The monitor designated as provided in § 26-6-51 shall:

(1) Investigate and resolve complaints related to the quality of care provided to youth placed in the custody or care of a facility, center, or program as provided in § 26-6-51 ;

Terms Used In South Dakota Codified Laws 26-6-52

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) Access any youth in the custody or care of a facility, center, or program as provided in § 26-6-51 and any person in the employ of a facility, center, or program as provided in § 26-6-51 ;

(3) Access any records of or relating to any youth in the custody or care of a facility, center, or program as provided in § 26-6-51 ;

(4) Provide an annual report to the secretary of the Department of Social Services that reflects the number of referrals to the monitor, the number of investigations completed, and a summary of other activities performed by the monitor;

(5) Provide an annual report to the Government Operations and Audit Committee created in § 2-6-2 that, in addition to the information stipulated in subdivision (4), includes a confidential addendum. Notwithstanding the provisions of §§ 26-6-54 and 26-6-57, the confidential addendum shall contain a description of each investigation, the specific findings and recommendations of the monitor, and the response of the Department of Social Services to the recommendations;

(6) Provide reasonable notification of the existence and role of the monitor to any youth in the custody or care of a facility, center, or program as provided in § 26-6-51 , and to the youth’s custodial parent or guardian; and

(7) Provide recommendations for corrective action to address any complaint received related to the quality of care provided to the youth.

Source: SL 2020, ch 107, § 3.