S.D. Codified Laws § 26-6-20.1 — SD Code / Title 26 / Chapter 6 / Section 26-6-20.1
Definition of terms
Status: in_force

Terms used in §§ 26-6-20.1 to 26-6-20.10 , inclusive, unless the context otherwise requires mean:

(1) "Group homes or care centers," facilities licensed pursuant to the provisions of subdivision 26-6-14(1).

(2) "Residents," persons committed or cared for in any home, center, or other facility which is subject to the provisions of §§ 26-6-20.1 to 26-6-20.10 , inclusive.

Source: SL 1977, ch 279, § 1.
S.D. Codified Laws § 26-11A-16 — SD Code / Title 26 / Chapter 11A / Section 26-11A-16
Finding of violation or frustration of purpose--Continuance of aftercare
Status: in_force

If the member of the Board of Pardons and Paroles is satisfied that the terms and conditions of aftercare have been violated or that the purposes and objects of aftercare are not being served:

(1) The juvenile's aftercare supervision may be revoked and the juvenile may be placed in a program or service authorized in § 26-11A-9 ; or

(2) The juvenile may be released to continue aftercare supervision with or without changing the terms and conditions of the juvenile's aftercare supervision.

If the member of the board is not satisfied that the terms and conditions of aftercare have been violated or that the purposes and objects of aftercare are not being served the member of the board shall release the juvenile to continue aftercare supervision.

Source: SL 1996, ch 172, § 66.
S.D. Codified Laws § 26-6-21 — SD Code / Title 26 / Chapter 6 / Section 26-6-21
Placement of children for adoption--Consent by agency to adoption
Status: in_force

Any licensed child welfare agency may place children in family homes for care or for adoption if authorized to do so in the license issued by the Department of Social Services. Whenever a child welfare agency licensed to place children for adoption shall have been given the permanent care, custody, and guardianship of any child and the rights of the parent or parents of such child shall have been terminated by order of a court of competent jurisdiction, the child welfare agency may consent to the adoption of such child pursuant to the statutes regulating adoption proceedings.

Source: SL 1939, ch 168, § 7; SDC Supp 1960, § 55.3712.
S.D. Codified Laws § 26-7A-116 — SD Code / Title 26 / Chapter 7A / Section 26-7A-116
Distribution of copies of order sealing records--Inspection of sealed records
Status: in_force

If the court orders the sealing of the records and files pursuant to § 26-7A-113 , 26-7A-114 , or 26-7A-115 , copies of the sealing order shall be sent to each agency or official named in the order. Subsequent inspection of the sealed records may thereafter be permitted by the court only on petition by the child who is the subject of the record, the state's attorney, or court services officers. The court may permit inspection of the sealed records and files for use by the court in other actions or proceedings under this chapter or chapter 26-8C and for subsequent criminal proceedings for sentencing purposes. Nothing in this chapter prohibits the custodian of records or files from inspecting or accessing the custodian's records or files as may be necessary for the discharge of the custodian's official duties in the absence of an order from the court.

Source: SL 1991, ch 217, § 109E; SL 2006, ch 143, § 1.
S.D. Codified Laws § 26-8A-13 — SD Code / Title 26 / Chapter 8A / Section 26-8A-13
Confidentiality of abuse or neglect information--Violation as misdemeanor--Release to certain parties
Status: in_force

All investigative case records and files relating to reports of child abuse or neglect are confidential, and no disclosure of any such records, files, or other information may be made except as authorized in chapter 26-7A or this chapter. Any person who knowingly violates the confidential nature of the records, files, or information is guilty of a Class 1 misdemeanor. The Department of Social Services may release records, files, or other information to the following parties upon receipt of a request showing that it is necessary for the parties to have such information in the performance of official functions relating to child abuse or neglect:

(1) The attorney general, the state's attorneys, law enforcement agencies, protective services workers, and judges of the courts investigating reports of known or suspected child abuse or neglect;

(2) The attorney or guardian ad litem of the child who is the subject of the information;

(3) Public officials or their authorized representatives who require the information in connection with the discharge of official duties;

(4) Institutions and agencies that have legal responsibility or authorization to care for, treat, or supervise a child who is the subject of the information or report;

(5) A parent or guardian of the child who is the subject of the information or report;

(6) A foster parent, kinship provider, or prospective adoptive parent who is or may be caring for a child in the custody of the Department of Social Services who is the subject of the information or report;

(7) A state, regional, or national registry of child abuse and neglect cases and courts of record of other states;

(8) A validly appointed and registered child protection team under § 26-8A-17 ;

(9) A physician caring for a child who is suspected or found to be abused or neglected;

(10) State hearing examiners and any person, or the legal representative of any person, who is the subject of the report for purposes directly related to review under § 26-8A-11 ; and

(11) A person eligible to submit an adoptive home study report under § 25-6-9.1 or 26-4-15 . However, the information may only be released for the purpose of screening applicants.

Information received by an authorized receiving party shall be held confidential by the receiving party. However, the court may order the release of the information or any portion of it necessary for determination of an issue before the court.

Upon written request, the Department of Social Services shall release findings or information regarding the abuse or neglect of a child that resulted in a fatality or near fatality of the child unless the release of the findings or information would jeopardize a pending criminal investigation or proceeding. The findings or information to be released shall relate to the acts of child abuse or neglect that caused the fatality or near fatality of the child. However, the identity of the child may never be released. For the purpose of this chapter, near fatality means an act that, as certified by a physician, placed the child in serious or critical condition.

Source: SL 1975, ch 179, § 6; SL 1980, ch 193, § 3; SL 1991, ch 217, § 121B; SDCL § 26-10-12.3 ; SL 1992, ch 188; SL 1993, ch 204; SL 1994, ch 205; SL 1995, ch 147, § 2; SL 1998, ch 160, § 1; SL 1999, ch 134, § 1; SL 2007, ch 165, § 1; SL 2009, ch 136, § 1; SL 2021, ch 119, § 1.
S.D. Codified Laws § 26-5B-209 — SD Code / Title 26 / Chapter 5B / Section 26-5B-209
Information to be submitted to court
Status: in_force

(a) In a child-custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:

(1) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child-custody determination, if any;

(2) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and

(3) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.

(b) If the information required by subsection (a) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.

(c) If the declaration as to any of the items described in subsection (a) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.

(d) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.

(e) If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice.

Source: SL 2005, ch 137, § 21.
S.D. Codified Laws § 26-8A-17 — SD Code / Title 26 / Chapter 8A / Section 26-8A-17
Child protection teams
Status: in_force

The secretary of social services may appoint child protection teams to assist in the prevention and treatment of child abuse and neglect. A child protection team may include licensed or certified medical and health professionals, the court services officer recommended by the presiding judge of a judicial circuit in which the team is to operate, the secretaries of social services and health or their designees, a representative of a mental health center, a representative of a public school district in which the team is to operate, an attorney, a foster parent, and one or more representatives of the public. The Department of Social Services shall maintain a record of the membership of each child protection team.

Source: SL 1980, ch 193, § 1; SL 1989, ch 234; SL 1991, ch 217, § 125B; SDCL Supp, § 26-10-16 .
S.D. Codified Laws § 26-11A-21 — SD Code / Title 26 / Chapter 11A / Section 26-11A-21
Restoration of juvenile to custody of parent or guardian--Appointment of new guardian
Status: in_force

Upon discharge of a juvenile from the Department of Corrections, the child shall be restored to the custody of either or both of the juvenile's parents or restored to the guardian at the time of disposition. The Department of Corrections may, upon a proper showing, apply to the court for the appointment of a new guardian at the time of discharge from the department.

Source: SL 1996, ch 172, § 74.
S.D. Codified Laws § 26-11A-23 — SD Code / Title 26 / Chapter 11A / Section 26-11A-23
Use of restraints prohibited--Exceptions--"Restraints" defined
Status: in_force

No agent or employee of the Department of Corrections may use or employ restraints upon a juvenile committed to the Department of Corrections except:

(1) To prevent imminent bodily harm;

(2) As a precaution against escape or to prevent an escape;

(3) To prevent imminent property damages; or

(4) When reasonable under emergency circumstances.

For purposes of this section, restraints are handcuffs, legcuffs, restraint belts, and tethers made of fabric, metal, plastic, or leather; restraint boards, restraint chairs, swaddle beds, and mechanisms to secure cuffs to a bed, restraint board, or chair.

Source: SL 2000, ch 127, § 1.
S.D. Codified Laws § 26-5B-309 — SD Code / Title 26 / Chapter 5B / Section 26-5B-309
Service of petition and order
Status: in_force

Except as otherwise provided in § 26-5B-311 , the petition and order must be served, by any method authorized by the state statute, upon respondent and any person who has physical custody of the child.

Source: SL 2005, ch 137, § 31.
S.D. Codified Laws § 26-6-38 — SD Code / Title 26 / Chapter 6 / Section 26-6-38
Child-placement agency not required to provide service that conflicts with sincere written religious policy
Status: in_force

No child-placement agency may be required to provide any service that conflicts with, or provide any service under circumstances that conflict with any sincerely-held religious belief or moral conviction of the child-placement agency that shall be contained in a written policy, statement of faith, or other document adhered to by a child-placement agency.

If a child-placement agency declines to provide any services, the child-placement agency shall provide in writing information advising the applicant of the Department of Social Services website and a list of licensed child-placement agencies with contact information.

Source: SL 2017, ch 114, § 3.
S.D. Codified Laws § 26-8A-11 — SD Code / Title 26 / Chapter 8A / Section 26-8A-11
Request to amend or remove record--Administrative hearing--Decision
Status: in_force

Within thirty days after the Department of Social Services notifies any person that he or she will be placed on the central registry for child abuse and neglect based upon a substantiated investigation, the person may request an administrative hearing. The administrative hearing is limited to determining whether the record should be amended or removed on the grounds that it is inaccurate. The request shall be made in writing and directed to the person designated by the department in the notice. However, if there has been a court finding of child abuse or neglect, the record's accuracy is conclusively presumed and the person has no right to an administrative hearing. In the hearing, the burden of proving the accuracy of the record is on the department. The hearing examiner may order the amendment or removal of the record. The decision of the hearing examiner shall be made in writing within ninety days after the date of receipt of the request for a hearing and shall state the reasons upon which it is based. Decisions of the department under this section are administrative decisions subject to judicial review under chapter 1-26 . In any case where there has been no substantiated report of child abuse and neglect, the department may not maintain a record or other information of unsubstantiated child abuse and neglect for longer than three years if there has been no further report within that three-year period.

Source: SL 1991, ch 217, § 120; SL 1996, ch 178, § 2; SL 1997, ch 159, § 1; SL 2007, ch 164, § 1.
S.D. Codified Laws § 26-7A-41 — SD Code / Title 26 / Chapter 7A / Section 26-7A-41
Physical and mental health examination--Placement in suitable facility--Report
Status: in_force

The court may require an apparent, alleged, or adjudicated abused or neglected child, child in need of supervision, or delinquent child under jurisdiction of the court to be examined by a physician or qualified mental health professional. The court may place the child in a hospital or other suitable facility for that purpose and direct that an examination or evaluation report be submitted to the court. The court may consider the report at any adjudicatory or dispositional hearing.

Source: SDC 1939, § 43.0327 as added by SL 1968, ch 164, § 16; SL 1991, ch 217, § 50B; SDCL, § 26-8-22.12.
S.D. Codified Laws § 26-8A-23 — SD Code / Title 26 / Chapter 8A / Section 26-8A-23
Court-ordered medical, psychological or psychiatric treatment of spiritually-treated child
Status: in_force

If a child has been or is under treatment for physical, mental, or emotional illness solely by a spiritual means, the court may, as provided under § 26-8A-22 , order that medical, psychological, or psychiatric treatment and hospitalization be provided for the child.

Source: SDCL, § 26-10-10 as added by SL 1975, ch 179, § 2; SL 1990, ch 170, § 5; SL 1991, ch 217, § 132B; SDCL Supp, § 26-10-1.1 .
S.D. Codified Laws § 26-7A-103 — SD Code / Title 26 / Chapter 7A / Section 26-7A-103
Court order for report by guardian or institution
Status: in_force

The court may require any guardian, institution, or association having custodial care of a child under this chapter or chapter 26-8A , 26-8B , or 26-8C to submit to the court a complete report on the party's actions regarding the child in the manner and form and at the time directed by the court.

Source: SDC 1939, § 43.0317; SL 1951, ch 222, § 2; SL 1991, ch 217, § 98B; SDCL, § 26-8-51.
S.D. Codified Laws § 26-7A-110 — SD Code / Title 26 / Chapter 7A / Section 26-7A-110
Petition for new hearing on ground of new evidence
Status: in_force

A child or a child's parents, guardian, custodian, or guardian ad litem may petition the court for a new hearing related to adjudication or disposition on the ground that new evidence has been discovered which was not known and could not with due diligence have been made available at the original adjudicatory or dispositional hearing and which might affect the order or the decree resulting from the hearing. A noticed hearing on the petition shall be conducted as required by the court. If the court finds at the hearing on the petition that new evidence exists which might affect the original order or decree, the court shall order a new hearing and shall proceed with a revised determination of the case as warranted by the evidence and applicable law.

Source: SDC 1939, § 43.0328 as added by SL 1968, ch 164, § 17; SL 1991, ch 217, § 106B; SDCL, § 26-8-63.
S.D. Codified Laws § 26-8D-12 — SD Code / Title 26 / Chapter 8D / Section 26-8D-12
Report of nonidentifying aggregate data for jurisdictions where community response team established
Status: in_force

The Unified Judicial System shall provide semiannually to the oversight council the following nonidentifying aggregate data for any jurisdiction where a community response team has been established:

(1) Number of referrals to the team by each judicial circuit;

(2) The number and percent of referrals by each judicial circuit where the team recommendation is provided;

(3) The number and percent of cases where the team located a community based alternative;

(4) The recommendation of the team for each case; and

(5) The disposition of the court.

Source: SL 2015, ch 152, § 18, eff. Jan. 1, 2016.
S.D. Codified Laws § 26-8A-10 — SD Code / Title 26 / Chapter 8A / Section 26-8A-10
Report to social services--Content
Status: in_force

A report made pursuant to § 26-8A-8 to the Department of Social Services shall include the name, address, date and place of birth of the child, the name and address of the child's parents, guardian, custodian, or responsible persons, the date of the report, and the suspected or proven instances of child abuse or neglect as defined in § 26-8A-2 . The Department of Social Services shall be the central registry for such information.

Source: SL 1973, ch 172, § 4; SL 1975, ch 179, § 5; SL 1980, ch 192, § 3; SL 1980, ch 193, § 2; SL 1984, ch 192, § 8; SL 1991, ch 217, § 119B; SDCL, § 26-10-12.2.
S.D. Codified Laws § 26-7A-56 — SD Code / Title 26 / Chapter 7A / Section 26-7A-56
Rules of procedure and evidence apply to adjudicatory hearings--Rules for other hearings prescribed by court
Status: in_force

Except as otherwise provided in this chapter and related chapters 26-8A , 26-8B , and 26-8C , the rules of civil procedure and the rules of evidence apply to adjudicatory hearings. All other hearings shall be conducted under rules prescribed by the court. The rules may be designed by the court to inform the court fully of the exact status of the child and to ascertain the history, environment, and the past and present physical, mental, and moral condition of the child and the child's parents, guardian, and custodian, as may be necessary or appropriate to enable the court to determine suitable disposition of the child according to the least restrictive alternative available in keeping with the child's best interests and with due regard for the rights and interests of the parents, guardian, custodian, the public, and the state.

Source: SL 1991, ch 217, § 68.
S.D. Codified Laws § 26-7A-16 — SD Code / Title 26 / Chapter 7A / Section 26-7A-16
Child held until released by court
Status: in_force

Notwithstanding § 26-7A-14 , an apparent, alleged, or adjudicated abused or neglected child, child in need of supervision, or delinquent child may be held in temporary custody until released by order of the court.

Source: SDC 1939, § 43.0320 as enacted by SL 1968, ch 164, § 14; SL 1979, ch 171, § 3; SL 1989, ch 226, § 3; SL 1991, ch 217, § 20B; SDCL Supp, § 26-8-19.3.
S.D. Codified Laws § 26-8A-30 — SD Code / Title 26 / Chapter 8A / Section 26-8A-30
Testimony of child by closed circuit television--Hearing to determine necessity
Status: in_force

In any proceeding in which a child under the age of sixteen is describing any act of sexual contact or rape performed with or on the child by another, any act of physical abuse or neglect of the child by another, any act of physical abuse or neglect of another child, any act of human trafficking of the child by another, or any act constituting a crime of violence as defined in § 22-1-2 committed against the child or another child, the court or any party may move to allow that the testimony of the child be taken in a room other than the courtroom and televised at the same time to the courtroom by closed circuit television equipment. Prior to allowing the child to testify under this section, the court shall hold a hearing outside the presence of the jury and make a finding on the record that testimony by the child in the courtroom will cause the child to suffer more than de minimis emotional distress and that testifying under the provisions of this section is necessary to protect the welfare of the child.

Source: SL 1993, ch 205, § 1; SL 2022, ch 84, § 1.
S.D. Codified Laws § 26-7A-64 — SD Code / Title 26 / Chapter 7A / Section 26-7A-64
Examination upon request of statement by state's witness relating to subject matter of witness' testimony
Status: in_force

After a witness called by the state's attorney has testified on direct examination, the court shall, on the motion of a respondent or a child, order the state's attorney to produce any statement, as defined in § 26-7A-67 , of the witness in the possession of the state's attorney which relates to the subject matter on which the witness has testified. If the entire contents of any statement relate to the subject matter of the testimony of the witness, the court shall order it to be delivered directly to the respondent or the child for examination and use by the party.

Source: SL 1991, ch 217, § 69G.
S.D. Codified Laws § 26-6-47 — SD Code / Title 26 / Chapter 6 / Section 26-6-47
Other law in conflict preempted
Status: in_force

The provisions of §§ 26-6-36 to 26-6-50 , inclusive, apply to, and in cases of conflict, supersede any other provision of law that impinges upon the free exercise of religious beliefs and moral convictions protected pursuant to §§ 26-6-36 to 26-6-50 , inclusive, unless a conflicting law is expressly made exempt from the application of the provisions of §§ 26-6-36 to 26-6-50 , inclusive.

Source: SL 2017, ch 114, § 12.
S.D. Codified Laws § 26-11A-18 — SD Code / Title 26 / Chapter 11A / Section 26-11A-18
Form of hearings
Status: in_force

Hearings held pursuant to §§ 26-11A-14 to 26-11A-16 , inclusive, may be held telephonically or by teleconference. Evidence may be transmitted via facsimile or other electronic document transfer.

Source: SL 1996, ch 172, § 68.
S.D. Codified Laws § 26-5B-204 — SD Code / Title 26 / Chapter 5B / Section 26-5B-204
Temporary emergency jurisdiction
Status: in_force

(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.

(b) If there is no previous child-custody determination that is entitled to be enforced under this chapter and a child-custody proceeding has not been commenced in a court of a state having jurisdiction under §§ 26-5B-201 to 26-5B-203 , inclusive, a child-custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under §§ 26-5B-201 to 26-5B-203 , inclusive. If a child-custody proceeding has not been or is not commenced in a court of a state having jurisdiction under §§ 26-5B-201 to 26-5B-203 , inclusive, a child-custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child.

(c) If there is a previous child-custody determination that is entitled to be enforced under this chapter, or a child-custody proceeding has been commenced in a court of a state having jurisdiction under §§ 26-5B-201 to 26-5B-203 , inclusive, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under §§ 26-5B-201 to 26-5B-203 , inclusive. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.

(d) A court of this state which has been asked to make a child-custody determination under this section, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of a state having jurisdiction under §§ 26-5B-201 to 26-5B-203 , inclusive, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to §§ 26-5B-201 to 26-5B-203 , inclusive, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.

Source: SL 2005, ch 137, § 16.
S.D. Codified Laws § 26-7A-95 — SD Code / Title 26 / Chapter 7A / Section 26-7A-95
Parents' duty to support child--Costs of custodial care payable on demand
Status: in_force

Notwithstanding provisions of § 26-7A-94 , the child's parents' duty to support the child continues if the child is placed in the custodial care of the Department of Social Services or another department or agency of the state, and the costs of custodial care for a child and related fees are due and payable by the child's parents on demand by the Department of Social Services or other custodial department or agency of the state or by the county.

Source: SL 1991, ch 217, § 88C.
S.D. Codified Laws § 26-18-8 — SD Code / Title 26 / Chapter 18 / Section 26-18-8
Provisions and measures to prevent abduction
Status: in_force

(a) If a petition is filed under this chapter, the court may enter an order that must include:

(1) The basis for the court's exercise of jurisdiction;

(2) The manner in which notice and opportunity to be heard were given to the persons entitled to notice of the proceeding;

(3) A detailed description of each party's custody and visitation rights and residential arrangements for the child;

(4) A provision stating that a violation of the order may subject the party in violation to civil and criminal penalties; and

(5) Identification of the child's country of habitual residence at the time of the issuance of the order.

(b) If, at a hearing on a petition under this chapter or on the court's own motion, the court after reviewing the evidence finds a credible risk of abduction of the child, the court shall enter an abduction prevention order. The order must include the provisions required by subsection (a) and measures and conditions, including those in subsections (c), (d), and (e), that are reasonably calculated to prevent abduction of the child, giving due consideration to the custody and visitation rights of the parties. The court shall consider the age of the child, the potential harm to the child from an abduction, the legal and practical difficulties of returning the child to the jurisdiction if abducted, and the reasons for the potential abduction, including evidence of domestic violence, stalking, or child abuse or neglect.

(c) An abduction prevention order may include one or more of the following:

(1) An imposition of travel restrictions that require that a party traveling with the child outside a designated geographical area provide the other party with the following:

(A) The travel itinerary of the child;

(B) A list of physical addresses and telephone numbers at which the child can be reached at specified times; and

(C) Copies of all travel documents;

(2) A prohibition of the respondent directly or indirectly:

(A) Removing the child from this state, the United States, or another geographic area without permission of the court or the petitioner's written consent;

(B) Removing or retaining the child in violation of a child-custody determination;

(C) Removing the child from school or a child-care or similar facility; or

(D) Approaching the child at any location other than a site designated for supervised visitation;

(3) A requirement that a party to register the order in another state as a prerequisite to allowing the child to travel to that state;

(4) With regard to the child's passport:

(A) A direction that the petitioner place the child's name in the United States Department of State's Child Passport Issuance Alert Program;

(B) A requirement that the respondent surrender to the court or the petitioner's attorney any United States or foreign passport issued in the child's name, including a passport issued in the name of both the parent and the child; and

(C) A prohibition upon the respondent from applying on behalf of the child for a new or replacement passport or visa;

(5) As a prerequisite to exercising custody or visitation, a requirement that the respondent provide:

(A) To the United States Department of State Office of Children's Issues and the relevant foreign consulate or embassy, an authenticated copy of the order detailing passport and travel restrictions for the child;

(B) To the court:

(i) Proof that the respondent has provided the information in subparagraph (A); and

(ii) An acknowledgment in a record from the relevant foreign consulate or embassy that no passport application has been made, or passport issued, on behalf of the child;

(C) To the petitioner, proof of registration with the United States Embassy or other United States diplomatic presence in the destination country and with the Central Authority for the Hague Convention on the Civil Aspects of International Child Abduction, if that Convention is in effect between the United States and the destination country, unless one of the parties objects; and

(D) A written waiver under the Privacy Act, 5 U.S.C. Section 552a, with respect to any document, application, or other information pertaining to the child authorizing its disclosure to the court and the petitioner; and

(6) Upon the petitioner's request, a requirement that the respondent obtain an order from the relevant foreign country containing terms identical to the child-custody determination issued in the United States.

(d) In an abduction prevention order, the court may impose conditions on the exercise of custody or visitation that:

(1) Limit visitation or require that visitation with the child by the respondent be supervised until the court finds that supervision is no longer necessary and order the respondent to pay the costs of supervision;

(2) Require the respondent to post a bond or provide other security in an amount sufficient to serve as a financial deterrent to abduction, the proceeds of which may be used to pay for the reasonable expenses of recovery of the child, including reasonable attorneys fees and costs if there is an abduction; and

(3) Require the respondent to obtain education on the potentially harmful effects to the child from abduction.

(e) To prevent imminent abduction of a child, a court may:

(1) Issue a warrant to take physical custody of the child under § 26-18-9 or the law of this state other than this chapter;

(2) Direct the use of law enforcement to take any action reasonably necessary to locate the child, obtain return of the child, or enforce a custody determination under this chapter or the law of this state other than this chapter; or

(3) Grant any other relief allowed under the law of this state other than this chapter.

(f) The remedies provided in this chapter are cumulative and do not affect the availability of other remedies to prevent abduction.

Source: SL 2007, ch 169, § 8.
S.D. Codified Laws § 26-16-2 — SD Code / Title 26 / Chapter 16 / Section 26-16-2
Team voting to allow additional persons to join team--Authorized members
Status: in_force

The persons and agencies signing a written agreement to form a county interdisciplinary child information team may, from time to time, by majority vote, allow the following persons to sign the written agreement and join the team:

(1) Any physician, psychologist, psychiatrist, nurse, or other provider of medical and mental health care;

(2) Any administrator of any private elementary and secondary school;

(3) Any attorney practicing law in the county; and

(4) Any responsible person that has a legitimate interest in one or more of the children that the team is serving.

Source: SL 2005, ch 143, § 2.
S.D. Codified Laws § 26-6-20.3 — SD Code / Title 26 / Chapter 6 / Section 26-6-20.3
Demand trust account deposit of moneys not kept in center--Deposit with state treasurer by public agency
Status: in_force

Residents' moneys not kept in the center, home, or facility, shall be deposited in a demand trust account in a local bank authorized to do business in South Dakota, except, however, that a public agency which is subject to §§ 26-6-20.1 to 26-6-20.10 , inclusive, shall deposit such funds with the state treasurer in the appropriate trust and agency account for the facility.

Source: SL 1977, ch 279, § 5.
S.D. Codified Laws § 26-8D-5 — SD Code / Title 26 / Chapter 8D / Section 26-8D-5
Evaluation and recommendations to improve outcomes for Native American children in juvenile justice system
Status: in_force

The Department of Tribal Relations, in coordination with necessary state agencies, treatment providers, law enforcement, and stakeholders, shall evaluate and make recommendations to the oversight council to improve outcomes for Native American children in the juvenile justice system. Options for consideration may include sharing of treatment resources, information sharing about children under probation supervision, and joint supervision.

Source: SL 2015, ch 152, § 8.
S.D. Codified Laws § 26-6-20.7 — SD Code / Title 26 / Chapter 6 / Section 26-6-20.7
Public audit of records
Status: in_force

Records which are maintained pursuant to §§ 26-6-20.1 to 26-6-20.10 , inclusive, to account for residents' funds and valuables, shall be made available to a public audit of the home, center, or other facility, which is required to keep and maintain the same.

Source: SL 1977, ch 279, § 7.
S.D. Codified Laws § 26-8A-3 — SD Code / Title 26 / Chapter 8A / Section 26-8A-3
Persons required to report child abuse or neglected child--Intentional failure--Penalty
Status: in_force

Any physician, dentist, doctor of osteopathy, chiropractor, optometrist, emergency medical technician, paramedic, mental health professional or counselor, podiatrist, psychologist, religious healing practitioner, social worker, hospital intern or resident, parole or court services officer, law enforcement officer, coach of a school activity, teacher, school counselor, school official, nurse, licensed or registered child welfare provider, employee or volunteer of a domestic abuse shelter, employee or volunteer of a child advocacy organization or child welfare service provider, chemical dependency counselor, coroner, dental hygienist, or any safety-sensitive position as defined in § 3-6C-1 , who has reasonable cause to suspect that a child under the age of eighteen has been abused or neglected, as defined in § 26-8A-2 , shall report that information in accordance with §§ 26-8A-6 , 26-8A-7 , and 26-8A-8 . Any person who intentionally fails to make the required report is guilty of a Class 1 misdemeanor. Any person who knows or has reason to suspect that a child has been abused or neglected as defined in § 26-8A-2 may report that information as provided in § 26-8A-8 .

Source: SL 1964, ch 90, §§ 1, 5; SDCL § 26-10-13; SL 1973, ch 172, § 1; SL 1975, ch 179, § 2; SL 1976, ch 167; SL 1982, ch 201; SL 1984, ch 192, § 2; SL 1985, ch 215, § 1; SL 1986, ch 223; SL 1991, ch 217, § 112B; SDCL Supp, § 26-10-10; SL 1993, ch 203; SL 2000, ch 122, § 1; SL 2012, ch 146, § 1; SL 2016, ch 143, § 1; SL 2021, ch 118, § 1; SL 2026, ch 122, § 1.
S.D. Codified Laws § 26-6-49 — SD Code / Title 26 / Chapter 6 / Section 26-6-49
Construction with federal law
Status: in_force

The provisions of §§ 26-6-36 to 26-6-50 , inclusive, apply to any foster care or adoption placement for which a child-placement agency has received funding for that particular placement comprised in part of a federal subsidy only to the fullest extent allowed under federal law.

Source: SL 2017, ch 114, § 14.
S.D. Codified Laws § 26-15-1 — SD Code / Title 26 / Chapter 15 / Section 26-15-1
Programs developed by school districts--Private schools
Status: in_force

Each public school district shall, in coordination with local law enforcement agencies, develop a fingerprinting program for students of elementary and secondary schools. The principal or chief administrator of a nonpublic or parochial school may develop a fingerprinting program for students of the school.

Source: SL 1985, ch 217, § 1.
S.D. Codified Laws § 26-7A-5 — SD Code / Title 26 / Chapter 7A / Section 26-7A-5
Proceedings in best interest of child
Status: in_force

Proceedings under this chapter and chapters 26-8A , 26-8B , and 26-8C shall be in the best interests of the child.

Source: SDC 1939, § 43.0304; SL 1968, ch 164, § 4; SL 1991, ch 217, § 4B; SDCL, § 26-7-11; SL 1994, ch 213.
S.D. Codified Laws § 26-11-2 — SD Code / Title 26 / Chapter 11 / Section 26-11-2
Child arrested for other offenses taken before circuit court--Transfer by magistrate to circuit court--Disposition as if on delinquency petition
Status: in_force

If the arrest is for an offense for which the child is subject to proceedings as a delinquent child as defined in § 26-8C-2 , the child shall be taken directly before the circuit court. If the child is taken before a magistrate upon a complaint sworn out in that court or for any other reason, the magistrate shall transfer the case to the circuit court and the officer in charge of the child shall take the child before the circuit court. The circuit court may proceed to hear and dispose of the case as if the petition had originally been filed in that court as provided in chapter 26-8C .

Source: SDC 1939, § 43.0318; SL 1961, ch 214, § 1; SL 1991, ch 217, § 174.
S.D. Codified Laws § 26-6-9 — SD Code / Title 26 / Chapter 6 / Section 26-6-9
License or registration required for child care or placement by public or private agency--Waiver violation as misdemeanor
Status: in_force

No person, firm, limited liability company, corporation, association, organization, municipality, or county, other than the Department of Social Services, may establish or maintain a child welfare agency or receive children for care or for placement in a family home unless licensed pursuant to § 26-6-14 or registered pursuant to § 26-6-14.2 to do so by the Department of Social Services. The department, upon request, may waive licensure for activities set out in § 26-6-14 for any facility that would otherwise be required to be licensed by the department as a child welfare agency if the requesting agency is similarly regulated by another state agency. Before the department may consider or grant a waiver of licensure for activities set out in § 26-6-14 , the agency requesting waiver of licensure shall provide the department with appropriate documentation of current and valid approval by the appropriate state regulatory agency. Submission of false or fraudulent licensure information or documentation to the department or any violation of this section is a Class 2 misdemeanor.

Source: SL 1939, ch 168, §§ 3, 13; SDC Supp 1960, §§ 55.3708, 55.9936; SL 1979, ch 170, § 1; SL 1994, ch 351, § 48; SL 1995, ch 147, § 1.
S.D. Codified Laws § 26-7A-19.2 — SD Code / Title 26 / Chapter 7A / Section 26-7A-19.2
Action by division when relative desires to take temporary or permanent placement of abused or neglected child
Status: in_force

If a family service specialist employed by the Division of Child Protection Services within the department is contacted by a relative about the relative's desire to take temporary or permanent placement of an alleged or adjudicated abused or neglected child who has been removed from the child's parent, guardian, or custodian, the division shall document the contact in the child's file. The division shall send information to the relative within five business days informing the relative of the steps required in order for the relative to be considered for placement. The information shall be sent by first class mail to the last known address of the relative. Nothing in this section prohibits the division from contacting any other person or agency regarding placement of the child.

Source: SL 2008, ch 136, § 1.
S.D. Codified Laws § 26-7A-8 — SD Code / Title 26 / Chapter 7A / Section 26-7A-8
Court services officers--Appointment--Duties
Status: in_force

The presiding judge in each judicial circuit may appoint and employ qualified persons to serve as court services officers subject to the rules of the Supreme Court. Court services officers shall have such duties and responsibilities as directed by the Supreme Court.

Source: SDC 1939, § 43.0324; SL 1947, ch 190; SL 1951, ch 223; SL 1955, ch 154; SL 1957, ch 207; SL 1959, ch 245; SL 1961, ch 215; SL 1963, ch 246; SL 1968, ch 165, § 1; SL 1974, ch 177, § 5; SL 1974, ch 178, § 1; SL 1975, ch 162, § 15; SL 1985, ch 33, § 29; SL 1991, ch 217, § 7B; SDCL Supp, § 26-7-7.
S.D. Codified Laws § 26-11A-26 — SD Code / Title 26 / Chapter 11A / Section 26-11A-26
Allegations of abuse within juvenile corrections facilities to be reported to monitor
Status: in_force

Any allegation of abuse and neglect of individuals within the juvenile corrections facilities received by the Office of the Governor, the Department of Corrections, or other agencies of the executive branch shall be promptly reported in writing to the monitor.

Source: SL 2000, ch 128, § 3.
S.D. Codified Laws § 26-7A-1 — SD Code / Title 26 / Chapter 7A / Section 26-7A-1
Definition of terms
Status: in_force

Terms used in this chapter and in chapters 26-8A , 26-8B , and 26-8C mean:

(1) "Abused or neglected child," a child as defined in § 26-8A-2 ;

(2) "Adjudicatory hearing," a hearing to determine whether the allegations of a petition alleging that a child is abused or neglected are supported by clear and convincing evidence or whether the allegations of a petition alleging a child to be in need of supervision or a delinquent are supported by evidence beyond a reasonable doubt;

(3) "Adult," a person eighteen years of age or over, except any person under twenty - one years of age who is under the continuing jurisdiction of the court or who is before the court for an alleged delinquent act committed before the person's eighteenth birthday;

(4) "Advisory hearing," the initial hearing conducted by the court to inform the child and the child's parents, guardian, custodian, or other interested parties of their statutory and constitutional rights;

(5) "Association," an association, institution, or corporation which includes in its purposes the care or disposition of children coming within the provisions of this chapter or chapter 26-8A , 26-8B , or 26-8C ;

(6) "Child," a person less than eighteen years of age and any person under twenty - one years of age who is under the continuing jurisdiction of the court or who is before the court for an alleged delinquent act committed before the person's eighteenth birthday;

(7) "Child in need of supervision," a child as defined in § 26-8B-2 ;

(8) "Commit," to transfer custody of a person;

(9) "Conservator," a conservator of a child as defined in § 29A-1-201 ;

(10) "Court" or "juvenile court," the circuit court;

(11) "Custodian," any foster parent, employee of a public or private residential home or facility, other person legally responsible for a child's welfare in a residential setting, or person providing in - home or out - of - home care; for purposes of this definition, out - of - home care means any day care as defined in §§ 26-6-14 , 26-6-14.1 , and 26-6-14.8 ;

(12) "Delinquent child," a child as defined in § 26-8C-2 ;

(13) "Department of Social Services" or "department," the South Dakota Department of Social Services;

(14) "Deprivation of custody," transfer of custody of a child by the court from the child's parents, guardian, or other custodian to another person, agency, department, or institution;

(15) "Detention," the temporary custody of a child in secured physically restricting facilities for children, sight and sound separated from adult prisoners;

(16) "Detention facility," a secured, physically - restricting facility designed, staffed, and operated for children and separated by sight and sound from adult prisoners or a facility for children in the same building or secure perimeter as an adult jail or lockup, where children are sight and sound separated from adult prisoners, where staff in the detention facility are trained and certified by the entity operating facility to work with children, and the facility had been approved as a collocated facility by the Office of Juvenile Justice and Delinquency Prevention;

(17) "Dispositional hearing," a hearing after adjudication at which the court makes an interim or final decision in the case;

(18) "Guardian," a guardian of a child as defined in § 29A-1-201 ;

(19) "Guardian ad litem," a representative of a child as defined in subdivision 15-6-17(c), including a court - appointed special advocate for a child;

(20) "Intake officer," a judge of a circuit court or the court's designee who may not be a court services officer, law enforcement officer, or prosecuting attorney. For purposes of chapters 26-7A , 26-8A , 26-8B , and 26-8C , intake officers may administer oaths or affirmations as provided by chapter 18-3 ;

(21) "Minor," a person who has not reached his or her eighteenth birthday;

(22) "Parents," biological or adoptive parents of a child, including either parent, any single or surviving parent, and any custodial or noncustodial parent, jointly or severally;

(23) "Protective supervision," a legal status created by court order under which an alleged or adjudicated abused or neglected child is permitted to remain in the home of the child's parents, guardian, or custodian or is placed with a relative or other suitable person and supervision and assistance is provided by the court, Department of Social Services, or another agency designated by the court;

(24) "Qualified mental health professional," a person as defined in § 27A-1-3 ;

(25) "Shelter," a physically - unrestricting home or facility for temporary care of a child;

(26) "Temporary care," the care given to a child in temporary custody;

(27) "Temporary custody," the physical and legal control of a child prior to final disposition.

Source: SDC 1939, § 43.0301 as enacted by SL 1968, ch 164, § 1; SL 1971, ch 166, § 1; SL 1973, ch 163, § 5; SL 1982, ch 200, § 1; SL 1989, ch 226, § 1; SL 1989, ch 228, § 1; SL 1990, ch 30, § 6; SL 1991, ch 217, §§ 10B, 85B; SDCL Supp, § 26-8-1; SL 1992, ch 183, § 4; SL 1993, ch 213, § 120; SL 1997, ch 158, § 1; SL 2001, ch 137, § 1; SL 2003, ch 149, § 1.
S.D. Codified Laws § 26-7A-71 — SD Code / Title 26 / Chapter 7A / Section 26-7A-71
Notice of additional evidence
Status: in_force

If, prior to or during the hearing, a party discovers additional evidence or material previously requested or ordered which is subject to discovery or inspection under §§ 26-7A-58 to 26-7A-70 , inclusive, the party shall promptly notify the other parties or their attorneys or the court of the existence of the additional evidence or material.

Source: SL 1991, ch 217, § 69N.
S.D. Codified Laws § 26-5B-315 — SD Code / Title 26 / Chapter 5B / Section 26-5B-315
Role of prosecutor or public official
Status: in_force

(a) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resort to a proceeding under this article or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child-custody determination if there is:

(1) An existing child-custody determination;

(2) A request to do so from a court in a pending child-custody proceeding;

(3) A reasonable belief that a criminal statute has been violated; or

(4) A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.

(b) A prosecutor or appropriate public official acting under this section acts on behalf of the court and may not represent any party.

Source: SL 2005, ch 137, § 37.
S.D. Codified Laws § 26-7A-81 — SD Code / Title 26 / Chapter 7A / Section 26-7A-81
Deposition by agreement of parties not precluded
Status: in_force

Nothing in §§ 26-7A-75 to 26-7A-80 , inclusive, precludes the taking, either orally or through written questions, of a deposition for use at a hearing or the use of a deposition by agreement of the parties with the consent of the court.

Source: SL 1991, ch 217, § 70G.
S.D. Codified Laws § 26-8A-12.3 — SD Code / Title 26 / Chapter 8A / Section 26-8A-12.3
Central registry check of kinship, foster care, adoption, and child welfare agency employment applicants
Status: in_force

Upon the receipt of a written request from a licensed child welfare agency or a private child welfare agency whose licensure has been waived pursuant to § 26-6-9 , the Department of Social Services shall conduct a check of the central registry for child abuse and neglect for kinship, foster care, adoption, or employment applicants and shall provide the results to the requesting agency. Further, upon written request from an agency that provides child welfare services or child placement services for a federally recognized tribe, the department shall conduct a check of the central registry for child abuse and neglect for kinship, foster care, or adoption applicants and shall provide the results to the requesting tribal agency. Before the department conducts any check of the central registry for child abuse and neglect pursuant to this section, the requesting agency shall provide to the department a consent signed by the applicant for kinship, foster care, adoption, or employment.

Source: SL 2007, ch 165, § 2; SL 2016, ch 144, § 2.
S.D. Codified Laws § 26-8C-5 — SD Code / Title 26 / Chapter 8C / Section 26-8C-5
Community response team recommendation--Plan of disposition
Status: in_force

Where a community response team as defined in § 26-8D-1 has been established, following any advisory or initial hearing, the court may seek recommendations for community-based interventions and rehabilitative resources from the team. Following adjudication of a child as a delinquent child and prior to any disposition to the Department of Corrections, the court may seek a recommendation for a viable community alternative disposition from the team. If the team is unable to provide any recommendation within seven days of the referral, the disposing court may exercise its discretion and make a disposition decision without the input of the team, pursuant to § 26-8C-7 . In each case, the court may adopt the recommendation of the team in part, in full, or reject the recommendation of the team in its entirety.

Following adjudication of a child as a delinquent child, the court may continue the case and may require a court services officer to present to the court a plan of disposition.

Source: SL 1974, ch 179, § 3; SL 1977, ch 208, § 1; SL 1991, ch 217, § 156B; SDCL § 26-8-40.3; SL 2015, ch 152, § 16, eff. Jan. 1, 2016; SL 2023, ch 87, § 4.
S.D. Codified Laws § 26-5B-313 — SD Code / Title 26 / Chapter 5B / Section 26-5B-313
Recognition and enforcement
Status: in_force

A court of this state shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child-custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2.

Source: SL 2005, ch 137, § 35.
S.D. Codified Laws § 26-8A-36 — SD Code / Title 26 / Chapter 8A / Section 26-8A-36
Immunity from liability for administering or not administering toxicology test
Status: in_force

A health care practitioner or any other medical personnel administering a toxicology test to determine the presence of a controlled substance in a newborn infant at birth or during the first twenty-eight days after birth and the employer of the person administering the test are immune from civil or criminal liability arising from administration of the test if the health care practitioner ordering the test believes in good faith that the test is permitted under this section and if the test is administered in accordance with an established protocol and reasonable medical practice.

If a health care practitioner or any other medical personnel determines in good faith not to administer a toxicology test under this section, the person making the determination and the person's employer are immune from civil or criminal liability arising from not administering the test.

Source: SL 2018, ch 167, § 2.
S.D. Codified Laws § 26-7A-12 — SD Code / Title 26 / Chapter 7A / Section 26-7A-12
Temporary custody by law enforcement officer or court services officer without court order
Status: in_force

A child may be taken into temporary custody by a law enforcement officer without order of the court:

(1) If the child is subject to arrest under the provisions of §§ 23A-3-2 and 23A-3-4 ;

(2) If the child is abandoned or seriously endangered in the child's surroundings or is seriously endangering others and immediate removal of the child appears to be necessary for the child's protection or for the protection of others;

(3) If there are reasonable grounds to believe the child has run away or escaped from the child's parents, guardian, or custodian;

(4) If the officer reasonably believes that temporary custody is warranted because there exists an imminent danger to the child's life or safety and there is no time to apply for a court order and the child's parents, guardian, or custodian refuse an oral request for consent to the child's removal from their custody or the child's parents, guardian, or custodian are unavailable; or

(5) If the child is under the influence of alcohol, inhalants, or a controlled drug or substance.

A court services officer may take the child into temporary custody without order of the court if the child is under the continuing jurisdiction of the court.

Source: SDC 1939, § 43.0320 as enacted by SL 1968, ch 164, § 14; SL 1979, ch 171, § 1; SL 1991, ch 217, § 16B; SDCL, § 26-8-19.1; SL 1995, ch 148, § 1; SL 1996, ch 172, § 1.
S.D. Codified Laws § 26-6-12 — SD Code / Title 26 / Chapter 6 / Section 26-6-12
Provisional license authorized
Status: in_force

A provisional license may be issued to any agency whose services are needed but which is temporarily unable to conform to all the provisions of the established standards of care. No provisional license may be issued for more than three consecutive years.

Source: SL 1939, ch 168, § 3; SDC Supp 1960, § 55.3708; SL 2000, ch 120, § 2.
S.D. Codified Laws § 26-8A-22.1 — SD Code / Title 26 / Chapter 8A / Section 26-8A-22.1
Court to require instruction in parenting as part of sentence in certain convictions
Status: in_force

If any person convicted of contributory abuse or contributory neglect is the child's parent, guardian, or custodian, the court shall include as part of the sentence, or conditions required as part of the suspended execution or imposition of such sentence, that the person receive instruction on parenting approved or provided by the Department of Social Services.

Source: SL 1998, ch 162, § 2.
S.D. Codified Laws § 26-6-14.10 — SD Code / Title 26 / Chapter 6 / Section 26-6-14.10
Prohibition of licensure, registration, or operation by person convicted of child abuse or other felony, or whose name appears on registry--Failure to report as misdemeanor
Status: in_force

No person who has been convicted of child abuse pursuant to chapter 26-10 ; a sex offense pursuant to chapter 22-22 ; or, within the preceding five years, any other felony; and no person whose name appears on the sex offender registry or on the central registry for child abuse and neglect may:

(1) Be licensed to operate a child welfare agency pursuant to § 26-6-14 ;

(2) Be registered to operate a family day care home pursuant to § 26-6-14 . 2; or

(3) Operate an unregistered family day care home as defined in § 26-6-14.8 .

Any person who has actual knowledge that some other person is violating this section and who subsequently fails to report such violation to the state's attorney or local law enforcement is guilty of a Class 1 misdemeanor.

Source: SL 1988, ch 206, § 2; SL 2001, ch 136, § 1; SL 2004, ch 178, § 1, eff. Mar. 9, 2004; SL 2010, ch 138, § 2.
S.D. Codified Laws § 26-6-18.4 — SD Code / Title 26 / Chapter 6 / Section 26-6-18.4
Approved programs required for payments to nonprofit organizations--Records and periodic audit
Status: in_force

Payments to nonprofit organizations engaged in these programs shall be based on programs previously approved by the governing boards. Complete records on all their activities and a certified audit of these records shall be submitted to the governing boards upon demand and at the close of each fiscal period.

Source: SL 1975, ch 69, § 2.
S.D. Codified Laws § 26-9-2 — SD Code / Title 26 / Chapter 9 / Section 26-9-2
Short terms used to describe offenses
Status: in_force

When any person is prosecuted under § 26-9-1 , and the charge against such person concerns the abuse or neglect of a child, the offense for convenience may be termed contributory abuse or contributory neglect. If it concerns the delinquency of a child, for convenience it may be termed contributory delinquency. If it concerns a child in need of supervision, for convenience it may be termed contributing to the child's status as a child in need of supervision.

Source: SDC 1939, § 43.0401; SL 1993, ch 206, § 2; SL 2003, ch 149, § 14.
S.D. Codified Laws § 26-4-7 — SD Code / Title 26 / Chapter 4 / Section 26-4-7
Development of standards for child care agencies
Status: in_force

The Department of Social Services shall develop standards of care for children in public agencies and private organizations caring for dependent, neglected, delinquent, or mentally handicapped children. The secretary of social services may adopt reasonable and necessary rules setting standards for child welfare agencies for care of children relating to the following areas:

(1) Service or treatment plan requirements for children in care;

(2) Administration and record keeping requirements;

(3) Staff requirements;

(4) Facility safety and sanitation requirements;

(5) Monitoring, evaluation, and audit requirements;

(6) Standards and requirements for the safety and health of children in care; and

(7) Standards and requirements required to obtain federal financial participation for the care of children outside their home in public agencies or private organizations.

Source: SDC 1939, § 55.3702 (1); SL 1981, ch 199, § 9.
S.D. Codified Laws § 26-16-7 — SD Code / Title 26 / Chapter 16 / Section 26-16-7
Immunity from civil liability for team members acting in good faith
Status: in_force

Any person serving as a member of a county interdisciplinary child information team as provided in § 26-16-1 whose action in facilitating the exchange and sharing of information in serving any child in the course of their professions, specialities, interests, or occupations for the purpose of holding each child accountable, ensuring the safety of the child and the community, and providing early intervention to avert more serious problems, is immune from any civil liability, arising out of any good faith act relevant to participation on any county interdisciplinary child information team, that might otherwise be incurred or imposed.

Source: SL 2005, ch 143, § 7.
S.D. Codified Laws § 26-5B-317 — SD Code / Title 26 / Chapter 5B / Section 26-5B-317
Costs and expenses
Status: in_force

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or other appropriate public official and law enforcement officers under § 26-5B-315 or 26-5B-316 .

Source: SL 2005, ch 137, § 39.
S.D. Codified Laws § 26-13-4 — SD Code / Title 26 / Chapter 13 / Section 26-13-4
Executive authority--Administration of compact
Status: in_force

As used in Article VII of the interstate compact on the placement of children, the term, "executive," shall mean the Governor. The Governor is hereby authorized to appoint a compact administrator in accordance with the terms of said Article VII, and the administration of the compact shall be in the Department of Social Services.

Source: SL 1974, ch 180, § 9.
S.D. Codified Laws § 26-6-20.6 — SD Code / Title 26 / Chapter 6 / Section 26-6-20.6
Safeguards and records required of facilities
Status: in_force

Every group home or care center, or other facility covered by the provisions of §§ 26-6-20.1 to 26-6-20.10 , inclusive, shall, in addition to the requirements of § 26-6-20.2 , maintain adequate safeguards and accurate records of residents' moneys and funds which are entrusted to their care. These safeguards and records shall include, but not be limited to, the following:

(1) Records of residents' moneys which are maintained as a trust account shall include a control account for all the receipts and expenditures, an account for each resident and supporting vouchers filed in chronological order. Each account shall be kept current with columns for debits, credits and balance.

(2) Records of residents' moneys and funds entrusted to the home, or facility for safekeeping, shall include a copy of the receipt furnished to the resident or to the person or agency responsible for the resident.

Source: SL 1977, ch 279, § 3.
S.D. Codified Laws § 26-6-14.1 — SD Code / Title 26 / Chapter 6 / Section 26-6-14.1
Family day care defined--Number of children allowed
Status: in_force

For the purposes of this chapter, family day care means providing care and supervision of children from more than one unrelated family, in a family home, on a regular basis for part of a day as a supplement to regular parental care, without transfer of legal custody or placement for adoption, paid for directly or indirectly out of public funds. A family day care home may not be registered for care and supervision of more than twelve children at any one time including children under the age of six living in the home.

Source: SL 1979, ch 170, § 9; SL 1981, ch 200; SL 1983, ch 209, § 1.
S.D. Codified Laws § 26-7A-55 — SD Code / Title 26 / Chapter 7A / Section 26-7A-55
Petition admitted to by all parties--Dispositional hearing--Petition not admitted to--Adjudicatory hearing--Interim order for temporary custody
Status: in_force

If all necessary parties admit the allegations contained in the petition and the court accepts the admissions, the court may find, conclude and make a decision as to adjudication of the child under the applicable provisions of chapter 26-8A , 26-8B , or 26-8C . The court may then proceed with the dispositional phase of the proceedings without conducting a formal adjudicatory hearing on the petition with the concurrence of all parties. However, at the request of any party or if required by the court, the court shall set a later time and date for the dispositional hearing. The court shall then determine interim dispositional arrangements concerning the child and the parties.

If the petition is not admitted by all necessary parties, including the child, if appropriate, or if the petition is denied by any necessary party or the child, if appropriate, the court shall proceed with the adjudicatory hearing on the petition, if notice has been given as required by § 26-7A-15.1 , if applicable, or schedule the adjudicatory hearing for a later time and date.

If the advisory hearing is adjourned and continued or if the advisory hearing is completed and the adjudicatory hearing on the petition is scheduled for a later time and date, the court shall make an interim order regarding temporary custody of the child as determined by the court.

Source: SL 1991, ch 217, § 67; SL 2005, ch 139, § 3.
S.D. Codified Laws § 26-8C-14 — SD Code / Title 26 / Chapter 8C / Section 26-8C-14
Terms and conditions of probation--Duration--Written statement and explanation required--Review--Release--Modification
Status: in_force

The terms and conditions of probation of a delinquent child shall be specified by rules or orders of the court and by court services officers.

The duration of juvenile probation shall be specified by order of the court but may not exceed six months unless:

(1) The child is placed in the intensive juvenile probation program; or

(2) The child's probation is extended as provided under this section.

If the child is placed on intensive juvenile probation, the duration of probation upon order by the court may be up to twelve months.

If the child is placed on juvenile probation, a court services officer may request two extensions up to six months each or one extension up to six months for intensive juvenile probation. The court may authorize the same in accordance with Unified Judicial System procedure if the extension is necessary for the child to engage in evidence-based treatment as required by the case plan. If evidence-based treatment is not available, an extension may be granted if the youth is engaged in alternative court-approved treatment that will not be completed before the previously ordered term of probation expires.

The total duration of probation, including juvenile intensive probation and any extension may not exceed eighteen months unless the court provides written authorization to allow a child to complete evidence-based treatment that will not be completed before probation expires. Probation may not be extended solely to collect restitution. If probation is terminated with restitution owing, the Unified Judicial System procedure may govern the collection.

Each child placed on probation shall be given a written statement of the terms and conditions of probation, and the probation extension policy. The terms and conditions, as well as the probation extension policy, shall be explained to the child.

The court shall review the terms and conditions of probation and the progress of each child placed on probation at least once every six months. The court may release a child from probation or modify the terms and conditions of the child's probation at any time, but any child who has complied satisfactorily with the terms, conditions, and duration of probation shall be released from probation and the jurisdiction of the court terminated. If the duration of probation previously prescribed has expired, the court shall release the child from probation and terminate jurisdiction.

Source: SDC 1939, § 43.0328 as added by SL 1968, ch 164, § 17; SL 1991, ch 217, § 166B; SDCL § 26-8-60; SL 2015, ch 152, § 23, eff. Jan. 1, 2016; SL 2017, ch 118, § 2.
S.D. Codified Laws § 26-7A-93 — SD Code / Title 26 / Chapter 7A / Section 26-7A-93
Placement subject to availability of space
Status: in_force

No child governed by provisions of this chapter or chapter 26-8A , 26-8B , or 26-8C may be placed in any group home, residential care facility, group care institution, or any other facility unless the agency, department, association, or corporation operating the facility determines that space is available.

Source: SL 1974, ch 179, § 5; SL 1991, ch 217, § 87B; SDCL, § 26-8-40.6.
S.D. Codified Laws § 26-9-16 — SD Code / Title 26 / Chapter 9 / Section 26-9-16
Separate suit not required to recover on bond--Order to show cause--Judgment on bond
Status: in_force

As a part of the conditions of any bond mentioned in § 26-9-15 , it shall be understood that it shall not be necessary to bring a separate suit to recover the penalty of any such bond which has become forfeited, but the court may cause a citation or summons to issue to the surety or sureties thereon, requiring that he or they appear at a time named by the court, which time shall be not less than ten nor more than twenty days from the issuance thereof, and show cause, if any there be, why judgment should not be entered for the penalty of such bond and execution issue for the amount thereof against the property of the surety or sureties thereon, as in civil cases, and upon failure to appear or failure to show any such sufficient cause, the court shall enter such judgment in behalf of the state against the principal and such surety or sureties on such bond, not to exceed the sum of one thousand dollars including the costs.

Source: SDC 1939, § 43.0404.
S.D. Codified Laws § 26-13-5 — SD Code / Title 26 / Chapter 13 / Section 26-13-5
Financial responsibility for child placement
Status: in_force

Financial responsibility for any child placed pursuant to the provisions of the interstate compact on the placement of children shall be determined in accordance with the provisions of Article V thereof in the first instance. However, in the event of partial or complete default of performance thereunder, the provisions of chapters 25-7 and 25-9 also may be invoked.

Source: SL 1974, ch 180, § 2.
S.D. Codified Laws § 26-6-6.1 — SD Code / Title 26 / Chapter 6 / Section 26-6-6.1
Continuing foster care to age twenty-one
Status: in_force

Notwithstanding the provisions of §§ 26-1-1 and 26-7A-101 , any child welfare agency, including the Department of Social Services, may continue to provide foster care for a person over the age of majority but less than twenty - one years of age if the person was in foster care immediately prior to reaching the age of majority and has not yet completed the twelfth grade of school or is in a continuing course of remedial treatment and if the person consents in writing to continued foster care.

Source: SL 1973, ch 167; SL 1991, ch 217, § 171.
S.D. Codified Laws § 26-9-4 — SD Code / Title 26 / Chapter 9 / Section 26-9-4
Probation officers authorized to file complaints--Assistance by state's attorney--General powers of state's attorney unimpaired
Status: in_force

Probation officers having the powers of peace officers, as well as state's attorneys, shall have the right and be vested with all power necessary to file complaints against any person under § 26-9-1 and to prosecute any such case. In all such cases it shall be the duty of the state's attorney to prepare any such complaints and prosecute any such cases for such probation officer when so requested by such officer or the judge of the circuit court; but nothing herein shall be construed to interfere with any state's attorney prosecuting such cases under this or any other law as in other criminal cases.

Source: SDC 1939, § 43.0407.
S.D. Codified Laws § 26-15-4 — SD Code / Title 26 / Chapter 15 / Section 26-15-4
Other fingerprinting programs unaffected
Status: in_force

This chapter does not apply to any fingerprinting programs for minors that are provided by private organizations or governmental entities other than school districts.

Source: SL 1985, ch 217, § 4.
S.D. Codified Laws § 26-7A-19.1 — SD Code / Title 26 / Chapter 7A / Section 26-7A-19.1
Preference for placement of abused or neglected child with relatives after hearing
Status: in_force

Subsequent to a temporary custody hearing, if a placement is made of an apparent, alleged, or adjudicated abused or neglected child, placement preference shall be given to a relative entitled to placement under § 26-7A-19 .

Source: SL 2005, ch 140, § 2.
S.D. Codified Laws § 26-7A-66 — SD Code / Title 26 / Chapter 7A / Section 26-7A-66
Witness' testimony struck from record upon state's attorney's election not to deliver statement to respondent or child
Status: in_force

If the state's attorney elects not to comply with an order of the court under §§ 26-7A-64 and 26-7A-65 to deliver to the respondent or the child any statement or portion of a statement that the court directs, the court shall strike from the record the testimony of the witness and the hearing shall proceed unless the court in its discretion determines otherwise.

Source: SL 1991, ch 217, § 69I.
S.D. Codified Laws § 26-5B-108 — SD Code / Title 26 / Chapter 5B / Section 26-5B-108
Notice to persons outside state
Status: in_force

(a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.

(b) Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.

(c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.

Source: SL 2005, ch 137, § 8.
S.D. Codified Laws § 26-10-29 — SD Code / Title 26 / Chapter 10 / Section 26-10-29
"Childhood sexual abuse" defined
Status: in_force

As used in §§ 26-10-25 to 26-10-29 , inclusive, childhood sexual abuse is any act committed by the defendant against the complainant who was less than eighteen years of age at the time of the act and which act would have been a violation of chapter 22-22 or prior laws of similar effect at the time the act was committed which act would have constituted a felony.

Source: SL 1991, ch 219, § 5.
S.D. Codified Laws § 26-7A-12.1 — SD Code / Title 26 / Chapter 7A / Section 26-7A-12.1
Child in possession of firearms on school property may be taken into temporary custody
Status: in_force

A child alleged to have violated § 13-32-7 may be taken into temporary custody by a law enforcement officer who shall immediately notify an intake officer who shall conduct a hearing pursuant to § 26-7A-13 .

Source: SL 1999, ch 88, § 2.
S.D. Codified Laws § 26-6-14.12 — SD Code / Title 26 / Chapter 6 / Section 26-6-14.12
Before and after school day care exempt from zoning, uniform building, and safety provisions
Status: in_force

A county or municipality may exempt a before and after school day care program from its zoning, uniform building, and fire and life safety code provisions if the day care program is accessory to a church, nonprofit youth organization, hospital, public or private school, or office building.

Source: SL 1989, ch 139, § 3.
S.D. Codified Laws § 26-7A-32.6 — SD Code / Title 26 / Chapter 7A / Section 26-7A-32.6
Examiner's report
Status: in_force

The provisions of this section govern criteria for the examiner's report in order to assist the court's determination of competency. The examiner's report shall address the juvenile's capacity and ability to:

(1) Understand the allegations of the petition;

(2) Understand the nature of the adversarial process including:

(a) A factual understanding of the participants in the juvenile's proceeding, including the judge, juvenile's counsel, attorney for the state, and mental health expert; and

(b) A rational understanding of the role of each participant in the juvenile's proceeding;

(3) Understand the range of possible dispositions that may be imposed in the proceedings against the juvenile;

(4) Disclose to counsel facts pertinent to the proceedings at issue and to assist in the juvenile's defense;

(5) Testify at proceedings; and

(6) Demonstrate any other capacity or ability either separately sought by the court or determined by the examiner to be relevant to the court's determination.

In assessing the juvenile's competency, the examiner shall compare the juvenile being examined to juvenile norms for a juvenile of a similar age and the juvenile's level of developmental skills. The examiner shall also determine and report whether the juvenile suffers from a mental illness or developmental disability as defined in § 26-7A-32.1 . The examiner's report shall state an opinion whether there exists a substantial probability that the deficiencies related to competence identified in the report, if any, can be ameliorated or will continue to exist in the foreseeable future.

If the examiner determines that the juvenile suffers from a mental illness, the examiner shall provide the following information:

(1) The prognosis for recovery from the mental illness; and

(2) Whether the juvenile is taking any medication and, if so, what medication.

Source: SL 2013, ch 121, § 6.
S.D. Codified Laws § 26-6-15.2 — SD Code / Title 26 / Chapter 6 / Section 26-6-15.2
Additional number of children in day care center operating preschool program
Status: in_force

Any day care center operating a preschool program may provide care for an additional number of children, not to exceed ten percent of the number of children for which the center is licensed pursuant to § 26-6-15 , if the additional children are in attendance at the center only for the preschool program and the center meets staff - to - child ratios set by the Department of Social Services.

Source: SL 1988, ch 207, § 2.
S.D. Codified Laws § 26-7A-42 — SD Code / Title 26 / Chapter 7A / Section 26-7A-42
Court-ordered protection, support or dental, medical or surgical treatment--Parental consent--Costs
Status: in_force

Prior to or following adjudication or disposition of a child under the courts jurisdiction, the court may issue orders providing for any protection, support, or dental, medical, or surgical treatment of an alleged or adjudicated abused or neglected child, child in need of supervision, or delinquent child that the court deems to be in the best interests of the child.

The state shall make a reasonable effort to obtain parental consent to treatment of a child under this section. However, lack of parental consent does not abrogate the authority of the court to order treatment if an emergency need exists or if there is a compelling need for treatment for the protection, well - being or safety of the child. Effort by the state to obtain parental consent to treatment of a child is not required if the child is in temporary custody or if the child's parents, guardian, or custodian are not immediately available.

The court may issue such orders as necessary and appropriate to secure the payment of the costs of treatment of the child under this section by the child's parents or other parties responsible for the care, support, and maintenance of the child, by the county, by the party having custody of the child or by any combination of them.

Source: SDC 1939, § 43.0314; SL 1968, ch 164, § 11; SL 1991, ch 217, § 51B; SDCL, § 26-8-43.
S.D. Codified Laws § 26-7A-104 — SD Code / Title 26 / Chapter 7A / Section 26-7A-104
Review dispositional hearing to remove guardian or institution or restore child to parents
Status: in_force

On consideration of the report of the guardian, institution, or association submitted to the court pursuant to § 26-7A-103 , except for a child committed to the Department of Corrections, the court may conduct a review dispositional hearing and:

(1) Remove the guardian and appoint another party to act as guardian for the child;

(2) Remove the child from the institution or association and place the child in another institution or association as determined by the court; or

(3) Restore the child to the custody of either or both of the child's parents, if parental rights have not been terminated, or to the custody of the child's former guardian or custodian existing at commencement of the action, with or without supervision, probation, or other conditions imposed by the court consistent with the best interests of the child and with due regard to the rights and interests of the child's parents, guardian, custodian, the public, and the state.

Source: SDC 1939, § 43.0317; SL 1951, ch 222, § 2; SL 1991, ch 217, § 99B; SDCL, § 26-8-52; SL 1996, ch 172, § 12.
S.D. Codified Laws § 26-7A-126 — SD Code / Title 26 / Chapter 7A / Section 26-7A-126
Law enforcement treatment as juvenile cited violation--Procedure--Report to state's attorney
Status: in_force

The following allegations of delinquency and children in need of supervision shall be treated as juvenile cited violations by law enforcement:

(1) Petty theft in the second degree pursuant to § 22-30A-17.3 ;

(2) Intentional damage to property, four hundred dollars or less, pursuant to § 22-34-1 ;

(3) Purchase, possession, or consumption of alcoholic beverage by person under twenty-one years pursuant to § 35-9-2 in accordance with subdivision 26-8B-2(5); and

(4) Truancy pursuant to subdivision 26-8B-2(1).

The issuing officer shall notify the child and the child's parent, guardian, or custodian that a hearing on the citation for a cited violation shall be held before a judicial circuit court judge within ten days of issuance of the citation or on the next available court date and be treated as a confidential juvenile matter. The hearing shall be held pursuant to § 26-7A-36 and the case records shall be treated as confidential consistent with the provisions of §§ 26-7A-114 , 26-7A-115 , 26-7A-116 , 26-7A-120 , and 26-7A-27 . A cited violation is not an adjudication or a child in need of supervision or delinquency proceeding. In lieu of a citation, pursuant to subdivision 26-7A-126(4), a school official may file a report with the state's attorney. A report may also be filed with the state's attorney in lieu of a citation if the conduct occurs in conjunction with another offense that is not subject to the juvenile cited violation process.

Source: SL 2015, ch 152, § 37, eff. Jan. 1, 2016; SL 2017, ch 115, § 3, eff. Mar. 13, 2017.
S.D. Codified Laws § 26-5B-401 — SD Code / Title 26 / Chapter 5B / Section 26-5B-401
Application and construction
Status: in_force

In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Source: SL 2005, ch 137, § 40.
S.D. Codified Laws § 26-5B-312 — SD Code / Title 26 / Chapter 5B / Section 26-5B-312
Costs, fees, and expenses
Status: in_force

(a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.

(b) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this chapter.

Source: SL 2005, ch 137, § 34.
S.D. Codified Laws § 26-6-1.1 — SD Code / Title 26 / Chapter 6 / Section 26-6-1.1
Chapter not applicable to day care services provided by school board for children of enrolled students
Status: in_force

Nothing in this chapter applies to day care services provided by any school board for the children of enrolled students.

Source: SL 1989, ch 138, § 2.
S.D. Codified Laws § 26-8A-18 — SD Code / Title 26 / Chapter 8A / Section 26-8A-18
Appointment of counsel--Compensation--Assistance
Status: in_force

Notwithstanding the provisions of §§ 26-7A-31 and 26-8A-9 , the court shall appoint an attorney for any child alleged to be abused or neglected in any judicial proceeding. The court shall appoint an attorney in the manner the county in which the action is being conducted has chosen to provide indigent counsel under § 23A-40-7 . The attorney for the child shall represent the child's best interests and may not be the attorney for any other party involved in the judicial proceedings. The court may designate other persons, including a guardian ad litem or special advocate, who may or may not be attorneys licensed to practice law, to assist the attorney of the child in the performance of the attorney's duties. Compensation and expense allowances for the child's attorney shall be determined and paid according to § 26-7A-31 .

Source: SL 1984, ch 192, § 9; SL 1991, ch 217, § 126B; SDCL § 26-10-17; SL 2010, ch 139, § 3.
S.D. Codified Laws § 26-8E-11 — SD Code / Title 26 / Chapter 8E / Section 26-8E-11
Sentencing court's authority not limited
Status: in_force

Nothing in this chapter shall be construed to limit the sentencing court's ability to respond to a probation violation or modify the terms and conditions of probation.

Source: SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
S.D. Codified Laws § 26-17-4 — SD Code / Title 26 / Chapter 17 / Section 26-17-4
Information provided about missing child
Status: in_force

Each parent, custodial parent, guardian, legal custodian, or other person responsible for the missing child shall provide available information upon request, and may provide information voluntarily, to the law enforcement agency during the information gathering process. The law enforcement agency also may obtain available information about the missing child from other persons subject to constitutional and statutory limitations.

Source: SL 1985, ch 217, § 8; SDCL, § 22-19-16; SL 2005, ch 120, §§ 124, 125.
S.D. Codified Laws § 26-5B-314 — SD Code / Title 26 / Chapter 5B / Section 26-5B-314
Appeals
Status: in_force

An appeal may be taken from a final order in a proceeding under this article in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under § 26-5B-204 , the enforcing court may not stay an order enforcing a child-custody determination pending appeal.

Source: SL 2005, ch 137, § 36.
S.D. Codified Laws § 26-7A-63 — SD Code / Title 26 / Chapter 7A / Section 26-7A-63
Statement of state's witness or prospective witness not subject to discovery until witness has testified
Status: in_force

In any proceedings under this chapter and chapters 26-8A , 26-8B , and 26-8C , no statement in the possession of the state's attorney which was made by a witness or prospective witness of the state or any department or agency of the state, other than a respondent or a child, may be the subject of subpoena, discovery, or inspection until the witness has testified on direct examination in the adjudicatory hearing.

Source: SL 1991, ch 217, § 69F.
S.D. Codified Laws § 26-18-10 — SD Code / Title 26 / Chapter 18 / Section 26-18-10
Duration of abduction prevention order
Status: in_force

An abduction prevention order remains in effect until the earliest of:

(1) The time stated in the order;

(2) The emancipation of the child;

(3) The child's attaining eighteen years of age; or

(4) The time the order is modified, revoked, vacated, or superseded by a court with jurisdiction under §§ 26-5B-201 to 26-5B-203 , inclusive.

Source: SL 2007, ch 169, § 10.
S.D. Codified Laws § 26-7A-15 — SD Code / Title 26 / Chapter 7A / Section 26-7A-15
Notice to parents, guardian, or custodian of child taken into temporary custody--Notice of hearing--Information to Indian custodian or designated tribal agent--Failure to notify
Status: in_force

The officer or party who takes a child into temporary custody, with or without a court order, except under a court order issued during a noticed hearing after an action has been commenced, shall immediately, without unnecessary delay in keeping with the circumstances, inform the child's parents, guardian, or custodian of the temporary custody and of the right to a prompt hearing by the court to determine whether temporary custody should be continued. If the child's parents, guardian, or custodian cannot be located after reasonable inquiry, the officer or party taking temporary custody of the child shall report that fact and the circumstances immediately to the state's attorney. The state's attorney shall notify the child's parents, guardian, or custodian, without unnecessary delay, of the time, date, and place of the temporary custody hearing. If the temporary custody hearing concerns an apparent abused or neglected Indian child, the state's attorney or Department of Social Services shall make reasonable efforts to inform the Indian custodian and the designated tribal agent for the Indian child's tribe, if known, of the time, date, and place of the temporary custody hearing. The information regarding the temporary custody hearing may be provided to the Indian custodian or the designated tribal agent orally or in writing, including by telephone or facsimile. The hearing shall be held within forty-eight hours if it concerns any apparent abused or neglected child or if it concerns any apparent delinquent child pursuant to § 26-8C-3 or within twenty-four hours if it concerns any apparent child in need of supervision pursuant to § 26-8B-3 , excluding Saturdays, Sundays, and court holidays, after taking the child into temporary custody, unless extended by order of the court. Failure to notify the child's parents, guardian, or custodian, or to inform the Indian custodian or the designated tribal agent, of the temporary custody hearing is not cause for delay of the hearing if the child is represented by an attorney at the hearing. As used in this section, the terms, Indian child, Indian custodian, and Indian child's tribe, are defined as in 25 U.S.C. § 1903, as amended to January 1, 2005.

Source: SDC 1939, § 43.0320 as enacted by SL 1968, ch 164, § 14; SL 1979, ch 171, § 2; SL 1989, ch 226, § 2; SL 1991, ch 217, § 19B; SDCL Supp, § 26-8-19.2; SL 2001, ch 138, § 1; SL 2003, ch 149, § 12; SL 2005, ch 139, § 1; SL 2006, ch 144, § 1.
S.D. Codified Laws § 26-7A-105 — SD Code / Title 26 / Chapter 7A / Section 26-7A-105
Child not disqualified from public office, civil service, or military service--Not a criminal conviction
Status: in_force

No adjudication or disposition under this chapter or chapter 26-8A , 26-8B , or 26-8C may cause disqualification or ineligibility of a child for any public office, civil service, or military service. No child may be termed a criminal because of any adjudication or disposition, nor may any adjudication or disposition be considered to be a conviction.

Source: SDC 1939, § 43.0327; SL 1968, ch 164, § 16; SL 1991, ch 217, § 101B; SDCL, § 26-8-56.
S.D. Codified Laws § 26-5B-202 — SD Code / Title 26 / Chapter 5B / Section 26-5B-202
Exclusive, continuing jurisdiction
Status: in_force

(a) Except as otherwise provided in § 26-5B-204 , a court of this state which has made a child-custody determination consistent with § 26-5B-201 or 26-5B-203 has exclusive, continuing jurisdiction over the determination until:

(1) A court of this state determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships; or

(2) A court of this state or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this state.

(b) A court of this state which has made a child-custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under § 26-5B-201 .

Source: SL 2005, ch 137, § 14.
S.D. Codified Laws § 26-5B-302 — SD Code / Title 26 / Chapter 5B / Section 26-5B-302
Enforcement under Hague Convention
Status: in_force

Under this article a court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child-custody determination.

Source: SL 2005, ch 137, § 24.
S.D. Codified Laws § 26-8B-9 — SD Code / Title 26 / Chapter 8B / Section 26-8B-9
Provisions for violation of terms and conditions
Status: in_force

The following provisions apply if the child is alleged to have violated the terms and conditions of probation and a formal petition is filed with the court:

(1) The court shall set a hearing on the alleged violation and shall give five days' notice to the child, to the child's parents, guardian, or custodian, and to any other parties to the proceedings;

(2) The child and the child's parents, guardian, or custodian shall be given a written statement concerning the alleged violation;

(3) The child may be represented by legal counsel at the probation violation hearing and the child is entitled to the issuance of compulsory process for the attendance of witnesses;

(4) If the court finds by a preponderance of the evidence that the child violated the terms and conditions of probation, the court may modify the terms and conditions of probation, revoke probation, or take other action as permitted by this chapter or chapter 26-7A , according to the least restrictive alternative which is in the best interests of the child and the public, except commitment to the Department of Corrections. The court may only commit a child to the Department of Corrections if the court finds that the violation committed constitutes a new law violation and finds that the aggravated circumstances provided in subdivision 26-8B-6(10) exist;

(5) For the purposes of this section, a new law violation is defined as delinquent behavior pursuant to § 26-8C-2 , a Class 1 misdemeanor violation of title 32, or a violation of § 32-23-21 ; and

(6) If the court finds that the child did not violate the terms and conditions of probation as alleged, the court shall dismiss the proceedings and continue the child on probation under the terms, conditions, and duration previously prescribed. If the duration of probation previously prescribed has expired, the court shall release the child from probation and terminate jurisdiction.

Source: SL 1991, ch 217, § 150C; SL 2015, ch 152, § 31, eff. Jan. 1, 2016.
S.D. Codified Laws § 26-14-3 — SD Code / Title 26 / Chapter 14 / Section 26-14-3
Use of fund--Administrative charges prohibited
Status: in_force

The children's trust fund may be used with any other money otherwise annually appropriated or contributed to nonprofit organizations to establish or continue community - based education programs to prevent the occurrence and recurrence of child abuse and neglect. The department may not assess administrative fees or charges against the fund.

Source: SL 1984, ch 194, § 4; SL 1987, ch 196; SL 1995, ch 153, § 1; SL 2001, ch 147, § 1.
S.D. Codified Laws § 26-5B-303 — SD Code / Title 26 / Chapter 5B / Section 26-5B-303
Duty to enforce
Status: in_force

(a) A court of this state shall recognize and enforce a child-custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter.

(b) A court of this state may utilize any remedy available under other law of this state to enforce a child-custody determination made by a court of another state. The remedies provided in this article are cumulative and do not affect the availability of other remedies to enforce a child-custody determination.

Source: SL 2005, ch 137, § 25.
S.D. Codified Laws § 26-8B-6 — SD Code / Title 26 / Chapter 8B / Section 26-8B-6
Decree of disposition--Contents--Findings
Status: in_force

If a child has been adjudicated as a child in need of supervision, the court shall enter a decree of disposition according to the least restrictive alternative available in keeping with the best interests of the child. The decree shall contain one or more of the following:

(1) The court may place the child on probation pursuant to § 26-8B-8 or under protective supervision in the custody of one or both parents, guardian, custodian, relative, or another suitable person under conditions imposed by the court;

(2) The court may require as a condition of probation that the child participate in a supervised community service program, provided the child is not placed in a detention facility and is not deprived of the schooling that is appropriate to the child's age, needs, and specific rehabilitative goals. The supervised community service program shall be of a constructive nature designed to promote rehabilitation, shall be appropriate to the age level and physical ability of the child, and shall be combined with counseling by a court services officer or other guidance personnel. The supervised community service program assignment shall be made for a period of time consistent with the child's best interests, but may not exceed ninety days;

(3) If the court finds that the child has violated a valid court order, the court may place the child in a detention facility for not more than seven days, including any period of temporary custody pursuant to § 26-8B-3 , for purposes of disposition if:

(a) The child is not deprived of the schooling that is appropriate for the child's age, needs, and specific rehabilitative goals;

(b) The child had a due process hearing before the order was issued; and

(c) A plan of disposition from a court services officer is provided to the court.

The issued order must identify the violated court order, determine detention is the best available placement, specify the length of time the child is to be held in detention, and outline the plan for release of the child from detention;

(4) The court may require the child to pay restitution, as defined in § 23A-28-2 and under conditions set by the court if payment can be enforced without serious hardship or injustice to the child;

(5) The court may place a child in an alternative educational program;

(6) The court may order the child to be examined and treated at the Human Services Center;

(7) The court may impose a fine not to exceed five hundred dollars;

(8) The court may order the suspension or revocation of the child's right to apply for a driving privilege, suspend or revoke an existing driving privilege, or restrict the privilege in such manner as the court sees fit or as required by § 32-12-52.4 , including requiring that financial responsibility be proved and maintained;

(9) The court may assess or charge the same costs and fees as permitted by §§ 16-2-41 , 23-3-52 , 23A-27-26 , 23A-28B-42 , and 23A-27-27 against the child, parent, guardian, custodian, or other party responsible for the child; or

(10) The court may only commit a child to the Department of Corrections if the judge finds that:

(a) No viable alternatives exist;

(b) The Department of Corrections is the least restrictive alternative; and

(c) The court finds from evidence presented at the dispositional hearing or from the pre-dispositional report that the youth presents a significant risk of physical harm to another person.

Any finding made pursuant to this section shall be made in the written decree.

After disposition, but prior to placement in a juvenile correctional facility, a state interagency team comprised of representatives from the Department of Human Services, the Department of Social Services, the Department of Education, the Department of Corrections, and the Unified Judicial System shall make a written finding that placement at a Department of Corrections facility is the least restrictive placement commensurate with the best interests of the child. Subsequent placement in any other Department of Corrections facility may be authorized without an interagency review.

No adjudicated child in need of supervision may be incarcerated in a detention facility except as provided in subdivision (3) of this section and § 26-7A-20 .

Source: SDC 1939, § 43.0319 as enacted by SL 1968, ch 164, § 13; SL 1973, ch 171; SL 1974, ch 179, § 8; SL 1982, ch 200, § 3; SL 1990, ch 196, § 2; SDCL §§ 26-8-39.2, 26-8-40.1; SL 1991, ch 217, § 147B; SDCL § 26-8-39.2; SDCL Supp, § 26-8-40.1; SL 1994, ch 219, § 6; SL 1995, ch 151; SL 1996, ch 172, § 19; SL 1996, ch 180; SL 1998, ch 163, § 2; SL 2000, ch 123, § 1; SL 2001, ch 143, § 1; SL 2003, ch 149, § 6; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2004, ch 182, § 1; SL 2005, ch 120, § 129; SL 2007, ch 163, § 3; SL 2008, ch 139, § 2; SL 2015, ch 152, § 29, eff. Jan. 1, 2016; SL 2016, ch 146, § 7, eff. Mar. 25, 2016; SL 2021, ch 120, § 2.
S.D. Codified Laws § 26-8A-21.2 — SD Code / Title 26 / Chapter 8A / Section 26-8A-21.2
Permanency hearing required if child is not to be returned to parents--Court to determine placement--Final dispositional hearing
Status: in_force

If the court has determined that reasonable efforts to return an adjudicated abused or neglected child to the home of the parent, guardian, or custodian are not appropriate, a permanency hearing shall be held within thirty days after the determination. At the permanency hearing, the court shall determine if:

(1) The child should be placed for adoption. If the court determines that the child should be placed for adoption, the state shall notify the parties of its intent to seek the termination of parental rights if notice has not already been provided;

(2) The child should be referred for legal guardianship;

(3) The child should be placed permanently with a fit and willing relative; or

(4) Only in the case of a child who is sixteen years of age or older, a compelling reason is documented with the court that none of the permanent plans listed in this section would be in the best interest of the child, and the child should be placed in another planned permanent living arrangement. At each permanency hearing for a child placed in another planned permanent living arrangement, the court shall ask the child about the desired permanency outcome for the child and make a judicial determination stating the reasons that another planned permanent living arrangement is the best permanency plan for the child.

The court may immediately proceed with a final dispositional hearing if proper notice of the hearing has been given.

Source: SL 1999, ch 137, § 1; SL 2005, ch 142, § 1; SL 2016, ch 145, § 1.
S.D. Codified Laws § 26-11A-30 — SD Code / Title 26 / Chapter 11A / Section 26-11A-30
Disclosure of identities of juveniles or others requesting assistance not required--Identity of person reporting to monitor to remain confidential
Status: in_force

For purposes of any audit, report, evaluation, or public testimony that may be permitted or required under §§ 26-11A-24 to 26-11A-33 , inclusive, no disclosure of the identity of, or any other personally identifiable information related to, any juvenile or any individual requesting assistance under §§ 26-11A-24 to 26-11A-33 , inclusive, shall be required. The identity of the person making a report to the monitor shall be kept confidential.

Source: SL 2000, ch 128, § 7.
S.D. Codified Laws § 26-4-9.1 — SD Code / Title 26 / Chapter 4 / Section 26-4-9.1
Adoption services program established--Rules adopted
Status: in_force

The Department of Social Services shall establish a program of adoption services. The secretary of social services may adopt reasonable and necessary rules for the operation of the program of adoption services including:

(1) Program administration;

(2) Adoptive applications and placements;

(3) Investigations and studies;

(4) Qualifications for adoptive families;

(5) Postadoptive services;

(6) Protection of records and confidential information required by statutory law to be held confidential; and

(7) Establishing reasonable fees consistent with the costs of such services.

Source: SL 1970, ch 147, § 2; SL 1981, ch 199, § 10.
S.D. Codified Laws § 26-7A-19 — SD Code / Title 26 / Chapter 7A / Section 26-7A-19
Options of court following temporary custody hearing for abused or neglected child
Status: in_force

If the child is an apparent, alleged, or adjudicated abused or neglected child, after the temporary custody hearing the court may:

(1) Order the release of the child from temporary custody, either with or without restriction or condition or upon written promise of the child's parents, guardian, or custodian regarding the care and protection of the child; or

(2) Continue the temporary custody of the child under the terms and conditions for duration and placement that the court requires, including placement of temporary custody of the child with the Department of Social Services, in foster care or shelter. The court and the Department of Social Services shall give placement preference to a relative, custodian, or an individual, not related by birth, adoption, or marriage to the child but who has an emotionally significant relationship with the child, who is available and who has been determined by the department to be qualified, provided that placement with that relative, custodian, or individual is in the best interest of the child. If temporary custody of the child is continued by the court, the court may provide for visitation of the child by the child's parents, guardian, custodian, or family members in keeping with the best interests of the child. If the child is in temporary custody of the Department of Social Services and has not been adjudicated as an abused or neglected child, the court shall review the child's temporary custody placement at least once every sixty days.

As used in this section, the term, relative, means an adult who is related to the child by blood, adoption, or marriage, and who is the child's grandparent, aunt, uncle, sibling, brother-in-law, sister-in-law, niece, nephew, great grandparent, great uncle, great aunt, first cousin, second cousin, stepparent, or stepsibling.

As used in this section, the term, custodian, means an adult who is the biological parent, adoptive parent, or guardian of the child's sibling or half-sibling.

Source: SL 1991, ch 217, § 22A; SL 2005, ch 140, § 1; SL 2018, ch 165, § 1.
S.D. Codified Laws § 26-16-5 — SD Code / Title 26 / Chapter 16 / Section 26-16-5
Terms of written agreement--Filing
Status: in_force

The terms of the written agreement shall provide for the rules under which the team will operate, the method by which information will be shared, distributed, and managed, the means by which the confidentiality of the information will be safeguarded, and any other matters necessary to the purpose and functions of the team. The terms of the written agreement shall also provide how the team will coordinate its efforts with child protection teams as provided in § 26-8A-17 and local interagency teams, if any, as provided in § 27A-15-54 . The written agreement shall be filed with the county auditor.

Source: SL 2005, ch 143, § 5.
S.D. Codified Laws § 26-11A-34 — SD Code / Title 26 / Chapter 11A / Section 26-11A-34
Records to be provided to the court and Department of Social Services
Status: in_force

File material concerning a child under the jurisdiction of the Department of Corrections shall be provided, upon request, to the Department of Social Services for the purposes of developing family service agreements and dispositional recommendations and to the court for use at the disposition.

Source: SL 2007, ch 166, § 3.
S.D. Codified Laws § 26-18-11 — SD Code / Title 26 / Chapter 18 / Section 26-18-11
Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Source: SL 2007, ch 169, § 11.
S.D. Codified Laws § 26-8D-2 — SD Code / Title 26 / Chapter 8D / Section 26-8D-2
Fiscal incentive program for diversion opportunities--Requirements--Allotment of moneys--Report
Status: in_force

The Department of Corrections shall provide a fiscal incentive program to incentivize county use of diversion opportunities. To receive funding from the fiscal incentive program, a county must submit an application to the department before September first of each year.

The application must include data on the number of children annually referred by the county to a diversion program and the number of children referred that successfully complete a diversion program. For each child referred to diversion, the application must specify the type of program or type of diversion the child was referred to, the name and location of each diversion provider, and whether the child completed the diversion program.

Each qualifying county shall receive an allotment of funds based on the number of children referred by the county that complete a court-approved diversion program at a rate of seven hundred and fifty dollars per child. If the number of children completing a diversion program statewide results in an amount that exceeds the allotted funds, the allotted amount for each county must be prorated. The department shall transfer payments to counties on or about November first each year.

The department shall report data collected from participating counties semiannually to the Juvenile Justice Oversight Council.

Source: SL 2015, ch 152, § 5; SL 2024, ch 100, § 1.
S.D. Codified Laws § 26-7A-32 — SD Code / Title 26 / Chapter 7A / Section 26-7A-32
Lien against property of parents for payment of court-appointed attorney--Exceptions--Limitation
Status: in_force

There is hereby created a lien, enforceable as provided in chapter 23A-40 , upon all the property, both real and personal, of the parents, jointly or severally, of any child involved in proceedings under this chapter or chapter 26-8A , 26-8B , or 26-8C to repay funds paid by the county for a court - appointed attorney for the child's parents or by the county or the state for the child. The county, on behalf of the county or the state, shall have a claim against the parents and their estates, jointly or severally, as provided in chapter 23A-40 .

However, except in the case of informal adjustment or suspended imposition of adjudication, no lien or claim against the parents of a child may be created or may arise if the child is not adjudicated to be an abused or neglected child, a child in need of supervision or a delinquent child at the completion of the adjudicatory hearing and the proceedings are terminated.

The lien and claim on the property of the parents of a child pursuant to this section may not exceed one thousand five hundred dollars plus an amount equal to any taxable court costs. This limit does not apply to any claim or lien against the parents of a child adjudicated to be an abused or neglected child.

Source: SL 1989, ch 227, § 1; SL 1991, ch 217, § 39B; SDCL Supp, § 26-8-22.14; SL 2002, ch 122, § 2.
S.D. Codified Laws § 26-11A-1 — SD Code / Title 26 / Chapter 11A / Section 26-11A-1
Establishment, maintenance, and operation of juvenile correctional facilities and programs
Status: in_force

The Department of Corrections shall establish, maintain, and operate such correctional facilities and programs as it determines appropriate to provide appropriate custody and care of juveniles committed to the department pursuant to chapters 26-7A , 26-8B , and 26-8C .

Source: SL 1996, ch 172, § 51.
S.D. Codified Laws § 26-7A-50 — SD Code / Title 26 / Chapter 7A / Section 26-7A-50
Apprehension of child on warrant--Promise of parent, guardian, or custodian to produce child at hearing
Status: in_force

If a warrant is issued for any child whose presence is required by the court, any law enforcement officer may take the child into custody and bring the child before the court. In lieu of taking custody of the child, the court or any officer processing the warrant may accept the verbal or written promise of the child's parents, guardian, or custodian served with the summons to be personally responsible for bringing the child before the court as required by the summons or the warrant or at any other time to which the hearing has been adjourned or continued as determined by the court.

Source: SDC 1939, § 43.0309; SL 1968, ch 164, § 7; SL 1991, ch 217, § 62B; SDCL, § 26-8-19.
S.D. Codified Laws § 26-9-1 — SD Code / Title 26 / Chapter 9 / Section 26-9-1
Contributing to abuse, neglect, or delinquency or causing child to become child in need of supervision as misdemeanor
Status: in_force

Any person who, by any act, causes, encourages, or contributes to the abuse, the neglect, or the delinquency of a child, or any person, other than a parent who, by any act, causes a child to become a child in need of supervision, as such phrases with reference to children are defined by chapters 26-7A , 26-8A , 26-8B , and 26-8C , or who is, in any manner, responsible therefor, is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 43.9901; SL 1988, ch 214; SL 1993, ch 206, § 1.
S.D. Codified Laws § 26-10-28 — SD Code / Title 26 / Chapter 10 / Section 26-10-28
"Child" defined
Status: in_force

For the purposes of §§ 26-10-25 to 26-10-29 , inclusive, a child is any person under the age of eighteen years.

Source: SL 1991, ch 219, § 4.
S.D. Codified Laws § 26-11A-15 — SD Code / Title 26 / Chapter 11A / Section 26-11A-15
Aftercare revocation--Hearing--Notice--Written statement of allegations--Witnesses and evidence--Representation
Status: in_force

If the independent hearing officer finds probable cause that the terms and conditions of aftercare have been violated by committing an act subject to transfer proceedings pursuant to § 26-11-3.1 , a crime of violence pursuant to subdivision 22-1-2(9), sex offense pursuant to § 22-24B-1 , felony sexual registry offense pursuant to chapter 22-24B , or burglary in the second degree pursuant to § 22-32-3 ; or that the juvenile presents a significant risk of physical harm to another person and has committed a new law violation, an aftercare revocation hearing shall be held before a member of the Board of Pardons and Paroles created in § 24-13-1 within thirty days of the temporary detention or shelter hearing. For the purposes of this section, a new law violation is defined as delinquent behavior pursuant to § 26-8C-2 , a Class 1 misdemeanor violation of title 32, or a violation of § 32-23-21 . The juvenile, with the consent of a parent, guardian, or custodian, has the right to waive this hearing at any time after the juvenile is detained and after advisement that waiver of the right to appear before the Board of Pardons and Paroles may result in the juvenile being returned to placement.

If the hearing officer does not find probable cause that the terms and conditions of aftercare have been violated by committing an act subject to transfer proceedings pursuant to § 26-11-3.1 , a crime of violence pursuant to subdivision 22-1-2(9), sex offense pursuant to § 22-24B-1 , felony sexual registry offense pursuant to chapter 22-24B , or burglary in the second degree pursuant to § 22-32-3 ; or that the juvenile presents a significant and likely risk of physical harm to another person and has committed a new law violation, the juvenile shall be returned to aftercare or released.

The member of the board shall set the aftercare revocation hearing and shall give five days notice to the juvenile, to the juvenile's parents, guardian, or custodian, and to any other parties to the hearing.

The juvenile and the juvenile's parents, guardian, or custodian, shall be given a written statement of the allegations against the juvenile.

The juvenile shall have the opportunity to appear in person, present witnesses, or documentary evidence in the juvenile's behalf, and cross-examine witnesses unless the member of the board makes a written determination that doing so is not in the best interests of the juvenile.

The juvenile may be represented by legal counsel at the hearing.

Source: SL 1996, ch 172, § 65; SL 2015, ch 152, § 35, eff. Jan. 1, 2016; SL 2016, ch 146, § 4, eff. Mar. 25, 2016.
S.D. Codified Laws § 26-7A-40 — SD Code / Title 26 / Chapter 7A / Section 26-7A-40
Witness fees and expenses
Status: in_force

The court may authorize the payment of witness fees and necessary travel expenses incurred by persons summoned or otherwise required to appear at hearings under this chapter and chapter 26-8A , 26-8B , or 26-8C . Payment may not exceed the amount allowed to witnesses in the circuit court under the rules of civil procedure.

Source: SDC 1939, § 43.0327 as added by SL 1968, ch 164, § 16; SL 1991, ch 217, § 49B; SDCL, § 26-8-32.2.
S.D. Codified Laws § 26-10-35 — SD Code / Title 26 / Chapter 10 / Section 26-10-35
Depiction of person charged not a defense to juvenile sexting
Status: in_force

It is not a defense to the offense of juvenile sexting that the visual depiction is of the person charged.

Source: SL 2012, ch 148, § 3.
S.D. Codified Laws § 26-7A-32.1 — SD Code / Title 26 / Chapter 7A / Section 26-7A-32.1
Definition of terms regarding competency of juvenile
Status: in_force

Terms used in this chapter mean:

(1) "Mental illness," any diagnosable mental impairment supported by the most current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association;

(2) "Developmental disability," a disability as defined by § 27B-1-18 ; and

(3) "Approved facility," a facility as defined by § 23A-10A-13 .

Source: SL 2013, ch 121, § 1.
S.D. Codified Laws § 26-8C-7 — SD Code / Title 26 / Chapter 8C / Section 26-8C-7
Decree of disposition--Contents--Findings
Status: in_force

If a child has been adjudicated delinquent, the court must enter a decree of disposition according to the least restrictive alternative available in keeping with the best interest of the child. The decree must contain one or more of the following:

(1) The court may require the child to pay restitution, as defined in § 23A-28-2 , and under conditions set by the court, if payment can be enforced without serious hardship or injustice to the child;

(2) The court may impose a fine not to exceed one thousand dollars;

(3) The court may place the child on probation under the supervision of a court services officer or another designated individual pursuant to § 26-8C-14 ;

(4) The court may require the child, as a condition of probation, to participate in a supervised community service program, if the child is not deprived of the schooling that is appropriate for the child's age, needs, and specific rehabilitative goals. The supervised community service program must be of a constructive nature designed to promote rehabilitation, appropriate to the age level and physical ability of the child, and must be combined with counseling by the court services officer or other guidance personnel. The supervised community service program assignment must be made for a period of time consistent with the child's best interests, but for not more than ninety days;

(5) The court may place the child at the Human Services Center for examination and treatment;

(6) The court may place the child in a detention facility for not more than ninety days, which may be in addition to any period of temporary custody;

(7) The court may place the child in an alternative educational program;

(8) The court may order the suspension or revocation of the child's right to apply for a driving privilege, suspend or revoke an existing driving privilege, or restrict the privilege in the manner the court sees fit, including requiring that financial responsibility be proved and maintained;

(9) The court may assess or charge costs and fees permitted by §§ 16-2-41 , 23-3-52 , 23A-27-26 , 23A-28B-42 , and 23A-27-27 against the child, parent, guardian, custodian, or other party responsible for the child; or

(10) The court may commit a child to the Department of Corrections, but only if the judge finds that no viable alternative exists, the Department of Corrections is the least restrictive alternative, and one of the following:

(a) The child is currently adjudicated delinquent for:

(i) An offense eligible for transfer proceedings pursuant to § 26-11-3.1 ;

(ii) A crime of violence pursuant to subdivision 22-1-2 (9);

(iii) A sex crime pursuant to § 22-24B-1 ;

(iv) A felony sexual registry offense pursuant to chapter 22-24B ;

(v) Burglary in the second degree pursuant to § 22-32-3 ; or

(vi) A weapons offense pursuant to § 22-14-5 , 22-14-7 , 22-14-20 , or 23-7-44 , or subdivision 22-30A-17 (2);

(b) The court finds from evidence presented at the dispositional hearing or from the pre-dispositional report that the child presents a significant risk of physical harm to another person;

(c) The child has been previously adjudicated delinquent for separate delinquent acts, arising out of separate and distinct criminal episodes, three or more times within the preceding twelve-month period; or

(d) The court finds from evidence presented at the dispositional hearing or from the pre-dispositional report that the child is at high risk for re-offense based on a validated risk assessment, and the child has either had a previous unsuccessful discharge from probation for a felony offense or is on supervised probation for a felony offense; and

(i) The child has been adjudicated for intentional damage to property and the property damage exceeds five thousand dollars; or

(ii) The child has been adjudicated for a drug distribution offense that is punishable at least as a Class 4 felony.

The court shall make any finding pursuant to this section in the written decree.

Source: SDC 1939, § 43.0312; SDCL § 26-8-40; SL 1968, ch 164, § 9; SL 1974, ch 179, § 9; SDCL Supp, § 26-8-39.1; SL 1982, ch 200, § 2; SL 1991, ch 217, § 159B; SDCL § 26-8-39; SL 1992, ch 183, § 13; SL 1996, ch 172, § 21; SL 2001, ch 144, § 1; SL 2005, ch 120, § 128; SL 2008, ch 139, § 1; SL 2015, ch 152, § 20, eff. Jan. 1, 2016; SL 2016, ch 146, § 1, eff. Mar. 25, 2016; SL 2020, ch 108, § 1; SL 2023, ch 86, § 1; SL 2026, ch 123, § 1.
S.D. Codified Laws § 26-11A-8.1 — SD Code / Title 26 / Chapter 11A / Section 26-11A-8.1
Treatment and aftercare plans--Treatment team meetings
Status: in_force

For any child in the custody of the Department of Corrections and placed in a residential facility, state-run or private, the department shall participate in a monthly treatment team meeting with the residential facility. The department shall:

(1) Review progress on the treatment plan goals and evaluate the effectiveness of the service;

(2) Determine whether any less restrictive treatment alternative is appropriate and available; and

(3) Develop an aftercare plan designed to facilitate release that identifies release options and timeframes, if appropriate.

Each treatment plan shall be designed to achieve release at the earliest possible time and to maximize the child's development and acquisition of skills that enables the child to successfully transition to community living.

The Department of Corrections shall train department staff on effective participation in treatment team meetings.

Source: SL 2015, ch 152, § 10.
S.D. Codified Laws § 26-18-12 — SD Code / Title 26 / Chapter 18 / Section 26-18-12
Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of the act, 15 U.S.C. Section 7001(c), of that act or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U. S.C. Section 7003(b).

Source: SL 2007, ch 169, § 12.
S.D. Codified Laws § 26-7A-117 — SD Code / Title 26 / Chapter 7A / Section 26-7A-117
Maximum age for which committed
Status: in_force

A child may be committed to the Department of Corrections only until the child has attained the age of twenty - one years.

Source: SL 1992, ch 183, § 8; SL 1996, ch 172, § 14.
S.D. Codified Laws § 26-7A-15.1 — SD Code / Title 26 / Chapter 7A / Section 26-7A-15.1
Proceedings under certain chapters to which the Indian Child Welfare Act applies--Procedures
Status: in_force

In any proceeding under chapters 26-7A , 26-8A , or 26-8B , to which the terms of the "Indian Child Welfare Act", 25 U.S.C. § 1901 et seq., as amended to January 1, 2005, apply:

(1) If the state's attorney knows or has reason to know that an Indian child is involved, the state's attorney shall notify the parent or Indian custodian and the Indian child's tribe, if known, of the pending proceedings and of their right of intervention. The notice shall be sent by registered mail with return receipt requested but may be personally served on any person entitled herein to receive notice in lieu of mail service. The notice to the Indian child's tribe shall be sent to the designated tribal agent. However, if the tribe appears by counsel or by a representative of the tribe pursuant to § 26-8A-33 , the notice shall be sent to counsel or to the representative, as applicable. If the identity or location of the parent or Indian custodian and the Indian child's tribe cannot be determined, the notice shall be given to the United States Secretary of the Interior and to the area director for the Bureau of Indian Affairs in like manner, who have fifteen days after receipt to provide the requisite notice to the parent or Indian custodian and the tribe;

(2) The state's attorney shall provide the notice prior to any adjudicatory hearing and prior to any final dispositional hearing in which the state seeks termination of parental rights of one or both parents or termination of the rights of the Indian custodian. However, upon intervention, the parent, tribe, or Indian custodian is entitled to notice in the manner authorized by the Rules of Civil Procedure and chapters 26-7A and 26-8A . The notice shall be served on counsel for the tribe or the representative for the tribe pursuant to § 26-8A-33 , as applicable;

(3) The court shall establish in the record that a notice of the proceeding was provided as required in this section. No foster care placement or termination of parental rights proceedings may be held until at least ten days after receipt of the foregoing notice by the parent or Indian custodian and the tribe or the Secretary. The parent or Indian custodian or the tribe shall, upon request, be granted up to twenty additional days to prepare for the proceeding;

(4) The notice required in this section shall be written in clear and understandable language and shall include the following:

(a) The name and tribal affiliation, if known, of the Indian child;

(b) A copy of the petition unless the notice is served by publication pursuant to § 26-7A-48 ;

(c) The name and address of the state's attorney;

(d) A statement listing the rights of the Indian child's parents, Indian custodians, and tribes, under the Indian Child Welfare Act, 25 U.S.C. § 1901, et. seq., as amended to January 1, 2005, including:

(i) The right of a Indian custodian or the Indian child's tribe to intervene in a proceeding for the foster care placement of, or termination of parental rights to, the Indian child;

(ii) The right to file a motion to transfer the proceeding to the tribal court of the Indian child's tribe;

(iii) The right to be granted up to twenty days from the receipt of the notice to prepare for the proceeding; and

(iv) The right to request that the court grant further extensions of time;

(e) If the petition alleges the child to be an abused or neglected child, a statement that the termination of parental or custodial rights is a possible remedy under the proceedings;

(f) A statement that if the Indian child's parents or Indian custodian are unable to afford counsel, counsel may be appointed to represent them;

(g) A statement in the notice to the tribe that the information contained in the notice, petition, pleading, or other documents are confidential; and

(h) The location, mailing address and telephone number of the court.

The original or a copy of each notice sent pursuant to this section shall be filed with the court together with any return receipts or other proof of service;

(5) Each party may examine all reports or other documents filed with the court upon which any decision with respect to such action may be based.

As used in this section, the terms, Indian, Indian child, parent, Indian custodian, tribe, Indian child's tribe, foster care placement, termination of parental rights, and secretary, are defined as in 25 U.S.C. § 1903, as amended to January 1, 2005.

Source: SL 2005, ch 139, § 2; SL 2006, ch 144, § 3.
S.D. Codified Laws § 26-10-26 — SD Code / Title 26 / Chapter 10 / Section 26-10-26
Date of discovery in child sexual abuse action
Status: in_force

The victim need not establish which act in a series of continuing sexual abuse or exploitation incidents caused the injury complained of, but may compute the date of discovery from the date of discovery of the last act by the same perpetrator which is part of a common course of conduct of sexual abuse or exploitation.

Source: SL 1991, ch 219, § 2.
S.D. Codified Laws § 26-5B-207 — SD Code / Title 26 / Chapter 5B / Section 26-5B-207
Inconvenient forum
Status: in_force

(a) A court of this state which has jurisdiction under this chapter to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or request of another court.

(b) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:

(1) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;

(2) The length of time the child has resided outside this state;

(3) The distance between the court in this state and the court in the state that would assume jurisdiction;

(4) The relative financial circumstances of the parties;

(5) Any agreement of the parties as to which state should assume jurisdiction;

(6) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;

(7) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and

(8) The familiarity of the court of each state with the facts and issues in the pending litigation.

(c) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child-custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

(d) A court of this state may decline to exercise its jurisdiction under this chapter if a child-custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.

Source: SL 2005, ch 137, § 19.
S.D. Codified Laws § 26-8D-1 — SD Code / Title 26 / Chapter 8D / Section 26-8D-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Community response team" or "team," a support team tasked with finding viable community resources to help rehabilitate children alleged to be delinquent and children alleged to be in need of supervision in community-based settings who are at risk for commitment to the Department of Corrections;

(2) "Juvenile cited violation," designated delinquency or children in need of supervision violation handled by law enforcement with the uniform traffic ticket pursuant to § 23-1A-2 ;

(3) "Juvenile Justice Oversight Council," the council established by § 26-8D-7 ;

(4) "Quality assured," monitored to determine the extent to which individuals delivering treatment to juveniles are administering that treatment consistently and as designed;

(5) "Recidivism," for the Department of Corrections for the purposes of this chapter, within one year, two years, or three years of discharge from the custody of the Department of Corrections, a juvenile commitment or conviction in adult court for a felony resulting in a sentence to the Department of Corrections. For the Unified Judicial System for the purposes of this chapter, the term means being adjudicated delinquent while on probation or adjudicated delinquent or convicted of a felony in adult court within one year, two years, or three years after discharge from juvenile probation;

(6) "Risk factors," characteristics and behaviors that, when addressed or changed, affect a child's risk for committing delinquent acts. The term includes prior and current offense history, antisocial behavior, antisocial personality, attitude and thinking about delinquent activity, family dysfunction, low levels of education or engagement in school, poor use of leisure time and recreation, and substance abuse;

(7) "Specialized transition services," independent living; foster care; respite; crisis stabilization; short-term assessment; a residential setting intended to transition the juvenile from a residential treatment center, intensive residential treatment center, or more restrictive group care or juvenile corrections facility; or other transitional setting authorized by the secretary of the Department of Corrections;

(8) "Treatment," when used in a juvenile justice context, targeted interventions that utilize evidence-based practices to focus on juvenile risk factors, to improve mental health, and to reduce the likelihood of delinquent behavior; and

(9) "Validated risk and needs assessment," a tool scientifically proven to identify factors for delinquency and predict a child's risk to reoffend.

Source: SL 2015, ch 152, § 1; SL 2023, ch 87, § 1.
S.D. Codified Laws § 26-11A-19 — SD Code / Title 26 / Chapter 11A / Section 26-11A-19
Reimbursement of expenses--Procedure
Status: in_force

The state shall reimburse the county of this state for expenses the county incurs for the detention of a juvenile pursuant to §§ 26-11A-13 and 26-11A-14 . Upon receipt of the bill, the state shall make reimbursement within thirty days. No county may be reimbursed by the state for costs incurred from detaining a juvenile held for criminal charges unrelated to the juveniles current adjudication and commitment. The county shall be reimbursed by the state auditor upon vouchers approved by the secretary of corrections.

Source: SL 1996, ch 172, § 69.
S.D. Codified Laws § 26-7A-32.5 — SD Code / Title 26 / Chapter 7A / Section 26-7A-32.5
Suspension of proceeding pending competency determination
Status: in_force

Pending an examination ordered pursuant to § 26-7A-32.4 , the court shall suspend the proceeding pending the outcome of a competency determination hearing pursuant to § 26-7A-32.7 . Suspension of the proceeding does not affect the court's ability to detain or release the juvenile.

Source: SL 2013, ch 121, § 5.
S.D. Codified Laws § 26-8E-1 — SD Code / Title 26 / Chapter 8E / Section 26-8E-1
Policy of the judicial system
Status: in_force

Pursuant to § 26-7A-125 , the Supreme Court hereby adopts the following juvenile graduated response grid and rules to guide court services officers in determining the appropriate response to a violation or compliance with the conditions of juvenile probation. It is the policy of the Unified Judicial System that violations of probation be addressed in a timely, consistent and reasonable manner by use of a graduated response grid. The use of graduated sanctions and incentives is intended to achieve public safety by holding juvenile offenders accountable for their behavior and reinforcing positive behavior.

Source: SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
S.D. Codified Laws § 26-8A-14 — SD Code / Title 26 / Chapter 8A / Section 26-8A-14
Immunity from liability
Status: in_force

Any person or party participating in good faith in the making of a report or the submitting of copies of medical examination, treatment, or hospitalization records pursuant to §§ 26-8A-3 to 26-8A-8 , inclusive, or pursuant to any other provisions of this chapter, is immune from any liability, civil or criminal, that might otherwise be incurred or imposed, and has the same immunity for participation in any judicial proceeding resulting from the report. Immunity also extends in the same manner to persons requesting the taking of photographs and X rays pursuant to § 26-8A-16 , to persons taking the photographs and X rays, to child protection teams established by the secretary of social services, to public officials or employees involved in the investigation and treatment of child abuse or neglect or making a temporary placement of the child pursuant to this chapter, or to any person who in good faith cooperates with a child protection team or the Department of Social Services in investigation, placement, or a treatment plan. The provisions of this section or any other section granting or allowing the grant of immunity do not extend to any person alleged to have committed an act or acts of child abuse or neglect.

Source: SL 1964, ch 90, § 3; SL 1980, ch 193, § 4; SL 1984, ch 192, § 11; SL 1991, ch 217, § 122B; SDCL, § 26-10-14 .
S.D. Codified Laws § 26-8A-21.1 — SD Code / Title 26 / Chapter 8A / Section 26-8A-21.1
Exceptions to §26-8A-21
Status: in_force

Nothing in § 26-8A-21 requires reunification of a child with a parent who:

(1) Committed a crime defined in § 22-16-4 , 22-16-7 , 22-16-15 , 22-16-20 , 22-22-1 , 22-22-24.3 , 22-22A-2 , 22-22A-3 , 26-10-1 , or subdivision 22-19-1(5), or committed conduct described by any of those statutes that violated the law or ordinance of another jurisdiction having elements similar to an offense described by any of those statutes;

(2) Aided or abetted, attempted, conspired, or solicited to commit a crime defined in § 22-16-4 , 22-16-7 , 22-16-15 , or 22-16-20 or the law or ordinance of another jurisdiction having elements similar to an offense described by any of those statutes;

(3) Committed a crime defined in § 22-18-1.1 , 22-22-7 , or subdivision 22-23-2(2) against the child or another child of such parent, or committed conduct described by those sections that violated the law or ordinance of another jurisdiction having elements similar to the offense described by those sections;

(4) Has been determined by a court by clear and convincing evidence to have subjected the child or another child to torture, sexual abuse, abandonment for at least six months, chronic physical, mental, or emotional injury, or chronic neglect if the neglect was a serious threat to the safety of the child or another child;

(5) Is incarcerated and is unavailable to care for the child during a significant period of the child's minority, considering the child's age and the child's need for care by an adult;

(6) Has had parental rights to another child involuntarily terminated by a prior legal proceeding;

(7) Has a documented history of abuse and neglect associated with chronic alcohol or drug abuse;

(8) Has exposed the child to or demonstrated an inability to protect the child from substantial harm or the risk of substantial harm, and the child or another child has been removed from the parent's custody because the removed child was adjudicated abused and neglected by a court on at least one previous occasion;

(9) Has exposed the child to or demonstrated an inability to protect the child from substantial harm or the risk of substantial harm, the child has been removed from the parent's custody on two separate occasions, and the Department of Social Services offered or provided family services on each of the two separate occasions the child was removed;

(10) Has exposed the child to or demonstrated an inability to protect the child from substantial harm or risk of harm resulting from a crime, act, or omission as specified in subdivision (1), (2), or (3) of this section; or

(11) Is required to register as a sex offender pursuant to chapter 22-24B .

Source: SL 1998, ch 161, § 2; SL 1999, ch 136, § 1; SL 2001, ch 141, § 1; SL 2007, ch 167, § 1; SL 2012, ch 147, § 1.
S.D. Codified Laws § 26-13-2 — SD Code / Title 26 / Chapter 13 / Section 26-13-2
Department as authority to concur in placement of children
Status: in_force

The term, "appropriate public authorities," as used in Article III of the interstate compact on the placement of children shall, with reference to this state, mean the Department of Social Services and said department shall receive and act with reference to notices required by said Article III.

Source: SL 1974, ch 180, § 3.
S.D. Codified Laws § 26-7A-18 — SD Code / Title 26 / Chapter 7A / Section 26-7A-18
Temporary custody hearing--Best interests of child--Conducted telephonically
Status: in_force

At the temporary custody hearing the court shall consider the evidence of the need for continued temporary custody of the child in keeping with the best interests of the child. The temporary custody hearing may be conducted telephonically when necessary as determined by the court.

Source: SL 1991, ch 217, § 22.
S.D. Codified Laws § 26-8A-29.1 — SD Code / Title 26 / Chapter 8A / Section 26-8A-29.1
Request for hearing by relative denied adoptive placement--Time limits--Intervention
Status: in_force

Except under circumstances where placement was with another relative of the child, any relative who has been denied adoptive placement by the Department of Social Services may request a hearing to determine if the placement was an abuse of discretion. The request shall be filed with the circuit court having jurisdiction pursuant to § 26-8A-29 and shall be filed within thirty days of written notification from the department by regular mail to the relative's last known address. The hearing shall be held within thirty days of the filing of the request for hearing and may be continued for not more than thirty days upon good cause shown. The relative shall be granted limited intervention only for the purpose of the placement review hearing.

No intervention may be allowed in a proceeding involving an apparent, alleged, or adjudicated abused or neglected child, including an adoption or guardianship proceeding for a child placed in the custody of the Department of Social Services pursuant to § 26-8A-27 , except as provided by this chapter and under the Indian Child Welfare Act, (25 U.S.C. §§ 1901 to 1963, inclusive), as amended to January 1, 2019.

Source: SL 2005, ch 140, § 3; SL 2019, ch 127, § 6.
S.D. Codified Laws § 26-6-42 — SD Code / Title 26 / Chapter 6 / Section 26-6-42
Child-placement agency may not decline service on basis of race, ethnicity, or national origin
Status: in_force

No provision of §§ 26-6-36 to 26-6-50 , inclusive, may be construed to allow a child-placement agency to decline to provide a service on the basis of a person's race, ethnicity, or national origin. Due regard shall be afforded to the Indian Child Welfare Act (25 U.S.C. §§ 1901-1963), if that Act is applicable.

Source: SL 2017, ch 114, § 7; SL 2019, ch 127, § 4.
S.D. Codified Laws § 26-8B-3 — SD Code / Title 26 / Chapter 8B / Section 26-8B-3
Circumstances requiring release--Circumstances allowing detention--Length of detention
Status: in_force

An apparent or alleged child in need of supervision taken into temporary custody by a law enforcement officer prior to a temporary custody hearing shall be released to the child's parents, guardian, or custodian unless the parents, guardian, or custodian cannot be located or in the judgment of the intake officer are not suitable to receive the child, in which case the child shall be placed in shelter. A child may be placed in detention for no more than twenty - four hours, excluding Saturdays, Sundays, and court holidays, if the intake officer finds that the parents, guardian, or custodian are not available or are not suitable to receive the child, and finds at least one of the following circumstances exists:

(1) The child has failed to comply with court services or a court - ordered program;

(2) The child is being held for another jurisdiction as a parole or probation violator, as a runaway or as a person under court - ordered detention;

(3) The child has a demonstrated propensity to run away from the child's home, from court - ordered placement outside of the child's home or from agencies charged with providing temporary care for the child;

(4) The child is under court - ordered home detention in this jurisdiction; or

(5) There are specific, articulated circumstances which justify the detention for the protection of the child from potentially immediate harm to the child or to others.

The shelter or detention authorized shall be the least restrictive alternative available. The child may be held in detention up to an additional twenty - four hours following the temporary custody hearing pending transfer to shelter or release.

If the child is accused of or has been found in violation of a valid court order, the child may be placed in detention for more than twenty - four hours, if a temporary custody hearing, pursuant to § 26-7A-14 , is held within twenty - four hours of the child being placed in a detention facility, an interview is conducted with the child, a written assessment of the child's immediate needs is provided at the temporary custody hearing, and a written order is issued that identifies the violated court order, determines detention is the best available placement, specifies the length of time the child is to be held in detention, and outlines the plan for release of the child from detention. The interview and assessment may be conducted by law enforcement, states attorney, court services, or other public employee. The child may not be held in detention more than seven days.

If the child is being held for another jurisdiction as a parole or probation violator, as runaway or as a person under court - ordered detention, the child may be placed in detention for more than twenty - four hours, and up to seven days, if a temporary custody hearing, pursuant to § 26-7A-14 , is held within twenty - four hours of the child being placed in a detention facility.

Source: SL 1989, ch 228, § 4; SL 1991, ch 217, § 143B; SDCL Supp, § 26-8-23.4; SL 1992, ch 183, § 1; SL 1994, ch 219, § 3; SL 1995, ch 148, § 4; SL 1996, ch 172, § 18; SL 1997, ch 158, § 4; SL 2003, ch 149, § 5; SL 2021, ch 120, § 1.
S.D. Codified Laws § 26-8D-3 — SD Code / Title 26 / Chapter 8D / Section 26-8D-3
Treatment for juvenile system involved youth
Status: in_force

The Department of Social Services may provide for and implement treatment for juvenile system involved youth. The Department of Social Services, in coordination with the Department of Corrections and Unified Judicial System, shall identify community-based treatment to be made available to juveniles with justice system involvement based on the needs of the youth. The Unified Judicial System and the Department of Corrections shall annually provide aggregated risk factor data to the Department of Social Services. Any treatment identified for implementation shall be quality assured and shown through research or documented evidence to reduce recidivism and other juvenile risk factors.

In cooperation with the Department of Corrections and the Unified Judicial System, the Department of Social Services shall establish a juvenile treatment referral process incorporating a risk and needs assessment tool for use by the Unified Judicial System and Department of Corrections, and supplemental mental health and substance abuse screening tools.

The Department of Corrections and Unified Judicial System shall use a validated risk and needs assessment, and either a mental health or substance abuse assessment, or both, if the risk and needs assessment indicates a mental health or substance abuse issue, to guide referrals to interventions identified under this section, consistent with the process established by the Department of Social Services.

Source: SL 2015, ch 152, § 6.
S.D. Codified Laws § 26-14-2 — SD Code / Title 26 / Chapter 14 / Section 26-14-2
Acceptance of contributions
Status: in_force

The state treasurer may receive, by gift or devise, contributions, grants, or gifts in cash or otherwise from persons, associations, or corporations to be deposited in the children's trust fund.

Source: SL 1984, ch 194, § 3.
S.D. Codified Laws § 26-7A-107 — SD Code / Title 26 / Chapter 7A / Section 26-7A-107
Order of protection--Authorized provisions--Termination, modification or extension of order
Status: in_force

The court may make an order of protection in assistance of, or as a condition of, any decree of disposition authorized by this chapter or chapter 26-8A , 26-8B , or 26-8C . The order of protection may set forth reasonable conditions of behavior to be observed for a specified period by the child's parents, guardian, custodian, or any other person who is a party to such proceedings.

The order of protection may require any concerned person or party:

(1) To stay away from a child or the child's home;

(2) To permit a parent or other person to visit a child at stated periods and places, with or without supervision;

(3) To abstain from offensive conduct against a child or the child's parents, guardian, custodian, or any other person having custody or temporary care of the child;

(4) To give proper attention to the care, maintenance, and supervision of the child, and the child's home;

(5) To cooperate in good faith with the Department of Social Services, court services, or any other agency which has been given custody or temporary custody of a child, which is providing protective supervision or probation supervision of a child pursuant to court order, or to which the child has been referred by the court;

(6) To refrain from acts of commission or omission that tend to make a home an improper place for a child;

(7) To pay child support and all statutory fees and costs related to expenses incurred on behalf of the child, or any portion of them, as determined by the court;

(8) To cooperate with and participate in any physical or mental examination or evaluation, counseling, treatment, therapy, or child care or parenting classes considered necessary by the court for the benefit of the child;

(9) To take all reasonable steps necessary to insure the child's regular school attendance;

(10) To eliminate the specific conditions constituting or contributing to the problems which led to juvenile court action; and

(11) To take all reasonable steps necessary to insure the child's completion of court - ordered sanctions, treatment, therapy, counseling, or rehabilitation.

After notice and opportunity for a hearing is given to any person or party subject to an order of protection, the order may be terminated, modified, or extended for a specified period of time if the court finds it in the best interests of the child, the public and the state. This provision is in addition to, and not a limitation of, §§ 26-7A-107.1 and 26-7A-107.2 .

Source: SDC 1939, § 43.0328 as added by SL 1968, ch 164, § 17; SL 1990, ch 198, § 1; SL 1991, ch 217, § 103B; SDCL Supp, § 26-8-59; SL 1996, ch 177, § 1.
S.D. Codified Laws § 26-18-7 — SD Code / Title 26 / Chapter 18 / Section 26-18-7
Factors to determine risk of abduction
Status: in_force

(a) In determining whether there is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner or respondent:

(1) Has previously abducted or attempted to abduct the child;

(2) Has threatened to abduct the child;

(3) Has recently engaged in activities that may indicate a planned abduction, including:

(A) Abandoning employment;

(B) Selling a primary residence;

(C) Terminating a lease;

(D) Closing bank or other financial management accounts, liquidating assets, hiding or destroying financial documents, or conducting any unusual financial activities;

(E) Applying for a passport or visa or obtaining travel documents for the respondent, a family member, or the child; or

(F) Seeking to obtain the child's birth certificate or school or medical records;

(4) Has engaged in domestic violence, stalking, or child abuse or neglect;

(5) Has refused to follow a child-custody determination;

(6) Lacks strong familial, financial, emotional, or cultural ties to the state or the United States;

(7) Has strong familial, financial, emotional, or cultural ties to another state or country;

(8) Is likely to take the child to a country that:

(A) Is not a party to the Hague Convention on the Civil Aspects of International Child Abduction and does not provide for the extradition of an abducting parent or for the return of an abducted child;

(B) Is a party to the Hague Convention on the Civil Aspects of International Child Abduction but:

(i) The Hague Convention on the Civil Aspects of International Child Abduction is not in force between the United States and that country;

(ii) Is noncompliant according to the most recent compliance report issued by the United States Department of State; or

(iii) Lacks legal mechanisms for immediately and effectively enforcing a return order under the Hague Convention on the Civil Aspects of International Child Abduction;

(C) Poses a risk that the child's physical or emotional health or safety would be endangered in the country because of specific circumstances relating to the child or because of human rights violations committed against children;

(D) Has laws or practices that would:

(i) Enable the respondent, without due cause, to prevent the petitioner from contacting the child;

(ii) Restrict the petitioner from freely traveling to or exiting from the country because of the petitioner's gender, nationality, marital status, or religion; or

(iii) Restrict the child's ability legally to leave the country after the child reaches the age of majority because of a child's gender, nationality, or religion;

(E) Is included by the United States Department of State on a current list of state sponsors of terrorism;

(F) Does not have an official United States diplomatic presence in the country; or

(G) Is engaged in active military action or war, including a civil war, to which the child may be exposed;

(9) Is undergoing a change in immigration or citizenship status that would adversely affect the respondent's ability to remain in the United States legally;

(10) Has had an application for United States citizenship denied;

(11) Has forged or presented misleading or false evidence on government forms or supporting documents to obtain or attempt to obtain a passport, a visa, travel documents, a Social Security card, a driver's license, or other government-issued identification card or has made a misrepresentation to the United States government;

(12) Has used multiple names to attempt to mislead or defraud; or

(13) Has engaged in any other conduct the court considers relevant to the risk of abduction.

(b) In the hearing on a petition under this chapter, the court shall consider any evidence that the respondent believed in good faith that the respondent's conduct was necessary to avoid imminent harm to the child or respondent and any other evidence that may be relevant to whether the respondent may be permitted to remove or retain the child.

Source: SL 2007, ch 169, § 7.
S.D. Codified Laws § 26-8A-20 — SD Code / Title 26 / Chapter 8A / Section 26-8A-20
Appointment of representative of child's best interest--Duties
Status: in_force

If a child is an apparent or alleged abused or neglected child, the court may appoint a special advocate to represent the best interests of the child and to assist the child's attorney. If a child has been adjudicated an abused or neglected child and is removed from the child's home with the child's parents, guardian, or custodian, the court shall appoint a special advocate if available, and may appoint a guardian ad litem when determined necessary by the court, to represent the best interests of the child and to assist the child's attorney. The guardian ad litem or special advocate is an officer of the court for the purpose of representing the child's best interests. The guardian ad litem or special advocate shall receive all reports concerning the child and may cause the case to be reviewed by the court pursuant to § 26-8A-24 .

Source: SL 1985, ch 214, § 2; SL 1991, ch 217, § 128B; SDCL Supp, § 26-8-35.3; SL 2009, ch 137, § 1; SL 2022, ch 83, § 1.
S.D. Codified Laws § 26-7A-21 — SD Code / Title 26 / Chapter 7A / Section 26-7A-21
Release of delinquent child after temporary custody hearing--Exceptions
Status: in_force

If the child is an apparent, alleged, or adjudicated delinquent child, after the temporary custody hearing the court shall release the child from temporary custody to the child's parents, guardian, or custodian, with or without restriction or condition or upon written promise of the child's parents, guardian, or custodian regarding the custody and supervision of the child and the subsequent appearance of the child in court at a time, date, and place to be determined by the court, unless the court finds that the child should continue to be held in temporary custody of court services for any of the following reasons:

(1) The child is a fugitive from another jurisdiction;

(2) The child is charged with a violation of § 22-22-7 , a crime of violence under subdivision 22-1-2 (9), or a property crime, which, if committed by an adult, would be a felony;

(3) The child is already held in detention or on conditional release in connection with another delinquency proceeding;

(4) The child has a demonstrable recent record of willful failures to appear at juvenile court proceedings;

(5) The child has a demonstrable recent record of violent conduct;

(6) The child has a demonstrable recent record of adjudications for serious property offenses;

(7) The child is still under the influence of alcohol, inhalants, or a controlled drug or substance;

(8) The child has failed to comply with court services or a court ordered program; or

(9) There are specific, articulated circumstances that justify detention, not to exceed five days, for the protection of the child from potentially immediate harm to the child or to others.

Source: SL 1991, ch 217, § 22C; SL 1995, ch 148, § 7; SL 1996, ch 172, § 5; SL 1997, ch 158, § 2; SL 2024, ch 98, § 2.
S.D. Codified Laws § 26-8A-26 — SD Code / Title 26 / Chapter 8A / Section 26-8A-26
Termination of parental rights--Return of child to parents or continued placement--Annual permanency hearing for child in foster care
Status: in_force

If an adjudicated, abused, or neglected child whose parental rights have not been terminated has been in the custody of the Department of Social Services and it appears at a dispositional or review hearing that all reasonable efforts have been made to rehabilitate the family, that the conditions which led to the removal of the child still exist, and there is little likelihood that those conditions will be remedied so the child can be returned to the custody of the child's parents, the court shall affirmatively find that good cause exists for termination of the parental rights of the child's parents and the court shall enter an order terminating parental rights. If the court does not find at the hearing, which shall be conducted in the same manner as a dispositional hearing, that good cause exists for termination of parental rights, the court may make further disposition of the child as follows:

(1) Return custody of the child to the child's parents, guardian, or custodian, with or without supervision during which the court may require the parent, guardian, custodian, and any other adult residing in the home, to cooperate with home visits by the department and may require the parent, guardian, custodian, and any other adult residing in the home, to submit, at the request of the department, to tests for alcohol, marijuana, or any controlled drug or substance. If the adjudication of abuse or neglect was related to the use of alcohol, marijuana, or any controlled drug or substance, the parent, guardian, or custodian, and any other adult residing in the home, may be required, in those areas where such testing is available, to submit to regular tests for alcohol, marijuana, or any controlled drug or substance. If a positive test for alcohol, marijuana, or any controlled drug or substance is obtained, or if the person fails to submit to the test as required, the department may immediately remove the child from the physical custody of the parent, guardian, custodian, or any other adult residing in the home whose test was positive or who failed to submit to the test, without prior court order subject to a review hearing, which may be telephonic, within forty-eight hours excluding Saturdays, Sundays, and court holidays. As used herein, any controlled drug or substance means a controlled drug or substance which was not lawfully prescribed by a practitioner as authorized by chapters 22-42 and 34-20B ;

(2) Continue foster care placement of the child for a specified period of time, and, if the child is sixteen years of age or older, direct the department to determine the services needed to assist the child to make the transition from foster care to independent living and, if appropriate, provide a plan for independent living for the child;

(3) Place the child who is sixteen years of age or older in the custody of the department or a child placement agency, with or without guardianship of the child, in another planned permanent living arrangement following a determination that a compelling reason exists that the placement is more appropriate than adoption or with a relative or with a legal guardian other than the department and under a court-approved plan that determines visitation rights of the child's parents, guardian, or custodian. Under this subdivision, the court may retain jurisdiction of the action and proceedings for future consideration of termination of parental rights if termination of parental rights is the least restrictive alternative available in keeping with the best interests of the child.

In no case may a child remain in foster care for a period in excess of twelve months from the time the child entered foster care without the court holding a permanency hearing and making a dispositional decree setting forth one of the above options. The court shall review the child's permanency status and make a dispositional decree every twelve months thereafter as long as the child continues in the custody of the department. The court shall determine whether the state has made reasonable efforts to finalize the permanency plan that is in effect. That determination shall be included in the dispositional decree.

Source: SL 1981, ch 203, § 2; SL 1991, ch 217, § 135B; SDCL § 26-8-35.2; SL 1992, ch 183, §§ 12, 20; SL 1997, ch 160, § 1; SL 1998, ch 161, § 3; SL 1999, ch 137, § 3; SL 2001, ch 142, § 3; SL 2007, ch 4, § 14; SL 2016, ch 145, § 3.
S.D. Codified Laws § 26-7A-29 — SD Code / Title 26 / Chapter 7A / Section 26-7A-29
Release of information to persons, agencies, or facilities with legitimate interest in child
Status: in_force

Notwithstanding §§ 26-7A-27 and 26-7A-28 , information concerning children may be released, pursuant to an order of the court, to persons or agencies who have a legitimate interest in the child, to the child's parents, guardian, or custodian, or to the child's attorney. The Department of Social Services may release information pursuant to provisions of § 26-8A-13 regarding apparent, alleged, or adjudicated abused or neglected children. Any correctional or detention facility may release information concerning any child to any other correctional or detention facility that has a legitimate interest in the child.

Source: SL 1990, ch 194; SL 1991, ch 217, § 36B; SDCL Supp, § 26-8-19.9; SL 1992, ch 186; SL 1999, ch 133, § 1.
S.D. Codified Laws § 26-9-7 — SD Code / Title 26 / Chapter 9 / Section 26-9-7
Liberal construction for protection of child
Status: in_force

This chapter and chapters 26-7A , 26-8A , 26-8B , and 26-8C shall be liberally construed in favor of the state for the purposes of the protection of the child from neglect or omission of parental duty toward the child by its parents, as well as to protect the children of the state from the effects of the improper conduct, acts, or the bad example of any person or persons whomsoever, which may be calculated to cause, encourage, or contribute to the dependency or delinquency of children, although such persons are in no way related to the child.

Source: SDC 1939, § 43.0409 (2).
S.D. Codified Laws § 26-6-23.2 — SD Code / Title 26 / Chapter 6 / Section 26-6-23.2
Central registry background checks on employees
Status: in_force

The department shall conduct central registry background checks on all known employees of any child welfare agency.

Source: SL 1988, ch 211, § 3.
S.D. Codified Laws § 26-7A-46 — SD Code / Title 26 / Chapter 7A / Section 26-7A-46
Hearing on petition upon waiver of notice
Status: in_force

If all persons and parties named in the summons and entitled to notice of hearing on the petition, including any attorney for the child, file a written request with the court that the child be declared to be an abused or neglected child, a child in need of supervision or a delinquent child, if all the parties voluntarily appear in court and orally waive notice of hearing on the petition, or if all the parties file with the court written waiver of notice on the petition, the court may proceed with the hearing on the petition with the concurrence of the parties.

Source: SDC 1939, § 43.0307; SL 1991, ch 217, § 58B; SDCL, § 26-8-14.
S.D. Codified Laws § 26-7A-6 — SD Code / Title 26 / Chapter 7A / Section 26-7A-6
Liberal construction for protection of child
Status: in_force

Provisions of this chapter and chapters 26-8A , 26-8B , and 26-8C shall be liberally construed in favor of the child, the child's parents, and the state for the purposes of protecting the child from abuse or neglect by the child's parents, guardian, or custodian and for the purposes of affording guidance, control, and rehabilitation of any child in need of supervision or any delinquent child.

Source: SDC 1939, § 43.0409 (2); SL 1991, ch 217, § 5B; SDCL, § 26-8-2.
S.D. Codified Laws § 26-15-3 — SD Code / Title 26 / Chapter 15 / Section 26-15-3
Periodic offering of program--Notice to parents
Status: in_force

The fingerprinting program developed pursuant to this chapter shall be offered on a periodic basis. Parents, guardians, legal custodians, and residents of school districts shall be notified of the program by means of memoranda or letters sent to these persons, by newspaper articles or by other reasonable means.

Source: SL 1985, ch 217, § 3.
S.D. Codified Laws § 26-9-8 — SD Code / Title 26 / Chapter 9 / Section 26-9-8
Criminal proceedings under other laws not prevented
Status: in_force

Nothing in this chapter may be construed to be in conflict with or to repeal or prevent proceedings under any law of this state which may have otherwise defined any specific act of any person as a crime of any character, which act might also constitute contributory abuse, contributory neglect, or contributory delinquency, or to prevent or interfere with proceedings under any such law.

Source: SDC 1939, § 43.0409 (3); SL 1993, ch 206, § 4.
S.D. Codified Laws § 26-6-20.10 — SD Code / Title 26 / Chapter 6 / Section 26-6-20.10
Escheat of unclaimed property under specified value after death of resident--Notice to relatives--Time--Disposition of property or money
Status: in_force

If, upon the death of a resident and after notification to a known guardian or conservator or relatives of property belonging to the resident, not exceeding two hundred dollars in value, the property remains unclaimed for sixty days, such property shall escheat directly to the state notwithstanding chapter 21-36 . The home, center, or other facility shall notify the office of surplus property of the unclaimed property. However, all money, stocks, bonds, contracts, and claims on banks which can readily be converted to money shall be sent to the state treasurer for deposit in the general fund.

Source: SL 1977, ch 279, § 10; SL 1993, ch 213, § 118.
S.D. Codified Laws § 26-10-33 — SD Code / Title 26 / Chapter 10 / Section 26-10-33
Juvenile sexting prohibited--Violation as misdemeanor
Status: in_force

No minor, as defined in subdivision 26-7A-1 (21), may intentionally create, produce, distribute, present, transmit, post, exchange, disseminate, or possess, through any computer or digital media, any photograph or digitized image or any visual depiction of a minor in any condition of nudity, as defined in subdivision 22-24A-2 (10), or involved in any prohibited sexual act, as defined in subdivision 22-24A-2 (17). Any violation of this section constitutes the offense of juvenile sexting, which is a Class 1 misdemeanor.

Source: SL 2012, ch 148, § 1; SL 2024, ch 87, § 14.
S.D. Codified Laws § 26-5B-112 — SD Code / Title 26 / Chapter 5B / Section 26-5B-112
Cooperation between courts--Preservation of records
Status: in_force

(a) A court of this state may request the appropriate court of another state to:

(1) Hold an evidentiary hearing;

(2) Order a person to produce or give evidence pursuant to procedures of that state;

(3) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;

(4) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and

(5) Order a party to a child-custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.

(b) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (a).

(c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) may be assessed against the parties according to the law of this state.

(d) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child-custody proceeding until the child attains eighteen years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.

Source: SL 2005, ch 137, § 12.
S.D. Codified Laws § 26-9-13 — SD Code / Title 26 / Chapter 9 / Section 26-9-13
Enforcement of sentence after suspension or stay--Commencement of jail term
Status: in_force

If any person has been found guilty of contributory abuse, contributory neglect, or contributory delinquency, and the court has suspended the execution of the sentence during the good behavior and satisfactory conduct of the defendant or upon any other terms and conditions which may have been imposed by the court, if it appears to the satisfaction of the court at any time during such suspended sentence or stay of execution that it ought to be enforced, the court may thereupon enforce the same, and any jail sentence thereunder shall commence from the date upon which such sentence is ordered to be enforced.

Source: SDC 1939, § 43.0405; SL 1993, ch 206, § 6.
S.D. Codified Laws § 26-7A-43 — SD Code / Title 26 / Chapter 7A / Section 26-7A-43
Petition alleging abused or neglected child, child in need of supervision or delinquent child--Required information--Verification
Status: in_force

A state's attorney may file with the clerk of courts a written petition alleging a child, located or residing in the county, to be an abused or neglected child, a child in need of supervision, or a delinquent child, as defined by this chapter or chapter 26-8A , 26-8B , or 26-8C . The petition shall include the following:

(1) The child's name, date of birth, and residence;

(2) The names and residences of the child's parents, guardian, or custodian, or, if not known, of the child's nearest known relatives;

(3) A statement of the facts that bring the child within the court's jurisdiction;

(4) A request that the court adjudicate the child to be an abused or neglected child, a child in need of supervision or a delinquent child, according to applicable statutory definitions, and that appropriate proceedings be conducted regarding adjudication and disposition; and

(5) A statement as to whether or not the Indian Child Welfare Act appears to be applicable.

Two or more children having one or more common parent, guardian, or custodian and a common home environment may be included in the same petition.

If the petition alleges a child to be an abused or neglected child, the petition shall recite that the action is brought by the state on behalf of the South Dakota Department of Social Services. Petitions filed regarding an alleged child in need of supervision or a delinquent child shall be on behalf of the state.

Affidavits of social workers of the Department of Social Services, law enforcement officers, or court services officers may be incorporated by reference as part of the petition.

The child's parents, guardian, or custodian, as applicable, shall be included as named respondents in the petition.

The petition may be made upon information and belief. If the petition is signed by a party other than a state's attorney, the petition shall be verified.

Source: SDC 1939, § 43.0305; SL 1968, ch 164, § 5; SL 1991, ch 217, § 52B; SDCL, § 26-8-10.
S.D. Codified Laws § 26-8D-10 — SD Code / Title 26 / Chapter 8D / Section 26-8D-10
Community response teams--Purpose--Members--Confidentiality of records
Status: in_force

The presiding judge of each judicial circuit may appoint one or more community response teams to assist judges by recommending viable community-based interventions for children alleged to be delinquent and children alleged to be in need of supervision. Each team appointed must include the court services officer in the jurisdiction where the team is to operate, a representative of a public school district in which the team is to operate, and designees of the secretaries of the Departments of Social Services and Corrections. Each team may include one or more representatives of the public. The Unified Judicial System shall maintain a record of the membership of each team and report nonidentifying data to the oversight council. The team may operate telephonically or through electronic communications.

The records prepared or maintained by the team are confidential. However, the records may be inspected by, or disclosed to, justices, judges, magistrates, and employees of the Unified Judicial System in the course of their duties; the attorney for the child and child's parents, guardian, or other custodian; the state's attorney prosecuting the case; and to any person specifically authorized by order of the court. The record of the team may only be released to a third party upon good cause shown to the satisfaction of the court that the release is necessary and the information contained in the record is not available elsewhere.

Source: SL 2015, ch 152, § 14, eff. Jan. 1, 2016; SL 2023, ch 87, § 2.
S.D. Codified Laws § 26-13-8 — SD Code / Title 26 / Chapter 13 / Section 26-13-8
Placement of child in another state--Retention of jurisdiction by court
Status: in_force

Any court having jurisdiction to place delinquent children may place such a child in an institution or in another state pursuant to Article V of the interstate compact on the placement of children and shall retain jurisdiction as provided in Article V thereof.

Source: SL 1974, ch 180, § 8.
S.D. Codified Laws § 26-7A-102 — SD Code / Title 26 / Chapter 7A / Section 26-7A-102
Jurisdiction of court
Status: in_force

If the court commits the child to the Department of Corrections, the court's jurisdiction shall be limited to § 26-7A-122 . In all other cases, court has continuing jurisdiction over children placed or committed under this chapter or chapter 26-8A , 26-8B , or 26-8C regardless of the location of the children.

Source: SDC 1939, § 43.0328; SL 1968, ch 164, § 17; SL 1991, ch 217, § 97B; SDCL, § 26-8-50; SL 1996, ch 172, § 11.
S.D. Codified Laws § 26-7A-91 — SD Code / Title 26 / Chapter 7A / Section 26-7A-91
Notice of entry of order of adjudication or final decree--Service of publication
Status: in_force

Notice of entry of an order of adjudication or a final decree of disposition in any case shall be served on the parties to the action. The notice of entry may be served by publication in the same manner as service of summons in the actions. If notice of entry is served by publication, the service shall be considered completed five days after the date of publication of the notice of entry. Time for appeal shall commence on the next day following the date of completed service of the notice of entry.

Source: SL 1991, ch 217, § 84.
S.D. Codified Laws § 26-8E-6 — SD Code / Title 26 / Chapter 8E / Section 26-8E-6
Sanctions grid--Documentation for sanction or incentive
Status: in_force

A court services officer shall respond to a violation through the application of the sanctions grid by utilizing the appropriate cells based on the juvenile probationer's risk level and the type of violation. The imposition of sanctions within a grid cell is vested to the discretion of the supervising court services officer. A court services officer may deviate up or down from the cell with supervisor approval. Not all responses in each grid may be appropriate for all violations or for all juvenile probationers. Graduated responses may be used individually or in combination and include formal and informal responses to probation violations. The imposition of any sanction or incentive shall be documented by the court services officer.

Source: SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
S.D. Codified Laws § 26-8A-8 — SD Code / Title 26 / Chapter 8A / Section 26-8A-8
Oral report of abuse or neglect--To whom made--Response report
Status: in_force

The reports required by §§ 26-8A-3 , 26-8A-6 , and 26-8A-7 and by other sections of this chapter shall be made orally and immediately by telephone or otherwise to the state's attorney of the county in which the child resides or is present, to the Department of Social Services or to law enforcement officers. The mandatory reporter who witnessed the disclosure or evidence of the abuse or neglect must be available to answer questions when the initial report is made pursuant to this section. The state's attorney or law enforcement officers, upon receiving a report, shall immediately notify the Department of Social Services. Any person receiving a report of suspected child abuse or child neglect shall keep the report confidential as provided in § 26-8A-13 , except as otherwise provided in chapter 26-7A or this chapter.

The person receiving a report alleging child abuse or neglect shall ask whether or not the reporting party desires a response report. If requested by the reporting person, the Department of Social Services or the concerned law enforcement officer shall issue within thirty days, a written acknowledgment of receipt of the report and a response stating whether or not the report will be investigated.

Source: SL 1964, ch 90, § 2; SL 1973, ch 172, § 2; SL 1975, ch 179, § 3; SL 1980, ch 192, § 1; SL 1984, ch 192, § 3; SL 1991, ch 217, § 117B; SDCL § 26-10-12; SL 2015, ch 151, § 1.
S.D. Codified Laws § 26-6-14.6 — SD Code / Title 26 / Chapter 6 / Section 26-6-14.6
Meaning of conviction--Evidence of conviction
Status: in_force

For purposes of §§ 26-6-14.3 to 26-6-14.7 , inclusive, or any other provision of this chapter, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere in this state or any other state. Any action which the department is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal. For purposes of §§ 26-6-14.3 to 26-6-14.7 , inclusive, or any other provision of this chapter, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction.

Source: SL 1988, ch 208, § 4.
S.D. Codified Laws § 26-5B-311 — SD Code / Title 26 / Chapter 5B / Section 26-5B-311
Warrant to take physical custody of child
Status: in_force

(a) Upon the filing of a petition seeking enforcement of a child-custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this state.

(b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by § 26-5B-308(b).

(c) A warrant to take physical custody of a child must:

(1) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;

(2) Direct law enforcement officers to take physical custody of the child immediately; and

(3) Provide for the placement of the child pending final relief.

(d) The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.

(e) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.

(f) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.

Source: SL 2005, ch 137, § 33.
S.D. Codified Laws § 26-7A-128 — SD Code / Title 26 / Chapter 7A / Section 26-7A-128
Admission or denial of alleged juvenile cited violation--Procedure
Status: in_force

If the state's attorney elects to proceed on the citation pursuant to subdivision 26-7A-10(3), the child shall be asked for an admission or denial of the alleged violation. If the child admits to the violation, the court shall accept the admission and enter a judgment pursuant to § 26-7A-129 . If the child denies committing the violation, the case may be tried according to procedure adopted by the presiding judge of each judicial circuit and approved by the Supreme Court, but a jury trial may not be granted.

If the child fails to appear in court at the time set in the citation or set by subsequent postponement, the court may either issue a summons to appear and set a new date for hearing to show cause, the court may consider that failure to appear constitutes an admission to the allegations contained in the complaint and may accordingly enter a judgment for payment, or may grant permission to the state's attorney to file a petition pursuant to subdivision 26-7A-10(5).

If the child fails to comply with the terms of the judgment, the court may issue a summons to appear and show cause, or assess against the child's parents or guardians the amount of the citation and any restitution owed pursuant to § 26-7A-129 or may grant permission to the state's attorney to file a petition pursuant to subdivision 26-7A-10(5).

Source: SL 2015, ch 152, § 39, eff. Jan. 1, 2016; SL 2016, ch 146, § 2, eff. Mar. 25, 2016; SL 2017, ch 115, § 5, eff. Mar. 13, 2017.
S.D. Codified Laws § 26-7A-61 — SD Code / Title 26 / Chapter 7A / Section 26-7A-61
Right of respondent or child to inspect, copy, or photograph results or reports of physical or mental examinations and scientific tests or experiments
Status: in_force

On the written request of a respondent or a child, the state's attorney shall permit the respondent or child to inspect and copy or photograph any results or reports of physical or mental examinations and of scientific tests or experiments, or copies of them, which are in the possession, custody, or control of the state's attorney, the existence of which is known or by the exercise of due diligence may become known to the state's attorney, and which are material to the preparation of the case of the respondent or child or are intended for use by a state's attorney as evidence in chief at the hearing.

Source: SL 1991, ch 217, § 69D.
S.D. Codified Laws § 26-7A-32.11 — SD Code / Title 26 / Chapter 7A / Section 26-7A-32.11
Procedure upon finding that juvenile not competent to proceed but probably will be competent in foreseeable future
Status: in_force

If, following the competency determination hearing pursuant to § 26-7A-32.7 , the court finds that the juvenile is not competent to proceed, but additionally finds that there exists a substantial probability that the juvenile will be competent in the foreseeable future, the court shall continue the suspension of the proceedings and may refer the juvenile to an approved facility for evaluation and treatment of the mental health and behavioral needs identified in the report of the examiner. During this time the court may make orders that it deems appropriate for services that may assist the juvenile in attaining competency. Evaluation and treatment should be conducted in the least restrictive environment with due regard to the best interests of the child and the public. Notwithstanding any order pursuant to this section, the administration of any psychotropic medication shall comply with the procedures set forth in chapter 27A-15 .

The juvenile shall be examined and a report forwarded to the court relating to the juvenile's competency to proceed and its reasons at the following intervals following referral: at the end of sixty days or sooner; at the end of one hundred eighty days; and at the end of one year. Upon receipt of the report, the court shall forward the report to the parties and without delay set a date for a conference of the parties or, upon a motion of any party, set a hearing on the question of the juvenile's competency to proceed. If the court finds that the juvenile is not competent to proceed, but there exists a substantial probability that the juvenile will be competent to proceed in the foreseeable future, the proceedings shall remain suspended pending further review or hearing.

If more than one year has elapsed since the suspension of the proceedings, the court shall promptly hold a hearing to determine whether there exists a substantial probability that the juvenile will be competent in the foreseeable future. The burden of proof is on the state in any such hearing. If the court finds that there does not exist a substantial probability that the juvenile will be competent in the foreseeable future, the court shall review the juvenile's condition to determine appropriate placement and may dismiss the petition or, if post-adjudication, may vacate the adjudication order and dismiss the petition.

If, during the suspension of the proceedings, the juvenile reaches eighteen years of age or is emancipated under Title 26, the court may evaluate the appropriateness of placing the juvenile in an appropriate institution for the care and treatment of adults with mental illness or developmental disability for observation, care, and treatment.

The court shall set a time for resumption of the proceedings if at any point the court finds that the juvenile is now competent to proceed.

Source: SL 2013, ch 121, § 11.
S.D. Codified Laws § 26-7A-13.1 — SD Code / Title 26 / Chapter 7A / Section 26-7A-13.1
Hearing by intake officer
Status: in_force

Upon taking a child into temporary custody pursuant to § 26-7A-12 , the law enforcement officer or court service officer shall immediately notify an intake officer who shall conduct a hearing pursuant to § 26-7A-13 .

Source: SL 1992, ch 183, § 15; SL 1995, ch 148, § 3; SL 1996, ch 172, § 3.
S.D. Codified Laws § 26-8A-29 — SD Code / Title 26 / Chapter 8A / Section 26-8A-29
Continuing jurisdiction over abused or neglected child
Status: in_force

In any action involving the termination of parental rights of both parents or any surviving parent, the court has continuing jurisdiction of the action and of the abused or neglected child for purposes of review of status of the child until the adoption of the child is fully completed. The Department of Social Services or any other party having custody and guardianship of the child pending adoption may petition the court to review the status of the child at any time before the adoption of the child is completed. The court may issue any orders or decrees necessary to protect the child, to preserve the child's welfare and to facilitate adoption of the child by the court or another court of competent jurisdiction without delay. The continuing jurisdiction of the court according to this section does not prevent the acquisition of jurisdiction of the child by another court for adoption proceedings according to law.

Source: SL 1991, ch 217, § 139.
S.D. Codified Laws § 26-7A-24 — SD Code / Title 26 / Chapter 7A / Section 26-7A-24
Intercounty contracts for use of facilities
Status: in_force

If a board of county commissioners provides and maintains temporary care, shelter, or detention facilities under § 26-7A-23 , the board may contract or enter into an agreement under the authority of chapter 1-24 with the board of county commissioners of other counties of the state to receive the children of other counties who may be ordered to be placed in temporary care, shelter or detention in appropriate facilities under the provisions of this chapter and chapter 26-8A , 26-8B , 26-8C , or §§ 26-11A-13 and 26-11A-14 . The board of county commissioners determines the charges for such services to be paid by the other county, subject to §§ 26-7A-94 and 26-11A-19 , and thereafter shall receive such children in its facilities according to the terms and conditions of the contract or agreement. In addition to the provisions of chapter 1-24 , an agreement pursuant to this section may be for any period of time and may provide for liquidated damages to be imposed upon any party withdrawing without the consent of all other parties to the agreement. The liquidated damages, reduced to present value, may not exceed the minimum contribution agreed to by the withdrawing party upon termination of the agreement.

Source: SDC 1939, § 43.0309 as added by SL 1961, ch 213, § 2; SL 1968, ch 164, § 7; SL 1991, ch 217, § 31B; SDCL, § 26-8-27; SL 1995, ch 7, § 3; SL 1996, ch 172, § 71.
S.D. Codified Laws § 26-6-8 — SD Code / Title 26 / Chapter 6 / Section 26-6-8
License required to place child for adoption--Relatives and guardian excepted
Status: in_force

No person other than the parents, guardian, or relatives within the second degree, and no firm, limited liability company, corporation, association, or organization other than a licensed child welfare agency, or the Department of Social Services, may place any child in the control and care of any person or place such child for adoption.

Source: SL 1939, ch 168, § 7; SDC Supp 1960, § 55.3712; SL 1994, ch 351, § 47.
S.D. Codified Laws § 26-11A-20 — SD Code / Title 26 / Chapter 11A / Section 26-11A-20
Grounds for discharge of juvenile--Department's jurisdiction ends at age twenty-one
Status: in_force

The secretary of corrections may discharge a juvenile from the Department of Corrections upon the following:

(1) As a reward for good conduct and upon satisfactory evidence of reformation;

(2) As a result of a conviction for a new crime as an adult, if the juvenile is placed on adult probation or sentenced to the county jail or a state correctional facility;

(3) If the juvenile, upon reaching the age of majority, lives outside the jurisdiction of the State of South Dakota and the interstate compact on juveniles is not available due to the juvenile's age or circumstances; or

(4) If the juvenile is on aftercare and has a suitable placement, and a discharge is determined to be in the best interests of the juvenile.

No adjudicated juvenile may remain within the jurisdiction of the Department of Corrections beyond the age of twenty-one years. The discharge of a juvenile from the Department of Corrections constitutes a complete release from all penalties, excluding unpaid fines, fees, or restitution.

Source: SL 1996, ch 172, § 73; SL 2007, ch 163, § 6; SL 2023, ch 82, § 96.
S.D. Codified Laws § 26-7A-118 — SD Code / Title 26 / Chapter 7A / Section 26-7A-118
Parent or guardian required to appear at certain hearings
Status: in_force

Notwithstanding any other provision of this chapter, at least one custodial parent or guardian of any child who is the subject of child in need of supervision or delinquency proceedings under this chapter or chapter 26-8B or 26-8C shall appear at any hearing, except a hearing under § 26-7A-13 , authorized by this chapter or chapter 26-8B or 26-8C . This provision does not apply to parents or guardians who are not residents of South Dakota nor to any state official or state agency. The absence of the parent or guardian need not result in postponement of the scheduled hearing, if the court finds good cause to proceed in the absence. If the parent or guardian, without reasonable cause, fails to appear at the scheduled hearing, a warrant may be issued requiring the parent or guardian to be brought before the court.

Source: SL 1993, ch 202.
S.D. Codified Laws § 26-8D-13 — SD Code / Title 26 / Chapter 8D / Section 26-8D-13
Recipients of community services--Liability
Status: in_force

Any child required to participate in a community service program is not an agent or employee of the recipients of these services. Any recipient of community service, described in §§ 26-8C-7 and 26-8B-6 , does not have to provide the child with reemployment assistance insurance pursuant to title 61 nor with workers' compensation insurance pursuant to title 62. Each recipient and the recipient's officers, agents, and employees are immune from any cause of action for civil damages brought by the child, parents, guardians, or any third party if the cause of action arises from any act of commission or omission by the recipient or any of its officers, agents, or employees or any act of commission or omission by the child and the acts arise out of or are in connection with a community service program, except if the cause of action is the result of gross negligence or willful and wanton misconduct of the recipient or its officers, agents, or employees and except to the extent that the recipient has purchased liability insurance. Nothing in this section relieves any individual child from responsibility for the child's individual acts.

Source: SL 2015, ch 152, § 21; SL 2019, ch 216, § 33.
S.D. Codified Laws § 26-8A-10.1 — SD Code / Title 26 / Chapter 8A / Section 26-8A-10.1
Notice to child's parents of determination of abuse or neglect--Contents--Confidentiality
Status: in_force

If an investigation by the Department of Social Services determines that abuse or neglect has occurred, the department shall make reasonable efforts to inform each of the child's parents of the determination with due regard given to the rights of the subject of the report pursuant to § 26-8A-11 . The information shall only include identification of the provisions of § 26-8A-2 which constituted the basis for the determination that abuse or neglect occurred. This provision does not limit the department in providing services to a parent who is the subject of the report. A notice of the report shall be sent, by certified mail, to any parent who is not the subject of the report at the parent's last known address. The information shall be maintained confidential by the parent pursuant to § 26-8A-13 .

Source: SL 2006, ch 145, § 1.
S.D. Codified Laws § 26-8D-14 — SD Code / Title 26 / Chapter 8D / Section 26-8D-14
Findings of fact and conclusions of law justifying need for extended detention
Status: in_force

If a judge orders more than fourteen days of detention in a thirty-day period pursuant to § 26-8C-7 or 26-8B-6 , the court shall enter findings of fact and conclusions of law to include in the dispositional decree justifying the need for extended detention.

Source: SL 2015, ch 152, § 22.
S.D. Codified Laws § 26-8D-23 — SD Code / Title 26 / Chapter 8D / Section 26-8D-23
Reimbursement of participating counties
Status: in_force

Beginning on March 1, 2017, and March first of each year thereafter, each participating county shall submit to the Department of Corrections the number of juvenile detention bed days paid by the county in the preceding calendar year. Only a participating county is eligible for reimbursement from the juvenile justice detention cost-sharing fund. The participating counties shall be determined on an annual basis.

Source: SL 2015, ch 152, § 44.