21.182.15 96th Legislative Session 400

2021 South Dakota Legislature

Senate Bill 31

ENROLLED

An Act

ENTITLED An Act to provide for the release of adult abuse case information to certain parties to assist in the provision of adult protective services.

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

Section 1. That a NEW SECTION be added:

1-36A-29.1. Records confidential--Exceptions.

All investigative case records and files relating to reports of abuse, neglect, or exploitation of adults and elderly are confidential, and no disclosure of any such records, files, or other information may be made except as authorized in this chapter. The Department of Human Services may release records, files, or other information to the following parties upon receipt of a request showing that it is necessary for the parties to have the information in the performance of official functions relating to abuse, neglect, or exploitation:

(1) The attorney general, state's attorneys, law enforcement agencies, protective services workers, and courts investigating reports of known or suspected abuse, neglect, or exploitation;

(2) The attorney, legal guardian, conservator, an agent under an advanced health care directive, or a health care decision maker pursuant to § 34-12C-3, of the adult who is the subject of the information;

(3) Public officials or their authorized representatives who require the information in connection with the discharge of official duties;

(4) Institutions and agencies that have legal responsibility or authorization to care for, treat, or supervise a person who is the subject of the information or report;

(5) A family member of the person who is the subject of the information or report;

(6) A state, regional, or national registry of adult and elderly abuse, neglect, or exploitation cases and courts of record of other states; or

(7) A health care professional providing diagnosis or treatment for a person who is suspected or found to be abused, neglected, or exploited.

A party receiving information pursuant to this section shall hold the information confidential except to the extent a court orders the release of the information for the determination of an issue before the court.

An Act to provide for the release of adult abuse case information to certain parties to assist in the provision of adult protective services.

I certify that the attached Act originated in the:

Senate as Bill No. 31

Secretary of the Senate

President of the Senate

Attest:

Secretary of the Senate

Speaker of the House

Attest:

Chief Clerk

Senate Bill No. 31

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2021 at ____________M.

By

for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2021

Governor

STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________, 2021

at _________ o'clock __M.

Secretary of State

By

Asst. Secretary of State