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

Coaches of school activities must now report suspected child abuse or neglect to authorities, joining other professionals like teachers, counselors, and law enforcement on South Dakota's mandatory reporting list. Coaches who knowingly fail to make this report face criminal charges as a Class 1 misdemeanor.

revise the list of mandatory reporters of suspected child abuse or neglect.

HB1216 adds people in "safety-sensitive positions" (as defined elsewhere in state law) to the list of professionals who must report suspected child abuse or neglect to authorities. The bill also clarifies that certain confidentiality protections cannot be used as an excuse to avoid reporting child abuse, making it easier for mandatory reporters to share information with authorities when they suspect a child is being harmed.

create requirements for age verification and parental consent for application stores and to provide a penalty therefor.

HB 1275 requires app stores to verify users' ages and obtain parental consent before allowing minors to download applications, adding these requirements to South Dakota's existing consumer protection law. Businesses that fail to comply with these age verification and parental consent requirements would face penalties as deceptive business practices. The bill strengthens protections for minors by making it illegal for app store operators to knowingly distribute apps to children without proper age checks and parental approval.

revise requirements pertaining to the minimum age for marriage.

South Dakota's new marriage law raises the minimum age requirement to 18 years old for all marriages, unless a minor at least 16 years old obtains a court order or parental consent. When minors marry, the law now requires a court hearing where a judge determines the marriage is voluntary and in the minor's best interest, and it prohibits marriages where the age difference between partners exceeds four years.

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

HB1067 changes South Dakota custody law to presume that joint physical custody is in a child's best interest when parents dispute custody, unless the court finds evidence to the contrary based on specific factors. The bill defines joint physical custody as a roughly equal division of time between parents and allows either parent to request this arrangement, shifting the legal starting point away from the court having to decide on a case-by-case basis.

require age verification before an individual may access an application from an online application store, publicly available website, electronic service, or other online platform.

South Dakota would require app stores and online platforms to verify a user's age before allowing access to applications, and to get parental consent for anyone under 16. The law applies to app manufacturers (like Apple or Google) and developers, who must take reasonable steps to determine age and obtain guardian permission before children can download apps.

restrict the processing of online personal data of individuals sixteen years of age or younger.

HB 1309 creates new state law to protect children 16 and younger by restricting how websites, apps, and online services can collect and use their personal information like names, addresses, email, phone numbers, and social security numbers. The law applies to companies that know a user is a minor or that target their services to minors, requiring them to limit how they process children's data online.

add licensed and registered child care programs to the definition of community safety zone.

South Dakota law currently defines "community safety zones" as 500-foot areas around certain facilities to restrict where sex offenders can live, including day care centers and family day cares. This bill adds licensed and registered child care programs to that list of protected facilities, expanding the locations where sex offenders are prohibited from establishing residences. The change strengthens protections for children in organized child care settings by treating these programs the same as existing day care facilities under state sex offender residency restrictions.

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

South Dakota courts will now presume that joint physical custody (roughly equal time with each parent) is in a child's best interest during custody disputes, unless the other parent provides evidence otherwise. The bill defines joint physical custody as a roughly equal division of time between parents and removes an old statute that previously created the opposite presumption. A judge can still reject joint custody if evidence shows it wouldn't serve the child's best interests based on statutory factors.

amend provisions pertaining to the required criminal background investigation of certain school employees.

South Dakota schools must now conduct criminal background investigations on all employees over 18 through fingerprint checks with state and federal authorities before they start work, though schools can allow temporary employment while waiting for results. Schools can withdraw job offers or fire temporary employees if the background check reveals disqualifying criminal records, and schools may cover the costs of fingerprinting and investigations. The bill also clarifies that people officiating school events and technical college instructors are either exempt from or included in these background check requirements, respectively.

prohibit a video streaming service from transmitting certain advertising during children's programming and provide a penalty therefor.

This bill prohibits video streaming services (like Netflix or Disney+) from showing advertisements about abortion, alcohol, drugs, gambling, gender transition, or nicotine during children's programming rated for viewers under 14. The law applies only to streaming services and excludes traditional broadcast television, cable, and satellite providers. Violations would result in penalties under South Dakota law.

establish a pilot program to provide benefits for menstrual hygiene products and diapers for individuals who receive temporary assistance for needy families, and to make an appropriation therefor.

South Dakota would create a new pilot program that gives extra monthly cash benefits to people receiving temporary assistance for needy families: $14 per month for eligible individuals ages 18-50 who menstruate, and $30 per month per child under age 3 for diapers. The benefits would be added to participants' existing electronic benefits cards and can only be used to purchase menstrual hygiene products (like tampons and pads) or diapers.

regulate the use of chatbots by minors.

South Dakota would create new regulations requiring companies that operate chatbots and AI companions designed to seem human-like to verify users are at least 18 years old before allowing minors to access them. The law defines these regulated AI tools and establishes age verification requirements using government-issued photo identification with birth dates.

codify the rights of a parent.

SB 190 creates a new law that establishes parental rights as a fundamental protection, preventing state agencies and local governments from restricting parents' ability to direct their children's upbringing, education, health care, and moral or religious training unless the government can prove it has a compelling reason to do so. The bill specifically lists parental rights including decisions about health care, access to medical and school records, choice of education, religious excuses from school, and participation in school organizations.

revise and repeal provisions allowing probation for contempt of a custody or visitation decree.

South Dakota is removing a legal exception that previously allowed people accused of violating custody or visitation orders to receive probation instead of facing contempt charges. The bill eliminates two sections of law (§ 25-4A-6 and § 25-4A-7) that created this probation option, making violations of custody and visitation decrees subject to stricter penalties without the possibility of probation as an alternative.

establish policies and procedures for the use of solitary confinement in a juvenile facility.

This bill creates new rules to limit when solitary confinement can be used on juveniles in South Dakota detention and correctional facilities—it can only be used as a temporary response when a youth poses an immediate physical danger to themselves or others, and it prohibits use for punishment, discipline, administrative convenience, or retaliation. A facility director or supervisor must immediately review and approve every instance of solitary confinement, and staff must try less restrictive alternatives before resorting to isolation.

make an appropriation for increasing the benefit amounts of the temporary assistance for needy families program, and to declare an emergency.

South Dakota is appropriating $6.8 million to increase payments to low-income families receiving temporary assistance, maintaining benefit levels at the amounts paid during fiscal year 2025 through July 1, 2027. The bill declares an emergency so these increased benefits take effect immediately rather than waiting for the standard effective date. This addresses a gap where benefits might otherwise decrease by ensuring families continue receiving the same financial support they got in the prior fiscal year.

revise certain provisions related to child support.

HB 1045 updates South Dakota's child support rules to establish a minimum income threshold for calculating support obligations and clarifies when judges can deviate from standard support amounts. The bill presumes parents can earn at least the state minimum wage for 1,820 hours annually, adds protections against excessive support orders (presuming hardship if support exceeds 50% of monthly income), and expands factors judges must consider when departing from standard guidelines, such as a subsequent spouse's income or a parent's voluntary unemployment.

make an appropriation for providing a grant to a nonprofit that delivers diversion programming.

South Dakota will give a $2 million grant to a nonprofit organization in Sioux Falls that runs youth diversion programs aimed at keeping kids out of the criminal justice system. The nonprofit must use the money to run an annual week-long summer camp for sixth graders identified by school police, along with three follow-up family events each year, with participation from local law enforcement—and this program must continue for ten years starting in 2026. The nonprofit must report annually on how well the program is working to prevent youth crime.

prohibit the sale of delta-9 tetrahydrocannabinol products to individuals under the age of twenty-one.

South Dakota law currently prohibits selling cannabis products containing delta-8, delta-9, THC-O, and hexahydrocannabinol to anyone under 21, and this bill makes no changes to that prohibition. The bill does clarify that parents and guardians are allowed to purchase or give these products to their own children under 21, creating a narrow exception to the ban. Violations remain a Class 2 misdemeanor.

repeal provisions related to the shared parenting child support cross credit.

This bill eliminates the "cross credit" mechanism that previously allowed courts to credit child support payments between parents when both had custody obligations to each other. The changes simplify child support calculations by removing one section of law entirely and adjusting how courts handle shared parenting situations, though the basic framework allowing reduced child support when a child spends significant time with the non-custodial parent remains in place.

authorize the possession and self-administration of diabetes medications by a student on school property and at school-related events and activities.

This bill allows students diagnosed with diabetes to carry and use their insulin and diabetes medications on school property and at school events without needing special permission from school officials, as long as their parents provide written authorization and release the school from liability. The change expands existing rules that previously only allowed students to self-administer asthma inhalers and epinephrine auto-injectors to now include diabetes medications and related supplies.

revise provisions related to Division of Criminal Investigation cooperation with Indian tribes.

This bill expands the types of tribal positions for which the Division of Criminal Investigation can provide national criminal history background checks when Indian tribes request them, adding new categories like tribal conservation officers, gaming licensees, and foster parents or prospective adoptive parents. The bill also clarifies that tribes (or applicants themselves, if the tribe requires it) must pay all fees associated with these background checks conducted by state and federal agencies.

protect financial institutions taking action to prevent the financial exploitation of consenting, senior, or vulnerable adults.

This bill protects banks, credit unions, and other financial institutions from lawsuits when they take reasonable steps to prevent financial exploitation of seniors and vulnerable adults. Financial institutions can now respond to concerns about suspicious account activity—including stopping suspicious withdrawals or transfers—without fear of legal liability if they act in good faith to stop fraud, theft, or abuse of power of attorney.

revise the factors for considering deviation from the child support obligation schedule.

South Dakota law on child support now includes seven specific factors a judge can consider when deciding whether to adjust child support payments away from the standard amount, including a new factor about federal income tax consequences of claiming the child as a dependent. The bill also clarifies that if total child support obligations exceed 50% of the paying parent's monthly income, there's a presumption of financial hardship that can be challenged with other evidence.

authorize a comprehensive study of juvenile correctional and residential facilities, to make an appropriation therefor, and to declare an emergency.

South Dakota's Department of Corrections will study juvenile correctional and residential facilities in other states to identify best practices in areas like rehabilitation programs, mental health services, and staff-to-youth ratios. The state is appropriating $50,000 for the study, which must include on-site visits to at least three out-of-state facilities and a report back to lawmakers by September 1, 2026.

create the Developmental Disability Service Delivery Committee.

South Dakota is creating a new nine-member Developmental Disability Service Delivery Committee to review and improve the state's Medicaid waiver programs that provide home and community services to people with intellectual and developmental disabilities. The committee will examine how providers are reviewed and accredited, gather feedback from people with disabilities and their families, and recommend changes to make the system more efficient and less burdensome for service providers. This is a new committee with no changes to existing law—it establishes a formal way to evaluate and improve disability services going forward.