 or any other provision of law, if the department determines that the parent or guardian is in the military, the department shall notify a United States Department of Defense family advocacy program of the allegations that relate to the military parent or guardian. Source: SL 2019, ch 123, §1.
SD Codified L § 26-8A-14 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-14 - Immunity from liability.

26-8A-14. Immunity from liability.Any person or party participating in good faith in the making of a report or the submitting of copies of medical examination, treatment, or hospitalization records pursuant to §§26-8A-3 to 26-8A-8, inclusive, or pursuant to any other provisions of this chapter, is immune from any liability, civil or criminal, that might otherwise be incurred or imposed, and has the same immunity for participation in any judicial proceeding resulting from the report. Immunity also extends in the same manner to persons requesting the taking of photographs and X rays pursuant to §26-8A-16, to persons taking the photographs and X rays, to child protection teams established by the secretary of social services, to public officials or employees involved in the investigation and treatment of child abuse or neglect or making a temporary placement of the child pursuant to this chapter, or to any person who in good faith cooperates with a child protection team or the Department of Social Services in investigation, placement, or a treatment plan. The provisions of this section or any other section granting or allowing the grant of immunity do not extend to any person alleged to have committed an act or acts of child abuse or neglect. Source: SL 1964, ch 90, §3; SL 1980, ch 193, §4; SL 1984, ch 192, §11; SL 1991, ch 217, §122B; SDCL, §26-10-14.
SD Codified L § 26-8A-15 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-15 - Communications not privileged in child abuse or neglect cases.

26-8A-15. Communications not privileged in child abuse or neglect cases.The privilege of confidentiality set forth in §§19-2-3, 19-19-503, 19-19-504, 19-19-508.1, and 36-26-30 may not be claimed in any judicial proceeding involving an alleged abused or neglected child or resulting from the giving or causing the giving of a report concerning abuse or neglect of a child pursuant to §§26-8A-3 to 26-8A-8, inclusive. Source: SL 1964, ch 90, §4; SL 1977, ch 209; SL 1989, ch 233; SL 1991, ch 217, §123B; SDCL Supp, §26-10-15.
SD Codified L § 26-8A-16 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-16 - Photographs, videotapes, or other images, and medical examinations taken without consent--Disposition.

26-8A-16. Photographs, videotapes, or other images, and medical examinations taken without consent--Disposition.Any person who receives a report under §26-8A-3 may take or cause to be taken color photographs, videotapes, or other images of the areas of trauma visible on a child who is the subject of the report and may require a radiological or other medical examination or testing of the child without the consent of the child's parents, guardian, or custodian. All photographs, videotapes, or other images taken pursuant to this section shall be taken by a law enforcement official, the Department of Social Services, or a person authorized by a law enforcement official or the department. All photographs, videotapes, other images, X rays, and test results, or copies of them, shall be sent to the appropriate law enforcement agency or state's attorney or to the Department of Social Services. These photographs, videotapes, and other images need not be made a part of the child's medical or hospital records. Any photograph, videotapes, or other image in the possession of the Department of Social Services shall be destroyed by the Department of Social Services if no criminal prosecution or civil action is initiated within three years of the date that such material was received by the Department of Social Services. Source: SL 1984, ch 192, §10; SL 1991, ch 217, §124B; SDCL, §26-10-18; SL 1999, ch 135, §1.
SD Codified L § 26-8A-17 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-17 - Child protection teams.

26-8A-17. Child protection teams.The secretary of social services may appoint child protection teams to assist in the prevention and treatment of child abuse and neglect. A child protection team may include licensed or certified medical and health professionals, the court services officer recommended by the presiding judge of a judicial circuit in which the team is to operate, the secretaries of social services and health or their designees, a representative of a mental health center, a representative of a public school district in which the team is to operate, an attorney, a foster parent, and one or more representatives of the public. The Department of Social Services shall maintain a record of the membership of each child protection team. Source: SL 1980, ch 193, §1; SL 1989, ch 234; SL 1991, ch 217, §125B; SDCL Supp, §26-10-16.
SD Codified L § 26-8A-18 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-18 - Appointment of counsel--Compensation--Assistance.

26-8A-18. Appointment of counsel--Compensation--Assistance.Notwithstanding the provisions of §§26-7A-31 and 26-8A-9, the court shall appoint an attorney for any child alleged to be abused or neglected in any judicial proceeding. The court shall appoint an attorney in the manner the county in which the action is being conducted has chosen to provide indigent counsel under §23A-40-7. The attorney for the child shall represent the child's best interests and may not be the attorney for any other party involved in the judicial proceedings. The court may designate other persons, including a guardian ad litem or special advocate, who may or may not be attorneys licensed to practice law, to assist the attorney of the child in the performance of the attorney's duties. Compensation and expense allowances for the child's attorney shall be determined and paid according to §26-7A-31. Source: SL 1984, ch 192, §9; SL 1991, ch 217, §126B; SDCL §26-10-17; SL 2010, ch 139, §3.
SD Codified L § 26-8A-19 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-19 - Abused and neglected child defense fund--Distribution to counties--Pro rata.

26-8A-19. Abused and neglected child defense fund--Distribution to counties--Pro rata.There is hereby created in the office of the state treasurer an abused and neglected child defense fund. All moneys in the abused and neglected child defense fund shall be annually distributed by the state treasurer to the counties on a pro rata basis. The state treasurer shall, within sixty days of the end of the fiscal year, determine and verify from receipts and expenditure records the total expenditures by all counties in the state for the representation of abused and neglected children. He shall then establish a percentage ratio between moneys collected in the fund for the past fiscal year and the total expenditures by counties for the representation of abused and neglected children. That percentage ratio shall then be applied to each county's expenditure for the representation of abused and neglected children to determine its respective payment from the fund. Source: SL 1991, ch 197, §§2, 3.
SD Codified L § 26-8A-20 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-20 - Appointment of representative of child's best interest--Duties.

26-8A-20. Appointment of representative of child's best interest--Duties.If a child is an apparent or alleged abused or neglected child, the court may appoint a special advocate to represent the best interests of the child and to assist the child's attorney. If a child has been adjudicated an abused or neglected child and is removed from the child's home with the child's parents, guardian or custodian, the court shall appoint a guardian ad litem or a special advocate to represent the best interests of the child and to assist the child's attorney. The guardian ad litem or special advocate is an officer of the court for the purpose of representing the child's best interests. The guardian ad litem or special advocate shall receive all reports concerning the child and may cause the case to be reviewed by the court pursuant to §26-8A-24. Source: SL 1985, ch 214, §2; SL 1991, ch 217, §128B; SDCL Supp, §26-8-35.3; SL 2009, ch 137, §1.
SD Codified L § 26-8A-21 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-21 - Reasonable efforts to eliminate need for removal--Reasonable efforts to return child to home--Determining adequacy of efforts.

26-8A-21. Reasonable efforts to eliminate need for removal--Reasonable efforts to return child to home--Determining adequacy of efforts.The Department of Social Services shall make reasonable efforts prior to the removal of an alleged or adjudicated abused or neglected child from the home of the child's parents, guardian, or custodian to prevent or eliminate the need for removal of the child. If the child has been removed from the home and has been placed in temporary custody of the department, the department shall make reasonable efforts to make it possible for the child to return to the home of the child's parents, guardian, or custodian. If the child is to be or has been removed from the home, the court shall first make a judicial determination that removal of the child from the home is or was necessary because continued presence of the child in the home would be contrary to the welfare of the child and that reasonable efforts by the department to avoid removal of the child from the home have been made. If the child has been removed from the home and has not been returned to the home, the court shall first make a judicial determination that reasonable efforts have been made by the department to return the child to the home and that the child cannot be returned to the home because it would be contrary to the welfare of the child.Reasonable efforts to prevent the necessity for removal of a child from the home of the child's parents, guardian, or custodian and reasonable efforts to return the child to the home mean provision by the department of any assistance or services that:(1)Are appropriate for the child's parents, guardian, custodian, or any other caretaker family of the child existing at the time of removal or possible return of the child, including instruction on parenting;(2)Are available pursuant to the comprehensive plan of preventive services of the department;(3)Could be made available without undue financial burden on the department; or(4)Would have a significant likelihood of protecting the child from substantial danger to the child's physical health or from severe emotional damage while enabling the child to remain in the home or to be returned to the home.In determining the adequacy of reasonable efforts, the court shall consider the assistance, services, and efforts of the department. The court shall also consider the good faith efforts or the lack of good faith efforts made by the child's parents, guardian, custodian, or other caretaker family to cooperate with the department and to effectively utilize the assistance or services for the benefit and welfare of the child. Source: SL 1989, ch 231, §3; SL 1991, ch 217, §130B; SDCL Supp, §26-8-35.5; SL 1998, ch 161, §1; SL 1998, ch 162, §1.