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S.D. Codified Laws 22-46-9 & 22-46-10 - Mandatory Reporting of Abuse or Neglect of Elders or Disabled Adults

South DakotastatuteSouth Dakota Department of Social Services (reports also to state's attorney or law enforcement)

What this rule requires your agency to do

  • 1The provider (mandated reporter) must, within 24 hours of knowing or having reasonable cause to suspect that an elder or disabled adult has been or is being abused or neglected, report that knowledge or suspicion orally or in writing. (SDCL 22-46-9)(S.D. Codified Laws 22-46-9 & 22-46-10 - Mandatory Reporting of Abuse or Neglect of Elders or Disabled Adults)
  • 2The provider must ensure covered staff — including residential caregivers, homemaker service providers, and community support provider staff serving elderly or disabled adults — who know or reasonably suspect abuse or neglect notify the person in charge of the institution or entity within 24 hours. (SDCL 22-46-10)(S.D. Codified Laws 22-46-9 & 22-46-10 - Mandatory Reporting of Abuse or Neglect of Elders or Disabled Adults)
  • 3The agency and its personnel must not knowingly fail to make the required report, as such failure constitutes a Class 1 misdemeanor. (SDCL 22-46-9; SDCL 22-46-10)(S.D. Codified Laws 22-46-9 & 22-46-10 - Mandatory Reporting of Abuse or Neglect of Elders or Disabled Adults)
  • 4The person in charge of the facility or entity must then make the report as required under SDCL 22-46-9 upon being notified by staff. (SDCL 22-46-10)(S.D. Codified Laws 22-46-9 & 22-46-10 - Mandatory Reporting of Abuse or Neglect of Elders or Disabled Adults)
  • 5The provider must direct such reports to the state's attorney of the county, the Department of Social Services, or a law enforcement officer. (SDCL 22-46-9)(S.D. Codified Laws 22-46-9 & 22-46-10 - Mandatory Reporting of Abuse or Neglect of Elders or Disabled Adults)

Applies to: home care, personal care, HCBS, residential caregivers, homemaker service providers, community support providers serving elderly or disabled adults

South Dakota imposes a mandatory duty on health care professionals, social workers, and — critically for home-care — residential caregivers, homemaker service providers, and community support provider staff to report known or reasonably suspected abuse or neglect of an elder or disabled adult within 24 hours. Mandated reporters under 22-46-9 report directly to the state's attorney, Department of Social Services, or law enforcement; staff and caregivers under 22-46-10 notify the person in charge, who then reports under 22-46-9. Knowing failure to report is a Class 1 misdemeanor.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.