2016 South Dakota Codified Laws
Title 19 - EVIDENCE
Chapter 19 - South Dakota Rules of Evidence
§ 19-19-508.1 Elementary or secondary school counselor and student--Exceptions.
19-19-508.1. Elementary or secondary school counselor and student--Exceptions. No counselor or school psychologist, certificated in accordance with the certification regulations of the South Dakota Board of Education and regularly employed as counselor or school psychologist for a private or public elementary or secondary school or school system in the State of South Dakota, may divulge to any other person, or be examined concerning any information or communication given to the counselor or school psychologist in the counselor's or school psychologist's official capacity by a student unless:
(1) This privilege is waived in writing by the student; or
(2) The information or communication was made to the counselor or school psychologist for the express purpose of being communicated or of being made public; or
(3) The counselor or school psychologist has reason to suspect, as a result of that information or communication, that the student or some other persons have been subjected to child abuse or that the student's physical or mental health or the physical or mental health of other persons may be in jeopardy.
Source: SL 1972, ch 131; SL 1974, ch 161; SDCL Supp, § 19-2-5.1; SL 1998, ch 122, § 1; SDCL § 19-13-21.1.
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