Here Are The Mandatory Reporting Laws In South Dakota

South Dakota

(1) Does the state require everyone to report child abuse, including sex abuse?  No.

(2) Does the law require coaches to report child abuse? Not explicitly. Teachers, school counselors, and school officials are required to report, so if coaches are also teachers, they would have to report under that job description. Teachers are defined as “any person substantially performing the respective duties of any such position in a public or private school, whether accredited or unaccredited” and to any person providing home schooling services. That definition probably covers coaches working or volunteering for schools, but not coaches working or volunteering outside of schools.

(3) Does the law require college staff to report child abuse? Not explicitly. The state’s definition of a “teacher” or of a “school official,” discussed above, does not explicitly name higher education staff. Instead, it hinges largely on education and licensing requirements for K-12 education. Arguably, then, the mandatory reporting law does not cover college staff.

(4) Does the law allow jail time for those who fail to properly report abuse? Yes; the penalty is a Class 1 Misdemeanor, which is punishable by up to a year in jail and a fine of up to $2,000.

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