The South Dakota Vulnerable Adult Order to Dismiss is a court order issued by a South Dakota court to dismiss a case involving a vulnerable adult who is the subject of an abuse, neglect, or exploitation allegation. This order is intended to protect vulnerable adults by allowing them to be removed from an abusive or neglectful situation without having to go through the court system. There are two types of South Dakota Vulnerable Adult Orders to Dismiss: a Temporary Order to Dismiss and a Permanent Order to Dismiss. The Temporary Order to Dismiss is issued to protect the vulnerable adult from further abuse, neglect, or exploitation while the court investigates the allegation. The Permanent Order to Dismiss is issued if the court finds that the allegation of abuse, neglect, or exploitation was unfounded or insufficient to prove the allegation. Both orders are intended to ensure that the vulnerable adult's best interests are taken into account when determining the outcome of the case.
South Dakota Vulnerable Adult Order to Dismiss
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How to fill out South Dakota Vulnerable Adult Order To Dismiss?
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Physical Abuse - Inflicting, or threatening to inflict, physical pain or injury on a vulnerable elder, or depriving them of a basic need. Emotional Abuse - Inflicting mental pain, anguish, or distress on an elder person through verbal or nonverbal acts. Sexual Abuse - Non-consensual sexual contact of any kind.
Protective orders, also called "restraining orders," require a named individual (typically, those charged with domestic violence or stalking) to stay a specified distance away from a named victim, for a certain amount of time.
Call the central intake line toll-free at 1-855-462-5465, "Press 2". NOTE: The Vulnerable Adult Protective Services intake line is answered weekdays, from 8 a.m. to 5 p.m., Central Time. Please leave a message, including your contact information, if you call after hours.
The law protects vulnerable adults from any abuse, or any willful act or omission of a caregiver or any other person which results in physical injury, mental anguish, unreasonable confinement, sexual abuse or exploitation, or financial exploitation.
Requests to dismiss the order should be made in writing and filed with the Clerk. (The Motion to Dismiss form is also available on online at )
Codified Laws § 22-46-2. Any person who physically abuses or neglects an elder or adult with a disability in a manner which does not constitute aggravated assault is guilty of a Class 6 felony. Any person who emotionally or psychologically abuses an elder or adult with a disability is guilty of a Class 1 misdemeanor.
Elder abuse is an intentional act or failure to act that causes or creates a risk of harm to an older adult. An older adult is someone age 60 or older. The abuse occurs at the hands of a caregiver or a person the elder trusts.