An Act to to establish limitations applicable to initial family assessments.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

26-8A-9.1. Initial family assessments--Written notice--Limitations.

Before an employee of the Department of Social Services, Division of Child Protection Services, begins an initial family assessment for the purpose of investigating a report of child abuse or neglect, the employee shall deliver to the child's parent a written notice indicating that:

(1) The employee does not have a warrant to remove a child from the home and place the child in protective custody;

(2) The employee does not have the right authority to remove a child from the home and place the child in protective custody unless the employee first obtains a warrant;

(3)(2) The parent may withhold permission for the employee to enter the home until such time as the employee obtains a warrant; and

(4)(3) If a A law enforcement officer is who may be accompanying the employee, the purpose is to ensure the safety and well-being of the employee and is not present, implicitly or explicitly, to threaten or intimidate the parent.