South Dakota § 26-11A-24 - Definition of terms.

§ 26-11A-24. Definition of terms.

Terms used in this chapter mean:

(1)    "Abuse," any act or failure to act by an employee of a juvenile corrections facility or by a contract person or entity providing services to a juvenile corrections facility, which act was performed or was failed to be performed, knowingly, recklessly, or intentionally, and which caused, or may have caused, injury or death to an individual in the custody or care of a juvenile corrections facility;

(2)    "Monitor," the person or entity designated by the Governor to protect the legal rights of individuals in the custody or care of juvenile corrections facilities;

(3)    "Juvenile corrections facility," all juvenile correctional facilities established and maintained in accordance with § 26-11A-1;

(4)    "Individual in the custody or care of a juvenile corrections facility," an individual who:

(a)    Is in the process of being admitted to a juvenile corrections facility, including an individual who is being transported to such a facility; or

(b)    Is involuntarily confined in a juvenile corrections facility;

(5)    "Neglect," a negligent act or omission by any individual responsible for providing custody, care, or services in a juvenile corrections facility which caused or may have caused injury or death to an individual in the care or custody of a juvenile corrections facility or which placed such individual at undue risk of injury or death;

(6)    "Records," reports prepared or received by any staff of a juvenile corrections facility, or reports prepared by an entity or staff person charged with investigating reports of incidents of abuse or neglect, injury or death occurring at such facility that describes incidents of abuse, neglect, injury, or death occurring at such facility and the steps taken to investigate such incident.

Source: SL 2000, ch 128, § 1.