Search Bills

add dental hygienists to the list of mandatory reporters of child abuse or neglect.

Dental hygienists will be added to South Dakota's list of professionals required by law to report suspected child abuse or neglect to authorities. This expands the group of healthcare workers who have a legal duty to report these cases, helping ensure more children receive protection and investigation when abuse or neglect is suspected.

rescind the statute of limitations for any civil cause of action arising out of childhood sexual abuse.

HB 1178 eliminates the time limit for filing civil lawsuits related to childhood sexual abuse, allowing survivors to sue at any point in their lives regardless of how long ago the abuse occurred. This removes existing deadline restrictions that previously prevented survivors from bringing legal cases after a certain number of years had passed.

authorize the revival of certain civil claims.

This bill creates a one-time opportunity for people who were sexually abused as children to file lawsuits for damages even if the normal deadline has passed, but only if they file by July 1, 2023. The bill also clarifies that adult survivors under age 40 can sue anyone involved in the abuse, while those 40 and older can only sue the person who actually committed the abuse. After July 1, 2023, the special revival window closes and the normal time limits apply again.

require certain products contain digital blocking capability, establish a deactivation fee, and establish the human trafficking and child exploitation prevention fund.

This bill requires manufacturers and sellers of internet-connected products to include digital blocking software that can filter out obscene material and nonconsensual pornography, and establishes a fee that distributors can charge consumers to deactivate this blocking feature. The bill also creates a new "Human Trafficking and Child Exploitation Prevention Fund" to support efforts against these crimes. These are new requirements in South Dakota law designed to protect consumers, particularly children, from accessing harmful online content.

provide for participation in a parent education program upon filing for divorce.

HB1241 requires parents filing for divorce in South Dakota to participate in a court-approved parent education program. The program is designed to help divorcing parents understand how to minimize conflict and support their children's well-being during the separation process.

provide a penalty for sexual contact with a minor by a person holding a position of authority.

This bill creates a new crime in South Dakota targeting adults in positions of authority—such as teachers, coaches, clergy, or healthcare providers—who engage in sexual contact with minors under 18. An adult at least 18 years old and two years older than the victim commits a Class 3 felony if they have interacted with the minor in any authority role (even briefly) within the past 120 days and knowingly have sexual contact with them. The law also extends the statute of limitations, allowing prosecutors to bring charges until the victim turns 25 or within seven years of the crime, whichever is longer.

establish the crime of possession, manufacturing, or distribution of obscene dolls.

South Dakota would make it a felony to create, allow the creation of, or distribute child-like sex dolls—dolls designed to resemble minors and intended for sexual use. A first offense would be a Class 4 felony, but a second offense within 15 years would increase to a Class 3 felony. This creates a new crime in state law aimed at restricting these specific items.

include a child's legal parents and guardians in the list of parties who may receive information related to reports of the child's abuse or neglect.

SB 5 expands who can receive information about child abuse or neglect reports by adding a child's legal parents and guardians to the list of parties with access to that information. This change ensures that parents and guardians are included in notifications about reports involving their children, rather than being excluded from that information.

limit the time children in need of supervision are held in detention under certain circumstances.

This bill limits how long law enforcement can hold children classified as "in need of supervision" in detention facilities to 24 hours (not counting weekends and court holidays) when parents or guardians aren't available or suitable to care for them. Currently, the law allows indefinite detention under these circumstances, so this change establishes a clear time limit to move children into appropriate shelter or placement more quickly. The bill applies only when specific conditions exist, such as the child failing to comply with court orders, being a runaway, or having a history of running away from home or placements.

provide a rebuttable presumption in favor of joint physical custody of a minor child.

This bill changes South Dakota's custody law to presume that equal or nearly equal time with each parent is in a child's best interest when parents dispute custody—unless the court finds substantial evidence to the contrary based on specific factors like abuse or domestic violence. The bill still allows courts to override this presumption if one parent has a conviction for domestic abuse or assault, which creates a counter-presumption against joint custody in those cases. Essentially, courts must now start from the position that shared custody is best, rather than deciding custody on a case-by-case basis without this presumption.

revise certain definitions for sex offender registry.

This bill clarifies definitions used in South Dakota's sex offender registry laws, specifying what counts as a "community safety zone" (areas within 500 feet of schools, parks, playgrounds, and pools), what "loiter" means (remaining in an area to observe or contact minors), which types of schools are covered, and how "residence" is defined for registry purposes. These definitions establish the boundaries and terms that sex offenders must follow under state registration requirements.

authorize the provision of informed consent by a pregnant minor.

HB 1220 allows pregnant minors to provide informed consent for medical decisions themselves, rather than requiring parental consent. This change amends the existing law on informed consent (§35-4-10.2) to recognize pregnant teenagers as able to make their own healthcare choices during pregnancy. The bill treats pregnant minors as having the legal authority to consent to their own medical care related to their pregnancy.

revise certain provisions related to the training curricula required of a person appointed as a guardian or a conservator.

HB 1261 updates the training requirements that people must complete before being appointed as a guardian or conservator in South Dakota. The bill revises what topics and skills these guardians and conservators need to learn in their required training courses.

provide for the release of adult abuse case information to certain parties to assist in the provision of adult protective services.

SB 31 allows adult protective services agencies and certain other parties to access confidential information from adult abuse cases to help them provide protective services to vulnerable adults. This change removes confidentiality barriers that previously prevented the sharing of case details needed to actually help abuse victims get the support and protection they need.

revise the requirement for written findings of fact and conclusions in certain judicial proceedings involving a child.

HB 1068 changes the rules for when judges must write down their findings of fact and conclusions in court cases involving children. The bill revises these written documentation requirements, though the specific details of what gets added, removed, or changed are not fully shown in this excerpt. This affects how judges handle child-related legal proceedings like custody, abuse, or neglect cases.