South Dakota Adult Protective Services: How to Report Elder Abuse or Neglect

When to Call Adult Protective Services

If you suspect your aging parent — or any vulnerable adult in South Dakota — is being abused, neglected, or financially exploited, the state has a mandatory reporting system through the Department of Social Services (DSS) Adult Protective Services (APS) program.

You don't need proof. You don't need to be certain. If you suspect abuse or neglect, report the concern rather than waiting for concrete evidence.

Contact South Dakota Adult Protective Services through the current DSS reporting channel.

If the concern is an immediate safety emergency, call 911.

What Counts as Abuse, Neglect, or Exploitation

Common concerns include:

Physical abuse — hitting, slapping, restraining, or any use of physical force that causes injury or pain. This includes a home care aide being rough during transfers, or any caregiver using physical discipline.

Neglect — failing to provide food, shelter, medical care, or hygiene assistance that a dependent adult needs. Self-neglect also falls here: if your parent is refusing care and their health is deteriorating dangerously, APS can intervene.

Financial exploitation — unauthorized use of a vulnerable adult's funds, property, or resources. This ranges from a caregiver stealing cash to a family member pressuring a parent with dementia into signing over property or changing beneficiary designations.

Emotional abuse — intimidation, isolation, threats, or verbal degradation. This is harder to document but no less reportable.

Sexual abuse — any non-consensual sexual contact with a vulnerable adult, including situations where the adult lacks the cognitive capacity to consent.

What Happens After You File a Report

Once APS receives a report, it reviews the information and determines whether further action or referral is appropriate:

1. Screening: APS evaluates whether the report meets the threshold for further action. Not every report triggers a full investigation — some are referred to other agencies or closed at screening if the facts don't suggest a vulnerable adult at risk.

2. Investigation: If screened in, a caseworker may interview the alleged victim, the reporter (if known), witnesses, and the alleged perpetrator. They may visit the home and assess the adult's safety, living conditions, and capacity.

3. Finding or referral: APS may issue a finding, establish protections, or refer the matter to another agency, including law enforcement when appropriate.

4. Safety plan: APS may work with the vulnerable adult (and their legal representative, if they have one) to establish protections — which can range from changing caregivers to emergency guardianship proceedings.

Mandatory Reporters vs. Anyone

Certain professionals, including healthcare and long-term-care workers, may have mandatory-reporting duties under South Dakota law.

But the law explicitly allows — and encourages — anyone to file a report. You do not need to be a mandated professional. Family members, neighbors, bank tellers who notice unusual withdrawals, postal carriers who notice piled-up mail — all can and should call the hotline.

Reports can be made anonymously, though providing your contact information allows APS to follow up if they need clarification.

When It's a Home Care Agency Problem

If the concern involves a caregiver employed by a licensed home care agency, there are two parallel tracks:

• APS investigates harm to the individual
• The South Dakota Department of Health (DOH) investigates whether the agency violated licensing regulations

You can file complaints about licensed home health agencies through the DOH Office of Licensure and Certification. Deficiency findings become part of the agency's public record and are searchable through the state health facility survey database.

If your parent is receiving care through the HOPE Waiver, also notify the LTSS Specialist assigned to their case. Ask whether the care plan or provider should change while the report is reviewed.

Protecting Your Parent During the Process

An APS investigation doesn't automatically remove a caregiver or change a living situation. If you believe your parent is in immediate danger, call 911 first, then APS.

For non-emergency situations where you want to proactively protect your parent:

• Ensure a durable power of attorney is in place so you can manage finances and block unauthorized transactions
• Request a new caregiver assignment from the home care agency
• Set up account alerts at your parent's bank to flag unusual withdrawals
• If your parent has dementia and a caregiver is the suspected abuser, do not confront the caregiver directly — this often leads to retaliation or evidence destruction

For families navigating the full spectrum of home care coordination — from setting up legal authority to managing the Medicaid application — the South Dakota Home Care Navigator includes contacts, checklists, and escalation procedures for situations that go wrong.

See more South Dakota guides →