1212E 95th Legislative Session 168

2020 South Dakota Legislature

House Bill 1212

AMENDMENT 1212E FOR THE HOUSE JUDICIARY BILL

Introduced by: Representative Healy

An Act to add certain persons to the list of mandatory reporters of suspected child abuse or neglect.

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

Section 1. That § 26-8A-3 be AMENDED:

26-8A-3. Abused or neglected child--Required reporting--Violation as misdemeanor.

Any physician, dentist, doctor of osteopathy, chiropractor, optometrist, emergency medical technician, paramedic, mental health professional or counselor, podiatrist, psychologist, dental hygienist, member of the clergy, religious healing practitioner, social worker, hospital intern or resident, parole or court services officer, law enforcement officer, teacher, school counselor, school official, nurse, licensed or registered child welfare provider, employee or volunteer of a domestic abuse shelter, employee or volunteer of a child advocacy organization or child welfare service provider, chemical dependency counselor, coroner, or any safety-sensitive position as defined in § 3-6C-1, who has reasonable cause to suspect that a child under the age of eighteen has been abused or neglected as defined in § 26-8A-2 shall report that information in accordance with §§ 26-8A-6, 26-8A-7, and 26-8A-8. Any person who intentionally fails to make the required report is guilty of a Class 1 misdemeanor. Any person who knows or has reason to suspect that a child has been abused or neglected as defined in § 26-8A-2 may report that information as provided in § 26-8A-8.

Under this section a clergyman, as defined in subdivision 19-19-505(a)(1), is not guilty of violating this section and has no duty to report the clergyman's knowledge of suspected child abuse or neglect if that knowledge or suspicion is communicated to the clergyman while acting in the clergyman's professional capacity as a spiritual adviser and the communication is considered confidential, as defined in subdivision 19-19-505(a)(2).

Section 2. This Act shall go into effect January 1, 2021.

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.