CHAPTER 145

(HB 1059)

Parental notification of abuse required.


         ENTITLED, An Act to  provide for notification by the Department of Social Services to the parents of certain determinations of child abuse or neglect.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  If an investigation by the Department of Social Services determines that abuse or neglect has occurred, the department shall make reasonable efforts to inform each of the child's parents of the determination with due regard given to the rights of the subject of the report pursuant to §  26-8A-11. The information shall only include identification of the provisions of §  26-8A-2 which constituted the basis for the determination that abuse or neglect occurred. This provision does not limit the department in providing services to a parent who is the subject of the report. A notice of the report shall be sent, by certified mail, to any parent who is not the subject of the report at the parent's last known address. The information shall be maintained confidential by the parent pursuant to §  26-8A-13.

     Section  2.  The provisions of section 1 of this Act do not apply if the department has good cause to believe that the provisions of the information will be seriously detrimental to the best interests of the child.

     Signed February 14, 2006
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