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Drug Endangered Children
General Overview
It’s the Law: HB 1258
Angels in Black -
A child’s vision of hope
Information for Mandatory Reporters
*Tips
for Home Visitors
Signs of Exposure in Children
Growing Up With Meth
Start a DEC Team in 10 Easy Steps
DEC Team Protocols
Dr. Kathryn Well's Papers: "Meth Impact on Children"
DEC Links |
The South Dakota
legislators passed, and Governor Mike Rounds signed, the following bill
into law during the 2005 session.
Chapter 141
(HB 1258)
Abused or neglected child, definition revised.
ENTITLED, An Act to
revise the definition of an abused or
neglected child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE
OF SOUTH DAKOTA:
Section 1.
That
§
26-8A-2
be amended to read as follows:
26-8A-2.
In this chapter and chapter 26-7A, the term,
abused or neglected child, means a child:
(1)
Whose parent, guardian, or custodian has
abandoned the child or has subjected the child to mistreatment or abuse;
(2) Who lacks proper parental care
through the actions or omissions of the child's parent, guardian, or
custodian;
(3) Whose environment is injurious
to the child's welfare;
(4) 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;
(5)
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;
(6)
Who is threatened with substantial harm;
(7)
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;
(8)
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;
(9)
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 chapters 22-42 and 34-20B ; or
(10) Whose parent, guardian, or
custodian knowingly exposes the child to an environment that is being used
for the manufacture, use, or distribution of methamphetamines or any other
unlawfully manufactured controlled drug or substance.
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