Under South Dakota law, child abuse and neglect include conduct that results in or poses a substantial risk of physical injury, sexual abuse, sexual exploitation, emotional harm, or neglect of a child by a parent, guardian, legal custodian, or other person responsible for the care of the child. A report is required when a reporter has reasonable cause to suspectthat a child under age 18 has been abused or neglected.

(Source: SDCL §§ 26-8A-1 et seq. (definitions and standards).)

South Dakota law lists certain professionals — including religious healing practitioners — as mandatory reportersrequired to make a report if they have reasonable cause to suspect child abuse or neglect. The term “religious healing practitioner” broadly covers individuals who provide spiritual or healing services within a religious context.
However, clergy are not automatically mandated reporters simply by virtue of being clergy; they must fall into a listed category (e.g., counselor, teacher, school official) to be mandated reporters. Privileged communications (e.g., clergy-penitent) may still be protected under South Dakota law, though privilege is not absolute in proceedings involving child abuse and may be waived if voluntarily disclosed.

(Source: SDCL § 26-8A-3; clergy privilege provisions (SDCL § 19-19-505; SDCL § 26-8A-15).)

Mandatory reporters — including religious healing practitioners who meet statutory criteria — must immediately make an oral report when they have reasonable cause to suspect child abuse or neglect. Reports may be made orally by telephone to the State’s Attorney of the county where the child resides or is found, to the South Dakota Department of Social Services (DSS), or to law enforcement officers. The reporter who witnessed the disclosure must be available to answer questions at the time of the initial report.
Failure to report when required is a Class 1 misdemeanor under state law.

(Source: SDCL §§ 26-8A-3, 26-8A-8.)

South Dakota law expressly lists teachers, school counselors, school officials, and school personnel among statutorily defined mandatory reporters. These individuals must report suspected child abuse or neglect when they have reasonable cause to suspect it, regardless of where the information was obtained (e.g., during school activities).

(Source: SDCL § 26-8A-3.)

School personnel — as mandated reporters — must immediately make an oral report by telephone to the State’s Attorney, Department of Social Services, or law enforcement in the county where the child resides or is found if they reasonably suspect child abuse or neglect. The person making the report should be available to answer initial questions. Reports should be made promptly and should not be routed only through internal school chains of command. Failure to make a required report is a Class 1 misdemeanor.

(Source: SDCL §§ 26-8A-3, 26-8A-8. )