Chapter 12

(Senate Bill 31)

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--Information received confidential--Exception.

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.

Signed March 8, 2021

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

Overstrikes indicate deleted language.