No such proceeding
The chapter covering Abuse, Neglect, or Exploitation of Elders or Adults with Disabilities is found in the Title covering crimes. See S.D. Codified Laws § 22-46-1 et seq. No provisions were found in this section of the code containing procedures through which an adult could be compelled to receive protective services. Thus, this development is classified as “No such proceeding.”
Note, however, that the South Dakota Guardianship and Conservatorship Act provides that the Department of Human Services is among the parties who may file a petition seeking guardianship or conservatorship of a disabled adult. See S.D. Codified Laws § 29A-5-305. For more information about the right to counsel in guardianship cases, please see South Dakota, Legislation, Guardianship/Conservatorship of Adults – Protected Person.
