The Nursing Home Complaint Guide
Adult Protective Services Guide

Adult Protective Services in South Dakota

“If you suspect a vulnerable adult is being abused or neglected, immediate intervention is not just a moral obligation—it is a pathway to legal restoration.”

Nick Kassatly, Esq.

Reviewed by Nick Kassatly, Esq. · Updated May 28, 2026

Immediate Assistance

Reporting is confidential — Monday through Friday, 8:00 AM to 5:00 PM.

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South Dakota APS Hotline

1-833-663-9673 (Dakota at Home — routes to APS intake)

Division of Long Term Services and Supports, South Dakota Department of Human Services

Connect directly with South Dakota's state-mandated Adult Protective Services for immediate reporting and advocacy.

South Dakota Adult Protective Services (APS) investigates reports of abuse, neglect, and exploitation of elders age 65 and older and adults age 18 and older with qualifying disabilities. Operated by the Division of Long Term Services and Supports within the South Dakota Department of Human Services, APS accepts reports during regular business hours at 1-833-663-9673. For after-hours emergencies, contact local law enforcement or call 911.

How to Report Elder Abuse in South Dakota

South Dakota APS accepts reports primarily by phone during business hours. A paper intake form (the LEAPS Public Intake Form) is also available for written reports. For life-threatening emergencies, contact 911 or local law enforcement immediately.

Report by Phone

Call 1-833-663-9673 to reach South Dakota APS, available Monday through Friday, 8:00 AM to 5:00 PM. A trained intake specialist will gather information about the person you are concerned about and the nature of the suspected abuse, neglect, or exploitation. Reports may be made anonymously. For immediate emergencies outside of business hours, contact your local law enforcement agency or call 911.

Report Online

South Dakota APS does not currently offer a statewide online reporting portal. However, a LEAPS Public Intake Form is available for written reports and can be submitted to the appropriate regional APS office. The form is available at the South Dakota Department of Human Services website. For the most direct and time-sensitive reports, use the phone line at 1-833-663-9673 during business hours.

Emergency Situations

If an elder or adult with a disability is in immediate danger, call 911 or contact local law enforcement — do not wait until business hours to report a life-threatening situation. South Dakota APS coordinates with law enforcement for emergency cases. After the immediate crisis is addressed, follow up by calling APS at 1-833-663-9673 the next business day to ensure an investigation and protective services are initiated.

What Information to Have Ready Before You Call

Having the following information ready when contacting South Dakota APS will help the intake specialist assess the situation and respond appropriately:

  • Full name, age, and current address of the elder or adult with a disability
  • A description of the suspected abuse, neglect, or exploitation — specific incidents, dates, and locations
  • The name and relationship of the alleged abuser (if known)
  • Information about the person's physical or mental condition, disabilities, or limitations
  • Names of other witnesses, family members, or care providers who may have relevant information
  • Your own contact information (optional — reports may be anonymous)

South Dakota law (SDCL 22-46-9) requires mandatory reporters to act when they have reasonable cause to believe abuse has occurred. For all reporters, reasonable suspicion is sufficient — proof is not required.

Types of Elder Abuse APS Investigates in South Dakota

Under SDCL Chapter 22-46, South Dakota APS investigates the following categories of abuse and mistreatment affecting elders and adults with qualifying disabilities:

  • Physical abuse — Intentional infliction of physical injury or pain, unreasonable restraint, or cruel punishment
  • Emotional or psychological abuse — Verbal threats, intimidation, isolation, or conduct causing psychological harm
  • Neglect — Failure by a caregiver to provide essential food, shelter, clothing, or medical care
  • Financial exploitation — Misuse or misappropriation of an elder's or vulnerable adult's money, property, or assets

Note: South Dakota's APS statutes do not include self-neglect as a separately investigated category. If a person is unable to care for themselves and there is no caregiver involved, contact the local Area Agency on Aging or social services for assistance.

Warning Signs of Elder Abuse

Abuse and neglect are often hidden. The following warning signs may indicate that an elder or adult with a disability is being mistreated.

Physical Signs

  • Unexplained bruises, cuts, burns, or injuries — especially in unusual locations or at different stages of healing
  • Evidence of restraint, such as marks on wrists or ankles
  • Weight loss, dehydration, or signs of malnutrition without a medical explanation
  • Untreated medical conditions or poor personal hygiene

Behavioral Signs

  • Withdrawal from activities or social contact
  • Unexplained fearfulness or anxiety — especially around a specific caregiver or family member
  • Sudden changes in mood, confusion, or behavioral patterns
  • Reluctance to speak freely when another person is present

Financial Signs

  • Unexplained bank withdrawals, new credit accounts, or changes to financial accounts
  • Missing personal property, jewelry, or valuables
  • Unpaid bills or utility shutoffs despite adequate income
  • New signatories on financial documents or sudden changes to a will or power of attorney

Who Can (and Must) Report Abuse in South Dakota

Any person in South Dakota who has reasonable cause to believe that an elder or adult with a disability is being abused, neglected, or exploited may make a report to APS. Reports may be made anonymously.

South Dakota law (SDCL 22-46-9) designates mandatory reporters including physicians, dentists, nurses, emergency medical technicians, social workers, health professionals, psychologists, counselors, law enforcement officers, and criminal justice employees. These individuals are legally required to report suspected abuse.

Mandatory reporters who knowingly fail to report face a Class 1 misdemeanor charge under SDCL 22-46-9. Good-faith reporters — mandatory or voluntary — are protected from civil and criminal liability under SDCL 34-12-51. This protection extends to institutions and public officials who make reports in good faith.

What Happens After You Report to APS in South Dakota

After a report is received, South Dakota APS follows a structured process to protect the vulnerable adult.

Step 1 — Intake Screening

APS staff review the report to determine whether the alleged victim meets the eligibility criteria under SDCL 22-46-1 — specifically, whether they are an elder (65+) or an adult with a qualifying disability, and whether the reported conduct constitutes abuse, neglect, or exploitation. Emergency situations are immediately coordinated with local law enforcement.

Step 2 — Response Timeline

South Dakota APS does not publish specific response time tiers in its public materials. Emergency cases — such as those involving immediate physical danger, serious injury, or sexual abuse — are handled with the highest priority, typically with law enforcement involvement. Non-emergency cases are assigned to a caseworker for investigation during regular business hours.

Step 3 — Investigation

An APS caseworker makes in-person contact with the alleged victim to assess their safety, living conditions, and overall well-being. The caseworker may interview family members, caregivers, neighbors, and medical providers. For cases involving criminal conduct, APS coordinates with local law enforcement and, where applicable, the state attorney general's office.

Step 4 — Service Plan and Outcome

When the investigation substantiates abuse or identifies an at-risk vulnerable adult, APS develops a service plan in collaboration with the individual. Available services may include home care, emergency placement, medical referrals, mental health services, and legal referrals. Adults with decision-making capacity retain the right to refuse services. For adults lacking capacity and facing serious risk, APS may pursue a Vulnerable Adult Protection Order through the courts under SDCL Chapter 21-65.

APS vs. Long-Term Care Ombudsman — Who Handles Nursing Home Abuse in South Dakota?

South Dakota APS investigates abuse in community settings — private homes and non-licensed residential environments. For complaints about abuse, neglect, or poor care inside a licensed nursing home, assisted living facility, or other licensed long-term care setting, contact the South Dakota Long-Term Care Ombudsman at 1-605-773-3656 or visit dss.sd.gov.

The Ombudsman is an independent advocate who investigates complaints on behalf of residents of licensed care facilities. Complaints about facility licensing and regulatory compliance can be filed with the South Dakota Department of Health. For a complete guide to the nursing home complaint process in South Dakota.

Additional Resources in South Dakota

For concerns involving a licensed nursing home or care facility in South Dakota, the South Dakota Nursing Home Complaint Guide explains the complaint process and how to contact the Ombudsman and the Department of Health.

Protecting Your Privacy

Reporters may remain anonymous; reports are kept confidential

Good-Faith Immunity

Good-faith reporters, including institutions and public officials, are immune from civil and criminal liability (SDCL 34-12-51)

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APS vs. Long-Term Care Ombudsman

APS investigates abuse of vulnerable adults in community settings. If your loved one lives in a licensed nursing home or assisted living facility, the South Dakota Long-Term Care Ombudsman may be the right contact.

Frequently Asked Questions

Can I report elder abuse anonymously in South Dakota?expand_more
Yes. South Dakota APS accepts anonymous reports by phone at 1-833-663-9673. Reports are kept confidential. Providing your contact information voluntarily allows investigators to follow up if additional details are needed.
What are the hours for South Dakota APS?expand_more
South Dakota APS accepts phone reports Monday through Friday from 8:00 AM to 5:00 PM at 1-833-663-9673. For after-hours emergencies, contact local law enforcement or call 911.
How long does a South Dakota APS investigation take?expand_more
South Dakota APS does not publish specific response time standards publicly. Emergency cases — such as those involving immediate physical danger or sexual abuse — receive the highest priority and typically involve immediate law enforcement coordination. Non-emergency investigations are initiated during regular business hours and are typically completed within 30 to 45 days.
Can APS remove an elderly person from their home in South Dakota?expand_more
South Dakota APS cannot forcibly remove an elder or adult with a disability who has decision-making capacity and refuses services. For adults who lack capacity and face serious risk, South Dakota provides a Vulnerable Adult Protection Order process under SDCL Chapter 21-65, which allows a court to authorize protective action.
What if the person refuses help from South Dakota APS?expand_more
Adults with decision-making capacity have the right to decline services in South Dakota, even when abuse is confirmed. APS will continue to offer assistance and document the situation. If capacity is in question, APS may pursue a Vulnerable Adult Protection Order through the courts.
Is reporting elder abuse mandatory in South Dakota?expand_more
Yes, for designated professionals including physicians, nurses, dentists, EMTs, social workers, psychologists, counselors, law enforcement, and criminal justice employees (SDCL 22-46-9). Mandatory reporters who knowingly fail to report face a Class 1 misdemeanor. Good-faith reporters are protected from civil and criminal liability under SDCL 34-12-51.
What is the difference between APS and the Long-Term Care Ombudsman in South Dakota?expand_more
South Dakota APS handles abuse in community settings such as private homes. The South Dakota Long-Term Care Ombudsman (1-605-773-3656) handles complaints about licensed nursing homes, assisted living facilities, and other licensed care settings.
What information do I need to report in South Dakota?expand_more
Provide the person's name, age, and address; a description of the suspected abuse; the alleged abuser's name and relationship if known; and any relevant health or disability information. Reasonable suspicion is sufficient. Call 1-833-663-9673 Monday through Friday, 8 AM to 5 PM.

Not Sure Where to Start?

Speak with a compassionate advocate who can guide you through the reporting process and help evaluate your family's legal options in South Dakota.

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