A person who possesses a video recording created in accordance with this chapter shall, upon the facility’s written request, provide a copy of the recording to the facility if:

(1) An allegation of neglect, abuse, or other misconduct has been filed against the facility in a civil, criminal, or administrative action; and

Terms Used In South Dakota Codified Laws 34-12I-14

  • Allegation: something that someone says happened.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

(2) The recording contains evidence pertinent to the alleged neglect, abuse, or other misconduct.

The facility shall reimburse the person for any reasonable costs incurred in providing the video recording.

Source: SL 2020, ch 152, § 14.

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