Definitions of Child Abuse and Neglect South Dakota
Standard
Threatens with substantial harm
Exemption.
Not addressed in statutes reviewed
Categories of Maltreatment Defined in Statute
Physical abuse
Neglect
Sexual abuse
Sexual exploitation
Emotional/mental injury
Abandonment
Categories of Maltreatment Not Defined in Statute
Full Text of Statute
DEFINITIONS
S.D. Codified Laws § 26-8A-2 (Michie Supp. 1998
'Abused or neglected child' means a child:
Whose parent, guardian, or custodian, has abandoned the child or has subjected the child to mistreatment or abuse;
Who lacks proper parental care through the
actions or omissions of the child's parent,
guardian or custodian;
Whose environment is injurious to the child's
welfare;
Whose parent, guardian, or custodian fails or
refuses to provide proper or necessary
subsistence, supervision, education, medical
care, or any other care necessary for the child's
health, guidance, or well-being;
Who is homeless, without proper care, or not
domiciled with the child's parent, guardian, or
custodian through no fault of the child's parent,
guardian, or custodian;
Who is threatened with substantial harm;
Who has sustained emotional harm or mental injury
as indicated by an injury to the child's
intellectual or psychological capacity evidenced
by an observable and substantial impairment in
the child's ability to function within the
child's normal range of performance and behavior,
with due regard to the child's culture;
Who is subject to sexual abuse, sexual
molestation, or sexual exploitation by the
child's parent, guardian, custodian, or any other
person responsible for the child's care; or
Who was subject to prenatal exposure to abusive
use of alcohol or any controlled drug or
substance not lawfully prescribed by a
practitioner as authorized by statute.
