South Dakota 2023 Regular Session

South Dakota House Bill HB1097

Introduced
1/19/23  

Caption

Revise the definition of an abused or neglected child.

Impact

The impact of HB 1097 on state laws will primarily be seen in its revisions to the definitions within existing child welfare statutes. By broadening the scope of abuse and neglect to include emotional and psychological criteria, the bill seeks to ensure that more cases can be identified and appropriately addressed. This change is particularly significant in the context of mental health and the ways in which children's environments can infringe upon their proper development and safety.

Summary

House Bill 1097 seeks to revise the definition of an abused or neglected child in South Dakota. The bill aims to clarify the situations under which a child can be classified as abused or neglected, expanding the criteria to include a range of potential harms that can affect a child's welfare. Key revisions include specific references to emotional harm or mental injury, and the implications of being exposed to harmful substances, particularly in the context of prenatal exposure. This move reflects a growing recognition of the complexities surrounding child welfare and the various factors that can lead to a child's well-being being compromised.

Contention

Notable points of contention surrounding HB 1097 may revolve around the balancing act between state intervention and family privacy. Critics may argue that the expanded definitions could lead to increased government oversight in cases that might be better resolved without state involvement. Furthermore, advocates for children's rights typically support such legislation but may have differing views on how the definitions are operationalized in practice, especially regarding the assessment of emotional harm and the criteria for determining neglect.

Companion Bills

No companion bills found.

Previously Filed As

SD HB1218

Revise the definition of abused or neglected child to include minors subject to human trafficking.

SD SB1050

Neglected children; definition

SD HB1195

Revise a provision related to the termination of parental rights of a child adjudicated abused or neglected.

SD SB18

Revise the definition of child abuse or neglect

SD HB470

"neglected Child" Definition

SD SB430

"neglected Child" Definition

SD SB2032

DCFS-ABUSED CHILD DEFINITION

SD H7707

Abused And Neglected Children

SD HB1110

Revise a provision related to the appointment of a guardian ad litem or a special advocate to represent an abused or neglected child.

SD HB1369

Children; Children's Code; definitions; heinous and shocking neglect; effective date.

Similar Bills

No similar bills found.