S.D. Codified Laws § 26-7A-48 — SD Code / Title 26 / Chapter 7A / Section 26-7A-48
Publication of summons--Affidavit or certificate of publication
Status: in_force

If the petition or an affidavit of the state's attorney discloses that any person or party to be served with the summons is out of the state, on inquiry cannot be found, is concealed within the state, resides out of the state, whose mail at the last known address has been returned, whose location is unknown or is affected by the designation "All Whom It May Concern," the court shall cause the summons, modified to declare the initials of the child in lieu of the name of the child, to be published once in a newspaper of general circulation published in the county where the action is pending or in a newspaper in another county designated by the court as most likely to give notice to the party to be served. Publication of the summons shall be made not less than five days before the date of the hearing on the petition. Notice given by the publication is the only required notice to the concerned persons or parties to be served who are described in this section. An affidavit or certificate of publication made by the concerned newspaper and accepted by the court is evidence of service of summons by publication.

If service of the summons by publication is authorized, the party making service may at his option, without any order of the court, personally serve the summons on any person or party out of the state or the party may admit service of the summons, and no publication of the summons for that party is necessary.

Source: SDC 1939, § 43.0308; SL 1991, ch 217, § 60B; SDCL, § 26-8-16.
S.D. Codified Laws § 26-8D-24 — SD Code / Title 26 / Chapter 8D / Section 26-8D-24
Amount of reimbursement
Status: in_force

The Department of Corrections shall compare the number of detention bed days each county paid in the preceding calendar year to the average number of detention bed days paid in calendar years 2013, 2014, and 2015. If the days paid in the calendar year in question exceed the average, the Department of Corrections shall pay the county two hundred dollars per day for each day exceeding the average. If the amount owed the participating counties exceeds the amount of money in the fund, the amount reimbursed per bed day shall be prorated to fulfill all requests.

Source: SL 2015, ch 152, § 45.
S.D. Codified Laws § 26-7A-127 — SD Code / Title 26 / Chapter 7A / Section 26-7A-127
Action by state's attorney for juvenile cited violation
Status: in_force

If a state's attorney is informed that a citation or report has been issued for a juvenile cited violation, the state's attorney may take any action permitted pursuant to § 26-7A-10 , except that a state's attorney may only file a petition pursuant to subdivision 26-7A-10(5) if:

(1) The child is cited or a report is filed pursuant to subdivision 26-7A-126(1), (2), or (4); or

(2) The child is cited pursuant to subdivision 26-7A-126(3), and has two or more prior judgments for the same violation.

If the state's attorney intends to proceed on a petition for a violation of the provisions in § 26-7A-126 pursuant to subdivision (1) or (2) in this section, the provisions of § 26-7A-11.1 apply.

Source: SL 2015, ch 152, § 38, eff. Jan. 1, 2016; SL 2017, ch 115, § 4, eff. Mar. 13, 2017.
S.D. Codified Laws § 26-15-2 — SD Code / Title 26 / Chapter 15 / Section 26-15-2
Purpose--Requirements
Status: in_force

Fingerprinting programs shall be developed for the sole purpose of providing a means by which a missing child may be located or identified and shall be operated as follows:

(1) No student or minor may be required to participate in the program;

(2) In order for a student or minor to participate in the program, the parents, custodial parent, legal custodian, or other person responsible for the student or minor shall authorize the student's or minor's participation by signing a form supplied by the school district or principal or chief administrator of the nonpublic school;

(3) The fingerprinting of students or minors shall be performed under the supervision of local law enforcement agencies on forms developed by the school district or nonpublic school and approved by local law enforcement agencies;

(4) All completed fingerprint forms shall be given to the parents, custodial parent, guardian, legal custodian, or other person responsible for a student or minor after the fingerprinting. No copy of a fingerprinting shall be retained by a law enforcement agency, school, school district, or any other person except the student's or minor's parent, guardian, or legal custodian;

(5) The name, sex, height, weight, hair and eye color, and date and place of birth of the student or minor shall be indicated on the fingerprint card or form.

Source: SL 1985, ch 217, § 2.
S.D. Codified Laws § 26-6-1 — SD Code / Title 26 / Chapter 6 / Section 26-6-1
Agencies and institutions defined as child welfare agencies--Department of Social Services
Status: in_force

Any agency or institution maintained by a municipality or county, or any agency or institution maintained by a person, firm, limited liability company, corporation, association, or organization to receive children for care and maintenance or for placement in a family home, or that provides care for mothers and their children, is considered to be a child welfare agency. The Department of Social Services is a child welfare agency.

Source: SL 1939, ch 168, § 1; SDC Supp 1960, § 55.3706; SL 1965, ch 248, § 1; SL 1985, ch 211, § 1; SL 1994, ch 351, § 46.
S.D. Codified Laws § 26-7A-108 — SD Code / Title 26 / Chapter 7A / Section 26-7A-108
Modifying or setting aside order or decree--Hearing required on probation violation or change in legal custody
Status: in_force

The court may modify or set aside any order or decree made by it, except a decree terminating parental rights. No modification of an order or decree may be made without a hearing if a violation of the terms of probation governing a child in need of supervision or a delinquent child is alleged or if the effect of modifying or setting aside the order or decree would be to deprive a parent of custody of a child or make a change in custody, except temporary custody, with or without court order, pursuant to provisions of this chapter or chapter 26-8A , 26-8B , or 26-8C .

Source: SDC 1939, § 43.0328 as added by SL 1968, ch 164, § 17; SL 1991, ch 217, § 104B; SDCL, § 26-8-61.
S.D. Codified Laws § 26-7A-88 — SD Code / Title 26 / Chapter 7A / Section 26-7A-88
Examination, investigation, and reports of adjudicated child before final disposition
Status: in_force

After adjudication of a child as an abused or neglected child, a child in need of supervision or a delinquent child and before final disposition of the case, the court may require the following examinations and investigations and reports of them:

(1) The court may order the child's parents, guardian, custodian, any other party respondent, or any relative of the child who might be considered as a potential caretaker of the child on disposition to submit to psychological, psychiatric or medical examination and evaluation by a qualified mental health professional or physician and submit the report to the court. The order may be issued by the court on the motion of the state, the child, any interested party, or on the court's own motion. The order directing the examination and evaluation shall state the time, place, manner, conditions, and scope of the examination and evaluation to be made and the person or persons by whom it is to be made; and

(2) The court may order homestudy investigations and reports of the investigations submitted to the court concerning the child's parents, guardian, custodian, any other party respondent, or relative of the child who might be a potential caretaker of the child on disposition. The order for a homestudy investigation and a report of the investigation shall generally state the conditions and scope of the investigation considered necessary or appropriate by the court under the circumstances.

Reports received by the court pursuant to this section may be released by the court to attorneys of record for the parties and may be received by the court as evidence in the dispositional phase of the proceeding.

Source: SL 1991, ch 217, § 78.
S.D. Codified Laws § 26-7A-35 — SD Code / Title 26 / Chapter 7A / Section 26-7A-35
Record of hearings
Status: in_force

A verbatim record shall be taken of all hearings, except telephonic temporary custody hearings held pursuant to § 26-7A-13 , under this chapter and chapters 26-8A , 26-8B , and 26-8C .

Source: SDC 1939, § 43.0327 as added by SL 1968, ch 164, § 16; SL 1991, ch 217, § 42B; SDCL, § 26-8-32.4; SL 1992, ch 183, § 5.
S.D. Codified Laws § 26-5B-109 — SD Code / Title 26 / Chapter 5B / Section 26-5B-109
Appearance and limited immunity
Status: in_force

(a) A party to a child-custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child-custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.

(b) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.

(c) The immunity granted by subsection (a) does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this state.

Source: SL 2005, ch 137, § 9.
S.D. Codified Laws § 26-9-6 — SD Code / Title 26 / Chapter 9 / Section 26-9-6
Actual abuse, neglect, or delinquency not required for conviction
Status: in_force

In order to find any person guilty of violating this chapter, it is not necessary to prove that the child has actually become abused, neglected, or delinquent, provided it appears from the evidence that through any act of abuse, neglect, or omission of duty or by any improper act or conduct on the part of any such person the abuse, neglect, or delinquency of any child may have been caused or merely encouraged.

Source: SDC 1939, § 43.0409 (1); SL 1993, ch 206, § 3.
S.D. Codified Laws § 26-8D-7 — SD Code / Title 26 / Chapter 8D / Section 26-8D-7
Juvenile Justice Oversight Council established
Status: in_force

There is hereby established a Juvenile Justice Oversight Council responsible for monitoring and reporting performance and outcome measures related to the provisions set forth in this chapter.

Source: SL 2015, ch 152, § 11.
S.D. Codified Laws § 26-8A-11.1 — SD Code / Title 26 / Chapter 8A / Section 26-8A-11.1
Request for a hearing to release name of complainant in unsubstantiated investigation
Status: in_force

Within thirty days after the notice of the determination of an unsubstantiated investigation by the Department of Social Services, the person who is the subject of the investigation may request an administrative hearing to determine whether the report was made with malice and without reasonable foundation and whether the name of the complainant should be released to the subject of the investigation. Within twenty days of receiving the request, an administrative hearing officer shall notify the complainant by mail that a request to release the complainant's name has been made and set a time and date for a hearing. The complainant shall be afforded the opportunity to be heard prior to any determination by the hearing officer to release the name. The complainant may appear at the hearing in person or through counsel or may submit written objections to the request in lieu of appearance. Any written objections or other information that may reveal the name of the complainant shall be sealed and available only to the administrative hearing officer. The administrative hearing officer shall determine within ninety days of the final date of the hearing whether the report was made maliciously and without reasonable foundation and whether release of the complainant's name would be likely to endanger the complainant's life or safety. The administrative hearing officer shall issue such a finding in a written report. The report may not disclose the name of the complainant or other identifying information. If the administrative hearing officer determines that the report was made with malice and without reasonable foundation and that release of the complainant's name is not likely to endanger the complainant's life or safety, the officer shall order the department to release the name of the complainant thirty days after issuing such finding. If the administrative hearing officer determines that the report was not made with malice or that the report was made with reasonable foundation or that release of the complainant's name is likely to endanger the life or safety of the complainant, the name of the complainant may not be disclosed. Decisions of the department under this section are administrative decisions subject to review under chapter 1-26 . If a decision of the department under this section is appealed under chapter 1-26 , the identity of the complainant shall remain confidential until a final court order requiring the release of the complainant's name.

Source: SL 1996, ch 178, § 3.
S.D. Codified Laws § 26-9-11 — SD Code / Title 26 / Chapter 9 / Section 26-9-11
Suspension, stay, or postponement of sentence--Release from custody on condition
Status: in_force

The court may suspend sentence, stay, or postpone the enforcement of execution, or release from custody any person found guilty in any such prosecution, upon such conditions as shall be imposed by the court in accordance with the provisions of this chapter.

Source: SDC 1939, § 43.0402.
S.D. Codified Laws § 26-7A-11 — SD Code / Title 26 / Chapter 7A / Section 26-7A-11
Requirements for referral for informal adjustment or action
Status: in_force

A report of a preliminary investigation involving any apparent child in need of supervision, any apparent delinquent child, or any juvenile cited violation, may be referred to a court services officer for informal adjustment or to a court-approved juvenile diversion program for informal action pursuant to subdivision 26-7A-10(4) only if:

(1) The child and the child's parents, guardian, or other custodian were informed of their constitutional and legal rights, including being represented by an attorney at every stage of the proceedings if a petition is filed;

(2) The facts are admitted and establish prima facie jurisdiction; and

(3) Written consent is obtained from the child's parents, guardian, or custodian and from the child if the child is of sufficient age and understanding. Efforts to effect informal adjustment or informal action may extend no longer than four months from the date of the consent.

The state's attorney may include in the referral to a court-approved juvenile diversion program a requirement that restitution as defined in subdivision 23A-28-2(4) be imposed as a condition of the diversion program.

Source: SL 1985, ch 213, § 2; SL 1991, ch 217, § 13B; SDCL Supp, § 26-8-1.2; SL 2008, ch 134, § 1; SL 2015, ch 152, § 2; SL 2016, ch 146, § 6, eff. Mar. 25, 2016; SL 2017, ch 115, § 2, eff. Mar. 13, 2017.
S.D. Codified Laws § 26-10-30 — SD Code / Title 26 / Chapter 10 / Section 26-10-30
Permitting physical or sexual abuse of child as felony--Affirmative defense
Status: in_force

It is a Class 6 felony for any parent, guardian, or custodian to knowingly permit physical or sexual abuse of a child.

It is an affirmative defense, to be proven by clear and convincing evidence, to prosecution under this section if, at the time of the offense, there was a reasonable belief that acting to stop or to prevent the abuse would result in substantial bodily harm to the defendant or the child in retaliation.

Source: SL 2006, ch 146, § 1.
S.D. Codified Laws § 26-8A-13.1 — SD Code / Title 26 / Chapter 8A / Section 26-8A-13.1
Certain child protection records to be provided to the court, court services, state's attorney, or agencies--Discovery--Fees
Status: in_force

Notwithstanding the provisions of § 26-8A-13 , or any other statute to the contrary, in any case that a child is under the jurisdiction of the court pursuant to chapter 26-8B or 26-8C , upon a request for information, the Department of Social Services shall, with due regard to any federal laws or regulations in the following instances:

(1) Conduct a child abuse and neglect central registry check and provide the results to the court, court services, or the state's attorney to determine the appropriateness of returning a child to the parents or placing the child with another caretaker at any time during the pendency of the proceedings;

(2) For a child committed to the Department of Corrections, conduct a child abuse and neglect central registry check and provide the results to the Department of Corrections for purposes of determining the appropriateness of returning a child to the parents or placing the child with another caretaker; and

(3) For a child committed to the Department of Corrections, release copies of, or the equivalent to, the child's: request for services history summary, initial family assessments, court reports, and family service agreements to the Department of Corrections for treatment planning purposes.

Upon receipt of an order of the court, the Department of Social Services shall make its child protection services file related to the child or the child's parents and siblings available to the court, court services, or the state's attorney with the exception of information protected by the Health Information Portability and Accountability Act of 1996, as amended to January 1, 2019, the Family Educational Rights and Privacy Act, as amended to January 1, 2019, and the federal rules governing the confidentiality of alcohol and drug abuse patient records pursuant to 42 C.F.R. Part 2, as amended to January 1, 2019. Under no circumstances may the court order the release of information pertaining to pending abuse or neglect investigations.

The information released under this section is discoverable to the parties under the provisions of chapter 26-7A , but is otherwise confidential. However, the court, court services, or the Department of Corrections may release the information in their possession or any portion necessary to institutions and agencies that have legal responsibility or authorization to care for, treat, or supervise a child. The attorneys for the child and respondents may review the records with the child and the respondents but may not copy or release copies of the records. A pro se litigant is entitled to review the records but may not copy or release copies of the records.

The Department of Social Services shall impose reasonable fees for reproduction of its records released under this section. The Department of Social Services shall promulgate rules pursuant to chapter 1-26 for any fee imposed for records reproduction.

Source: SL 2007, ch 166, § 1; SL 2019, ch 127, § 5.
S.D. Codified Laws § 26-7A-77 — SD Code / Title 26 / Chapter 7A / Section 26-7A-77
Manner of taking and filing deposition--Examination and cross examination
Status: in_force

Subject to any additional conditions set by the court, a deposition shall be taken and filed in the manner provided in civil actions except as otherwise provided in §§ 26-7A-75 to 26-7A-81 , inclusive. The scope and manner of examination and cross - examination shall be the same as would be allowed in the hearing itself. The state's attorney shall make any statement of the witness being deposed which is in the possession of the state's attorney or to which the respondents or the child would be entitled at the hearing available to the respondents and the child or their respective attorneys for examination and use at the taking of a deposition.

Source: SL 1991, ch 217, § 70C.
S.D. Codified Laws § 26-8A-31 — SD Code / Title 26 / Chapter 8A / Section 26-8A-31
Persons allowed to be present during closed circuit television testimony--Display of defendant's image in room where child testifies--Recesses for defendant consultation--Court communication--Child testimony outside jury presence
Status: in_force

At the taking of testimony pursuant to § 26-8A-30 , the public must be excluded from the room in which the child is testifying. The court shall determine those persons permitted to be physically present. The court, in its discretion, may permit in the room a person whose presence would contribute to the well - being of the child or the reduction of apprehension of the child during the testimony. Attorneys for the parties may not be excluded.

If the court makes a specific finding, outside the presence of the jury, that the presence of the defendant, or in a civil case, the presence of the respondent, in the same room as the child, will cause substantial emotional distress to the child and that such distress would impair the ability of the child to communicate, upon such finding the court may exclude the defendant from the room in which the child is testifying. However, if the defendant is excluded, the testimony of the child shall be by two - way, closed-circuit television such that the testimony of the child is televised in the courtroom and simultaneously thereto, a monitor in the room in which the child is testifying displays a view of the courtroom which view shall include the defendant. The right to have the defendant's image televised in the room in which the child is testifying is a right of the defendant which the defendant may waive. If the defendant is excluded from the room in which the child is testifying, the court must provide for instantaneous communication between the defendant and defense counsel and grant reasonable court recesses during the testimony for consultation between the defendant and defense counsel. The court may communicate by audio system with attorneys outside of the courtroom.

If, on the motion of the prosecuting attorney and outside the presence of the jury, the court makes a specific finding that the child will suffer substantial emotional distress that will impair the ability of the child to communicate due to the presence of the jury, the court may exclude the jury from the room in which the child is testifying. The testimony of the child must be televised at the same time to the courtroom by closed circuit television equipment.

Source: SL 1993, ch 205, § 2; SL 2023, ch 85, § 1.
S.D. Codified Laws § 26-6-14.4 — SD Code / Title 26 / Chapter 6 / Section 26-6-14.4
Persons to whom criminal record requirement applies
Status: in_force

In addition to the applicant, §§ 26-6-14.3 to 26-6-14.7 , inclusive, shall be applicable to the criminal conviction of the following persons:

(1) Adults responsible for administration or direct supervision of staff;

(2) Any adult residing in the facility;

(3) Any adult, including a volunteer, who provides care and supervision to the children; and

(4) Any adult working in a child care institution, including a group home, residential treatment center, intensive residential treatment center, or shelter care facility. A child care institution does not include a day care center, group family day care home, or a before and after school day care program.

Source: SL 1988, ch 208, § 2; SL 2019, ch 124, § 1.
S.D. Codified Laws § 26-6-40 — SD Code / Title 26 / Chapter 6 / Section 26-6-40
Licensure and state benefit programs available to religious child-placement agency
Status: in_force

Any faith-based or religious child-placement agency or organization that seeks to become a child-placement agency is eligible, on the same basis as any other child-placement agency or organization, to receive a license or participate in a state benefit program. The state may not discriminate against a faith-based or religious organization on the basis, wholly or partly, of the organization's religious character or affiliation.

Source: SL 2017, ch 114, § 5.
S.D. Codified Laws § 26-6-19 — SD Code / Title 26 / Chapter 6 / Section 26-6-19
Department of Health visitations and inspections
Status: in_force

The State Department of Health and its duly authorized agent may visit any child welfare agency to advise the agency on matters affecting the health of children and to inspect the sanitation of the buildings used for their care.

Source: SL 1939, ch 168, § 4; SDC Supp 1960, § 55.3709.
S.D. Codified Laws § 26-2-3 — SD Code / Title 26 / Chapter 2 / Section 26-2-3
Contracts subject to power of disaffirmance
Status: in_force

Except as specified in § 26-2-1 , a minor may make any other contract, subject only to his power of disaffirmance under the provisions of this title, and subject to the provisions of chapter 25-1 .

Source: SDC 1939, § 43.0104.
S.D. Codified Laws § 26-8D-16 — SD Code / Title 26 / Chapter 8D / Section 26-8D-16
Unified Judicial System semiannual report to oversight council on probation
Status: in_force

The Unified Judicial System shall report semiannually to the oversight council the number and percent of juvenile probationers who received a graduated response, the number and percent of juvenile probationers receiving a formal allegation of a probation violation, the number and percent of juveniles whose probation is revoked, and the action taken as a result of the revocation.

Source: SL 2015, ch 152, § 26, eff. Jan. 1, 2016.
S.D. Codified Laws § 26-7A-13.2 — SD Code / Title 26 / Chapter 7A / Section 26-7A-13.2
Delivery of juvenile to temporary custodian
Status: in_force

The law enforcement officer or court service officer taking a juvenile into custody shall deliver the juvenile to the temporary custodian as directed by the court or intake officer.

Source: SL 1992, ch 183, § 19.
S.D. Codified Laws § 26-7A-80 — SD Code / Title 26 / Chapter 7A / Section 26-7A-80
Objections to deposition testimony or evidence--Basis
Status: in_force

Objections to deposition testimony or evidence or a part of it and the grounds for the objections shall be stated at the time of the taking of the deposition. Objections to receiving in evidence a deposition or a part of a deposition may be made on the basis that the conditions of § 26-7A-79 are no longer applicable.

Source: SL 1991, ch 217, § 70F.
S.D. Codified Laws § 26-7A-15.2 — SD Code / Title 26 / Chapter 7A / Section 26-7A-15.2
Form of notice to parent, custodian, or Indian tribe of child custody proceeding
Status: in_force

The form of the notice provided for in § 26-7A-15.1 is as follows:

STATE OF SOUTH DAKOTA )

IN CIRCUIT COURT

) ss

COUNTY OF ______________)

_____ JUDICIAL CIRCUIT

THE PEOPLE OF THE STATE OF )

Juv. No.__________

SOUTH DAKOTA IN THE INTEREST)

OF ____________________________, )

NOTICE TO PARENT, CUSTODIAN,

MINOR CHILD(REN), AND )

OR INDIAN TRIBE OF CHILD CUSTODY

CONCERNING __________________, )

PROCEEDINGS (ICWA)

_______________________________, )

RESPONDENTS. )

TO: [Name and Address of the Parent/Custodian/Tribe]:

PLEASE TAKE NOTICE that, pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. § 1901, et. seq.), a child custody proceeding is now pending in the above-named court. The child(ren) who (is/are) the subject of this proceeding (is/are) believed to be (an) "Indian child(ren)" (as defined in 25 U.S.C. § 1903(4)) affiliated with the __________ Tribe.

A HEARING HAS BEEN SCHEDULED FOR __________ [date] AT __________ [time] (a.m./ p.m.) (CST/MST) IN THE COURTROOM OF THE __________ COUNTY COURTHOUSE, __________, SOUTH DAKOTA. A copy of the Petition by which this proceeding was initiated is attached.

1. The following information is known regarding the parents, grandparents and Indian custodians:

a. The names and last known addresses of the parents, grandparents and great grandparents or Indian custodians are as follows:

b. Any maiden, married and former names and aliases are as follows:

c. Birthdates and places of birth and death are as follows:

d. Tribal enrollment number(s):

2. You, as the parent(s) or Indian custodian, and the child(ren)'s tribe, may have a right to intervene in these proceedings.

3. If you, as the parent(s) or Indian custodian, are unable to afford an attorney, an attorney may be appointed to represent you. If you desire a court-appointed attorney, you should contact the court using the information provided in paragraph 7 below.

4. You may have the right, as the parent(s), Indian custodian, or Indian tribe, to have, upon request, 20 additional days to prepare for the hearing. If you desire additional time to prepare for the hearing, you should contact the court using the information provided in paragraph 7 below.

5. You may have the right, as (a) parent(s), Indian custodian, or Indian tribe, to petition this Court for transfer of the proceeding to tribal court.

6. The Petitioner in this action is the State of South Dakota, and the name and address of the attorney for the Petitioner is: __________, State's Attorney for __________ County, __________, South Dakota.

7. The Court's phone number is __________. The Court's mailing address is __________. Please report to the Court or to the State all information you have as to the status of the above-named child(ren), including the eligibility/membership of the child(ren) or the parent(s) in any Indian tribe.

8. If you are the child(ren)'s parent, it is possible that your parental rights will be terminated in this proceeding. If your parental rights are terminated in this proceeding, you will no longer be able to exercise parental, custodial or any other rights with regard to the child(ren).

9. Since custody proceedings are conducted on a confidential basis, you are requested to keep confidential all information contained in this Notice.

____________________

State's Attorney

Source: SL 2005, ch 139, § 4.
S.D. Codified Laws § 26-6-27 — SD Code / Title 26 / Chapter 6 / Section 26-6-27
Educational and incidental activities exempt from chapter--State institutions
Status: in_force

Nothing contained in this chapter applies to educational services performed by an institution, school, or nursery school if the care and maintenance of children is only incidental to the operation of the school, to services performed by summer or recreational camps designed primarily for character building or recreation, to the care of children by a relative, to the casual care of children by a baby sitter, or to the exchange of care of children by parents under informal mutual arrangements, to care furnished by a guardian or by institutions operated by other departments of state government.

For the purposes of this chapter, "casual care of children" is employment which is irregular or intermittent and which is not performed by an individual whose vocation is babysitting and which does not exceed twenty sitter hours rendered to not more than six children per week.

Source: SDC Supp 1960, § 55.3706 as added by SL 1965, ch 248, § 1; SL 1972, ch 153; SL 1979, ch 170, § 8; SL 1993, ch 213, § 119.
S.D. Codified Laws § 26-7A-58 — SD Code / Title 26 / Chapter 7A / Section 26-7A-58
Inspection by respondent or child of statements made by any respondent or child
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 relevant written or recorded statements made by any respondent or child or copies of such statements in the possession, custody, or control of the state, the existence of which is known or by the exercise of due diligence may become known to the state's attorney and the substance of any oral statement which was made by any respondent or child in response to interrogation by any person then known to the respondent or child to be an employee of the state or of a department or agency of the state and which the state's attorney intends to offer in evidence at the hearing.

Source: SL 1991, ch 217, § 69A.
S.D. Codified Laws § 26-6-14.3 — SD Code / Title 26 / Chapter 6 / Section 26-6-14.3
Issuance of child welfare license--Criminal record of applicant to be secured--Waiver by applicant--When application denied
Status: in_force

Before issuing a child welfare license pursuant to § 26-6-14 , the department shall ensure that the child welfare agency has secured from an appropriate law enforcement agency a criminal record to determine whether the applicant or any other person specified in § 26-6-14.4 has ever been convicted of a crime specified by the rules of the department. This requirement does not apply to applications for annual renewal of an existing child welfare agency license if the applicant was licensed in the preceding year. Any person who makes an application for a license pursuant to § 26-6-14 and any other person specified in § 26-6-14.4 shall sign the waiver set forth in § 23-5-12 . If it is found that the applicant or any other person specified in § 26-6-14.4 has been convicted of a crime specified by the rules of the department, the application shall be denied.

Source: SL 1988, ch 208, § 1; SL 1993, ch 197, § 1.
S.D. Codified Laws § 26-8B-2 — SD Code / Title 26 / Chapter 8B / Section 26-8B-2
Child in need of supervision defined
Status: in_force

For purposes of this chapter, a child in need of supervision is a child:

(1) Of compulsory school age who is habitually absent from school without legal excuse;

(2) Who has run away from home or is otherwise beyond the control of the child's parent, guardian, or custodian;

(3) Whose behavior or condition endangers the child's own welfare or the welfare of others;

(4) Who has violated any federal or state law or regulation or local ordinance for which there is not a penalty of a criminal nature for an adult, other than a petty offense;

(5) Who has violated § 32-23-21 or 35-9-2 ; or

(6) Who engages in prostitution by offering to engage in sexual activity for a fee or other compensation.

Source: SDC 1939, § 43.0301 (5) as enacted by SL 1968, ch 164, § 1; SL 1991, ch 217, § 141B; SDCL § 26-8-7.1; SL 1994, ch 219, § 2; SL 1996, ch 179, § 1; SL 1998, ch 215, § 3; SL 2003, ch 149, § 4; SL 2004, ch 218, § 2; SL 2019, ch 109, § 1; SL 2024, ch 99, § 1.
S.D. Codified Laws § 26-7A-57 — SD Code / Title 26 / Chapter 7A / Section 26-7A-57
Discovery--"Respondent" defined--"Child" defined
Status: in_force

Sections 26-7A-58 to 26-7A-73 , inclusive, relate to discovery in proceedings during the adjudicatory and dispositional phases under this chapter and chapters 26-8A , 26-8B , and 26-8C . In these sections, the term "respondent" means the child's parents, guardian, or custodian or any other interested party other than the Department of Social Services, court services, and the state, and the term "child" means the child who is the subject of the proceedings.

Source: SL 1991, ch 217, § 69.
S.D. Codified Laws § 26-8D-15 — SD Code / Title 26 / Chapter 8D / Section 26-8D-15
Unified Judicial System semiannual report to oversight council--Contents
Status: in_force

The Unified Judicial System shall report semiannually to the oversight council:

(1) The number of juvenile probation admissions;

(2) The number of juveniles for whom a request for extension is made;

(3) The number and percent of juveniles for whom extensions are granted;

(4) The number of requests for extension;

(5) The number and percent of requests granted;

(6) The reason for discharge and length of probation for juveniles discharged from supervision; and

(7) The recidivism rate.

The Unified Judicial System shall report semiannually to the oversight council the number of children placed in a detention facility pursuant to subdivisions 26-8C-7(5) and 26-8B-6(3) and the duration of each detention stay. The Unified Judicial System shall report semiannually to the oversight council the number of children eligible for informal adjustment and informal action pursuant to § 26-7A-11.1 , and the number and percent of children for whom good cause is found for the state's attorney to proceed on a petition if the child is otherwise eligible for informal adjustment and informal action pursuant to § 26-7A-11.1 . The Unified Judicial System shall report semiannually to the oversight council the number of children summoned to court on a juvenile cited violation pursuant to § 26-7A-126 , the number of children summoned to court on a juvenile cited violation referred for informal adjustment and informal action pursuant to § 26-7A-127 , and the number petitioned under § 26-7A-127 .

Source: SL 2015, ch 152, § 24, eff. Jan. 1, 2016.
S.D. Codified Laws § 26-6-35 — SD Code / Title 26 / Chapter 6 / Section 26-6-35
Foster care for person under continuing juvenile jurisdiction who is over the age of majority
Status: in_force

Notwithstanding the provisions of §§ 26-1-1 , 26-6-6.1 , and 26-7A-101 , a child welfare agency and the Department of Corrections may provide foster care for a person over the age of majority but less than twenty-one years of age if the person is under the continuing juvenile jurisdiction of the Department of Corrections.

Source: SL 2007, ch 163, § 1.
S.D. Codified Laws § 26-7A-3 — SD Code / Title 26 / Chapter 7A / Section 26-7A-3
Venue of dependency and delinquency proceedings--Transfer of proceedings
Status: in_force

Proceedings in actions under this chapter or chapter 26-8A , 26-8B , or 26-8C shall be commenced in the county in which the child resides or is present or in which an alleged violation of law, ordinance, or court order occurred.

Before or after commencement of proceedings in a county other than the county of the child's residence and prior to adjudication, the court in which the proceedings are initiated may, on motion of the state's attorney, transfer the proceedings to the court of the county of the child's residence if the initial court finds that a transfer would be in the best interests of the child. If the proceedings are transferred, the initial court making the transfer shall transmit all records, files, and reports to the receiving court and the receiving court shall proceed as if the proceedings had been originally commenced in that court.

Source: SL 1968, ch 164, § 3; SL 1991, ch 217, § 2B; SDCL, § 26-7-1.1.
S.D. Codified Laws § 26-11A-33.1 — SD Code / Title 26 / Chapter 11A / Section 26-11A-33.1
Confidential report of allegations of abuse and neglect within private contracted facilities
Status: in_force

The secretary of the Department of Corrections shall compile a confidential report of all allegations of abuse and neglect of individuals under the jurisdiction of the Department of Corrections within private contracted facilities. The secretary shall provide the report to the Government Operations and Audit Committee no later than July thirty-first of each calendar year.

Source: SL 2017, ch 119, § 2; SL 2023, ch 89, § 1.
S.D. Codified Laws § 26-2-1 — SD Code / Title 26 / Chapter 2 / Section 26-2-1
Delegation of power by minor--Contracts relating to property--Account at financial institution
Status: in_force

No minor may give a delegation of power, nor make a contract relating to real property, or any interest therein, or relating to any personal property not in his immediate possession or control. However, a minor's parent, grandparent, uncle, or aunt, if such person is an adult, and a minor's adult sibling may establish an account with a financial institution, and establish a present ownership right in that account. Such adult family member may sign the minor's name for and on behalf of the minor, for the purposes of establishing an account, and such subscription shall constitute a binding agreement between the financial institution, and the named parties to the account.

Source: SDC 1939, § 43.0103; SL 1991, ch 215, § 2.
S.D. Codified Laws § 26-5B-206 — SD Code / Title 26 / Chapter 5B / Section 26-5B-206
Simultaneous proceedings
Status: in_force

(a) Except as otherwise provided in § 26-5B-204 , a court of this state may not exercise its jurisdiction under this article if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under § 26-5B-207 .

(b) Except as otherwise provided in § 26-5B-204 , a court of this state, before hearing a child-custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to § 26-5B-209 . If the court determines that a child- custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.

(c) In a proceeding to modify a child-custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child-custody determination has been commenced in another state, the court may:

(1) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;

(2) Enjoin the parties from continuing with the proceeding for enforcement; or

(3) Proceed with the modification under conditions it considers appropriate.

Source: SL 2005, ch 137, § 18.
S.D. Codified Laws § 26-11A-7 — SD Code / Title 26 / Chapter 11A / Section 26-11A-7
Jurisdiction and custody of adjudicated juvenile
Status: in_force

Any adjudicated juvenile committed to the Department of Corrections is at all times within the jurisdiction of the department and considered in the custody of the department until discharged.

Source: SL 1996, ch 172, § 57.
S.D. Codified Laws § 26-7A-34 — SD Code / Title 26 / Chapter 7A / Section 26-7A-34
Conduct of hearings
Status: in_force

Hearings under this chapter and chapters 26-8A , 26-8B , and 26-8C shall be conducted as follows:

(1) Adjudicatory hearings shall be conducted in accordance with rules of civil procedure under chapter 15-6 , except as otherwise provided in this chapter; and

(2) Dispositional hearings and all other hearings shall be tried to the court and shall be conducted and designed to inform the court fully of the exact status of the child and to ascertain the history, environment and past and present physical, mental and moral condition of the child and of the child's parents, guardian, or custodian.

Source: SDC 1939, § 43.0327; SL 1968, ch 164, § 16; SL 1991, ch 217, § 41B; SDCL, § 26-8-30.
S.D. Codified Laws § 26-7A-52 — SD Code / Title 26 / Chapter 7A / Section 26-7A-52
Bond to secure court appearance of child in need of supervision or delinquent child
Status: in_force

Any alleged child in need of supervision or alleged delinquent child who is the subject of proceedings under this chapter or chapter 26-8B or 26-8C may give bond or other security for the child's appearance before the court according to the order of the court. The court may appoint an attorney to appear and represent the child.

Source: SDC 1939, § 43.0309; SL 1961, ch 213, § 2; SL 1968, ch 164, § 7; SL 1991, ch 217, § 64B; SDCL, § 26-8-21.
S.D. Codified Laws § 26-7A-31 — SD Code / Title 26 / Chapter 7A / Section 26-7A-31
Court appointed attorney--Compensation
Status: in_force

If the child or the child's parents, guardian, or other custodian requests an attorney in proceedings under this chapter or chapter 26-8A , 26-8B , or 26-8C and if the court finds the party to be without sufficient financial means to employ an attorney, the court shall appoint an attorney for the party. The court may appoint an attorney for any child or any party to the proceedings without request of the party if the court deems representation by an attorney necessary to protect the interests of the party. Reasonable and just compensation for services of a court-appointed attorney and for necessary expenses and costs incident to the proceedings shall be determined by the court within guidelines established by the presiding judge of the circuit court and shall be paid by the county in which the action is being conducted according to the manner prescribed by the court. If the court-appointed attorney is a party to a contract with the county to provide indigent counsel pursuant to subdivision 23A-40-7(3), the compensation for that attorney shall be that which the attorney would receive under the contract. This section does not preclude the court from appointment of an attorney for a child as required by provisions of chapter 26-8A .

Source: SDC 1939, § 43.0309 as added by SL 1968, ch 164, § 7; SL 1991, ch 217, § 38B; SDCL § 26-8-22.2; SL 2010, ch 139, § 1.
S.D. Codified Laws § 26-7A-39 — SD Code / Title 26 / Chapter 7A / Section 26-7A-39
Compulsory process for attendance of defense witnesses
Status: in_force

A parent or guardian shall be entitled to the issuance of compulsory process for the attendance of witnesses on his own behalf or on behalf of the child. Upon application to the court, compulsory process shall be issued for the attendance of witnesses on behalf of the child.

Source: SDC 1939, § 43.0327 as added by SL 1968, ch 164, § 16; SDCL, § 26-8-32.1.
S.D. Codified Laws § 26-13-3 — SD Code / Title 26 / Chapter 13 / Section 26-13-3
Department as agency for supervision of children placed
Status: in_force

As used in paragraph (a) of Article V of the interstate compact on the placement of children, the term, "appropriate authority in the receiving state," with reference to this state shall mean the Department of Social Services.

Source: SL 1974, ch 180, § 4.
S.D. Codified Laws § 26-2-2 — SD Code / Title 26 / Chapter 2 / Section 26-2-2
Disability of minority removed to permit use of veterans' loan privileges
Status: in_force

The disability of minority of any person otherwise eligible for guaranty or insurance of a loan pursuant to chapter 37 of Title 38, United States Code, and of the minor spouse of any eligible veteran irrespective of age, in connection with any transaction entered into pursuant to that chapter in effect on July 1, 1984, is hereby removed, for all purposes in connection with such transaction, including, but not limited to, incurring of indebtedness or obligations and acquiring, encumbering, selling, releasing, or conveying property, or any interest therein, and litigating or settling controversies arising therefrom, if all or part of any obligations incident to such transaction be guaranteed or insured by the administrator of veterans' affairs pursuant to such chapter 37. This section does not impose any other or greater rights or liabilities than would exist if such person and such spouse were under no such disability.

Source: SL 1945, ch 185, § 1; SL 1947, ch 191; SL 1953, ch 221; SDC Supp 1960, § 43.0103-1; SL 1984, ch 12, § 19.
S.D. Codified Laws § 26-17-1 — SD Code / Title 26 / Chapter 17 / Section 26-17-1
Agreement for parent locator service
Status: in_force

The Department of Social Services shall enter into an agreement with the secretary of health and human services as authorized by the Parental Kidnapping Act of 1980, 94 Stat. 3572, 42 U.S.C. 663, as amended, under which the services of the parent locator service established pursuant to Title IV-D of the Social Security Act, 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, shall be made available to this state for the purpose of determining the whereabouts of any absent parent or child in order to enforce any law with respect to the unlawful taking or restraint of a child, or to make or enforce any child custody determination.

Source: SL 1985, ch 217, § 5; SDCL, § 22-19-13 ; SL 2005, ch 120, §§ 121, 125.
S.D. Codified Laws § 26-7A-10 — SD Code / Title 26 / Chapter 7A / Section 26-7A-10
Preliminary investigation by state's attorney--Authorized procedure on basis of investigation
Status: in_force

If a state's attorney is informed by a law enforcement officer or any other person that a child is, or appears to be, within the purview of this chapter and chapter 26-8A , 26-8B , or 26-8C , the state's attorney shall make a preliminary investigation to determine whether further action shall be taken. On the basis of the preliminary investigation, the state's attorney may:

(1) Decide that no further action is required;

(2) If the report relates to an apparent abused or neglected child and if additional information is required, refer the matter to the Department of Social Services for further investigation and recommendations;

(3) If the report relates to a juvenile cited violation, proceed on the citation;

(4) If the report relates to an apparent child in need of supervision, an apparent delinquent child, or a juvenile cited violation, refer the matter to a court services officer for any informal adjustment to the supervision of the court that is practicable without a petition or refer the matter to a court-approved juvenile diversion program for any informal action outside the court system that is practicable without the filing of a petition; or

(5) File a petition to commence appropriate proceedings in any case that the youth does not meet the criteria provided in § 26-7A-11.1 .

Source: SDC 1939, § 43.0304 as added by SL 1968, ch 164, § 4; SL 1977, ch 207; SL 1985, ch 213, § 1; SL 1991, ch 217, § 12B; SDCL Supp, § 26-8-1.1; SL 2015, ch 152, § 4; SL 2017, ch 115, § 1, eff. Mar. 13, 2017.
S.D. Codified Laws § 26-5B-205 — SD Code / Title 26 / Chapter 5B / Section 26-5B-205
Notice--Opportunity to be heard--Joinder
Status: in_force

(a) Before a child-custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of § 26-5B-108 must be given to all persons entitled to notice under the law of this state as in child-custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.

(b) This chapter does not govern the enforceability of a child-custody determination made without notice or an opportunity to be heard.

(c) The obligation to join a party and the right to intervene as a party in a child-custody proceeding under this chapter are governed by the law of this state as in child-custody proceedings between residents of this state.

Source: SL 2005, ch 137, § 17.
S.D. Codified Laws § 26-8C-6 — SD Code / Title 26 / Chapter 8C / Section 26-8C-6
Court-ordered physical or mental health care for child
Status: in_force

Following adjudication of a child as a delinquent child, the court may order the child to be examined or treated by a physician or a qualified mental health professional or to receive other special care and may place the child in a hospital or other suitable facility for such purposes.

Source: SL 1974, ch 179, § 7; SL 1991, ch 217, § 157B; SDCL, § 26-8-40.4.
S.D. Codified Laws § 26-5B-203 — SD Code / Title 26 / Chapter 5B / Section 26-5B-203
Jurisdiction to modify determination
Status: in_force

Except as otherwise provided in § 26-5B-204 , a court of this state may not modify a child-custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under § 26-5B-201(a)(1) or (2) and:

(1) The court of the other state determines it no longer has exclusive, continuing jurisdiction under § 26-5B-202 or that a court of this state would be a more convenient forum under § 26-5B-207 ; or

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

Source: SL 2005, ch 137, § 15.
S.D. Codified Laws § 26-7A-92 — SD Code / Title 26 / Chapter 7A / Section 26-7A-92
Guardian of placed child
Status: in_force

In every case under this chapter and chapters 26-8B and 26-8C , if the child is committed to the Department of Corrections, the court shall appoint the secretary of corrections as guardian of the person of the child. If the court places the child at the Human Services Center, the court shall appoint the secretary of the Department of Social Services as guardian of the person of the child.

Source: SDC 1939, §§ 43.0311, 43.0312; SL 1991, ch 217, § 86B; SDCL § 26-8-38; SL 1996, ch 172, § 6; SL 1998, ch 159, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 26-8C-11 — SD Code / Title 26 / Chapter 8C / Section 26-8C-11
Termination of jurisdiction upon successful disposition
Status: in_force

Upon the successful completion of the dispositional plan of a delinquent child who has not been committed to the Department of Corrections, the court shall terminate its jurisdiction. If the court determines that the dispositional plan has not been successful, the court shall make further disposition of the delinquent child.

Source: SL 1991, ch 217, § 163C; SL 1996, ch 172, § 23.
S.D. Codified Laws § 26-8D-18 — SD Code / Title 26 / Chapter 8D / Section 26-8D-18
Placement in residential treatment center or intensive residential treatment center--Performance-based reimbursement
Status: in_force

The Department of Corrections, pursuant to the provisions of chapter 26-11A and § 26-8C-7 or 26-8B-6 , may place a child in a residential treatment center or intensive residential treatment center only in accordance with a performance-based reimbursement rate structure as provided in the provider contract and provided by this section.

If a provider is able to substantially accomplish the treatment goals and release a child from residential or intensive residential treatment within the performance expectation period, a performance-based reimbursement payment shall be added to the payment allocation. For those providers that substantially meet the treatment goals and release within three months, a maximum performance-based reimbursement payment shall be added to the payment allocation. For those providers that substantially meet the treatment goals and release within five, seven, or nine months, a diminished performance-based reimbursement payment, which decreases as length of stay increases, shall be added to the payment allocation.

The provider contracts shall provide how the Department of Corrections may use state general fund dollars in the performance expectation allocation. The performance-based reimbursement payment is in addition to the provider reimbursement rate as established by the Department of Social Services.

The Department of Corrections shall evaluate monthly the need for continued placement in a residential treatment center or intensive residential treatment center. Upon a finding that the child is no longer in need of placement, the child shall be released to aftercare pursuant to § 26-11A-12 or specialized transition services. If the child cannot be released to aftercare at no fault of the provider, a performance-based reimbursement payment shall be added to the payment allocation as long as the provider otherwise qualifies for that payment.

If a provider terminates a child prior to substantial completion of the treatment goals and the Department of Corrections transfers the child to another facility, the transferring provider does not qualify for additional performance-based reimbursement payment under this section for that child.

After January 1, 2019, the Department of Corrections may promulgate rules, pursuant to chapter 1-26 , to continue or create additional or alternative performance-based reimbursement period timeframes.

Source: SL 2015, ch 152, § 33, eff. Jan. 1, 2016.
S.D. Codified Laws § 26-8C-1 — SD Code / Title 26 / Chapter 8C / Section 26-8C-1
Purpose of chapter
Status: in_force

It is the purpose of this chapter, in conjunction with chapter 26-7A , to establish an effective state and local system for delinquent children including a focus on community-based rehabilitation.

Source: SL 1991, ch 217, § 151; SL 2015, ch 152, § 19.
S.D. Codified Laws § 26-7A-107.1 — SD Code / Title 26 / Chapter 7A / Section 26-7A-107.1
Provisions for violation of order of protection
Status: in_force

The following provisions apply if a person is alleged to have violated the terms and conditions of an order of protection entered pursuant to this chapter:

(1) The court shall set a hearing on the alleged violation and shall give five days' notice to the person subject to the order of protection, and to any other parties to the proceedings;

(2) The person alleged to have violated the order of protection shall be given a written statement concerning the alleged violation;

(3) The person may be represented by legal counsel at the hearing and shall be 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 person violated the terms and conditions of the order of protection, the court may modify the terms and conditions of the order, or take other action permitted by applicable law, including sanctions provided for under criminal or civil contempt, which is in the best interests of the child and the public.

Source: SL 1996, ch 177, § 2.
S.D. Codified Laws § 26-5B-111 — SD Code / Title 26 / Chapter 5B / Section 26-5B-111
Taking testimony in another state
Status: in_force

(a) In addition to other procedures available to a party, a party to a child-custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.

(b) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.

(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.

Source: SL 2005, ch 137, § 11.
S.D. Codified Laws § 26-11A-27 — SD Code / Title 26 / Chapter 11A / Section 26-11A-27
Powers and duties of monitor
Status: in_force

The monitor created in § 26-11A-25 shall:

(1) Investigate incidents of abuse or neglect of such individuals within the juvenile corrections facilities, if the incidents are reported to the monitor or if there is reasonable suspicion to believe that the incidents occurred;

(2) Access any individual in the custody or care of juvenile corrections facilities and any employee in the employ of the State of South Dakota or any of its political subdivisions;

(3) Access any records of or relating to any individual in the custody or care of juvenile facilities;

(4) Provide a semi-annual report to the Governor, the Legislature, the Corrections Commission established by § 1-15-1.13 , the secretary of the Department of Human Services, and the secretary of the Department of Corrections. The report shall contain the activities of the monitor for the six-month period immediately prior to the report. Activities shall reflect the number of referrals to the monitor, the number of investigations completed, a brief description of any investigation that resulted in a finding of abuse or neglect, and a summary of other activities performed by the monitor;

(5) Provide training and assistance to employees of the Department of Corrections in areas within the scope of the monitor's position;

(6) Review Department of Corrections' policies dealing with juvenile's rights to ensure compliance with federal and state laws, rules, and policy;

(7) Provide reasonable notification of the existence and role of the monitor to all individuals in the custody or care of a juvenile corrections facility and the custodial parent or guardian;

(8) Submit a confidential addendum to each semiannual report to the Government Operations and Audit committee created in § 2-6-2 , the Governor, the secretary of the Department of Human Services, and the secretary of the Department of Corrections. This addendum shall contain a description of each case investigated, the specific findings and recommendations of the juvenile corrections monitor, and the Department of Corrections' response to the recommendations.

Source: SL 2000, ch 128, § 4; SL 2002, ch 133, § 1; SL 2007, ch 168, § 2.
S.D. Codified Laws § 26-7A-54 — SD Code / Title 26 / Chapter 7A / Section 26-7A-54
Advisory hearing before adjudicatory hearing
Status: in_force

On appearance of the parties pursuant to summons or at any adjournment or continuance of an appearance, the court shall conduct an advisory hearing before the adjudicatory hearing on the petition, as follows:

(1) The court shall first:

(a) Ascertain the need for any joinder or deletion of parties, determine true names and addresses of parties and their relationships to the child, and determine the true name, date and place of birth, address, and custodial status of the child;

(b) Advise the parties of the nature of the proceedings, the allegations contained in the petition, the burden of proof of the state and the constitutional and statutory rights of the parties; and

(c) Advise the parties of their rights to be represented by attorneys and requirements for court - appointed attorney, if appropriate, and, if requested by any party or if required by the court, the court may adjourn and continue the advisory hearing to a time, date, and place set by the court to afford opportunity for parties to consult with their attorneys; and

(2) The court shall then receive the answer, response, denial, or admission of the parties and, if appropriate, of the child as follows:

(a) If the petition alleges the child to be abused or neglected, parents, guardian, or custodian of the child may admit the allegations contained in the petition and the court may accept the admissions if the court is satisfied there is a factual basis for them;

(b) If the petition alleges a child to be in need of supervision, parents, guardian, or custodian of the child and the child may admit the allegations contained in the petition and the court may accept the admissions if the court is satisfied there is a factual basis for them;

(c) If the petition alleges the child to be delinquent, the child may admit the allegations contained in the petition and the court may accept the admission if the court is satisfied there is a factual basis for them.

Source: SL 1991, ch 217, § 67.
S.D. Codified Laws § 26-6-29 — SD Code / Title 26 / Chapter 6 / Section 26-6-29
Shelters for battered spouses exempt
Status: in_force

This chapter does not apply to agencies which provide shelter, food, or counseling to a battered spouse and his children if the parent remains responsible for the care of his child.

Source: SL 1985, ch 211, § 16.
S.D. Codified Laws § 26-7A-2 — SD Code / Title 26 / Chapter 7A / Section 26-7A-2
Original jurisdiction of dependency and delinquency proceedings--Effect of custody award in prior divorce proceedings--Application of Indian Child Welfare Act
Status: in_force

The circuit court has original jurisdiction in all proceedings under this chapter and chapters 26-8A , 26-8B , and 26-8C .

If a child custody award has been made in a circuit court in a divorce action or other proceeding and the jurisdiction of the divorce court is continuing, a circuit court may nevertheless acquire jurisdiction in proceedings involving the same child if the child is alleged to be abused, neglected, in need of supervision, delinquent, or otherwise comes within the jurisdiction set forth in this section.

Due regard shall be afforded to the Indian Child Welfare Act (25 U.S.C. §§ 1901-1963) if that act is applicable.

Source: SDC 1939, § 43.0302; SL 1968, ch 164, § 2; SL 1991, ch 217, § 1; SDCL, § 26-7-1.
S.D. Codified Laws § 26-8C-3.1 — SD Code / Title 26 / Chapter 8C / Section 26-8C-3.1
Risk assessment instrument for statewide use
Status: in_force

(a) Generally, juveniles should only be held in secure detention when less restrictive placement alternatives are not appropriate. The standardized South Dakota JDAI Risk Assessment Instrument (RAI) is an objective tool used to assess a variety of risk factors relative to the likelihood that a juvenile will appear in court or re-offend on a delinquent act prior to his/her court appearance. The RAI is based upon best practice standards that have been tested and implemented in other JDAI jurisdictions across the nation. The overall risk score is a guide in making the initial decision whether to detain in secure detention, utilize an alternative to secure detention, or release with or without conditions pending hearing.

(b) As per the authority designated in subdivision 26-7A-1(20), the presiding judge in each circuit shall appoint juvenile detention staff or juvenile reception and intake center staff to serve as intake officers.

(c) The State Court Administrator's Office shall provide statewide training on use of the RAI. After the completion of RAI training, all appointed Intake Officers shall complete the RAI on all detention intakes to distinguish between juveniles who are likely to abscond or commit new crimes and those who are not.

(d) The State Court Administrator's Office shall compile the following data to be collected by any court appointed intake officer: The number of juveniles detained and released shall be reported along with each juvenile's gender, race, ethnicity, age and offense as well as all assessment information including staff decision, overrides and program information.

Source: SL 2015, ch 276 (Supreme Court Rule 15-14 ), eff. July 1, 2015.
S.D. Codified Laws § 26-6-23.1 — SD Code / Title 26 / Chapter 6 / Section 26-6-23.1
Revocation or refusal to issue or renew license or registration for child abuse or violence
Status: in_force

The department may revoke or refuse to issue or renew the license or registration certificate of any child welfare agency if the owner or operator of the agency, a staff member, a member of the facility owner's family residing at the facility, or any other resident of the facility has been found guilty of an offense involving abuse or neglect of a child or violence against a person or who has a substantiated report of abuse or neglect as defined by the department by rule or whose name appears on a report from any other state's central registry of abuse or neglect.

Source: SL 1988, ch 211, § 2; SL 1989, ch 225; SL 1991, ch 217, § 172; SL 1992, ch 181.
S.D. Codified Laws § 26-8D-17 — SD Code / Title 26 / Chapter 8D / Section 26-8D-17
Placement in group care facility--Performance-based reimbursement--Juvenile corrections facilities to operate programs to achieve treatment goals and release to aftercare
Status: in_force

The Department of Corrections, pursuant to the provisions of chapter 26-11A and § 26-8C-7 or 26-8B-6 , may place a child in a group care center operated and maintained by a nonstate entity only in accordance with a performance-based reimbursement rate structure as provided in the provider contract and as provided by this section.

If a provider is able to substantially accomplish the treatment goals and release a child from group care within the performance expectation period, a performance-based reimbursement payment shall be included in the payment allocation. The maximum performance-based reimbursement payment shall be allocated when a provider is able to substantially accomplish the treatment goals and release a child within three months. A diminished performance-based reimbursement payment shall be allocated when a provider is able to substantially accomplish the treatment goals and release a child in more than three months but less than four months. The performance-based reimbursement payment is in addition to the provider reimbursement rate as established by the Department of Social Services.

The Department of Corrections shall determine the need for placement in a group care facility upon admission and review the placement monthly thereafter. Upon finding that the child is no longer in need of placement, the child shall be released to aftercare pursuant to § 26-11A-12 . If the child cannot be released to aftercare at no fault of the provider, a performance-based reimbursement payment shall be added to the payment allocation as long as the provider otherwise qualifies for that payment.

If a provider terminates a child prior to substantial completion of the treatment goals and the Department of Corrections transfers the child to another facility, the transferring provider does not qualify for a performance-based payment under this section for that child.

Juvenile corrections facilities maintained and operated by the Department of Corrections shall design and operate programs to achieve substantial accomplishment of treatment goals and the release to aftercare within three months.

Specialized transition services are exempt from the performance-based reimbursement rate structure.

After January 1, 2019, the Department of Corrections may promulgate rules, pursuant to chapter 1-26 , to continue or create additional or alternative performance-based reimbursement period timeframes.

Source: SL 2015, ch 152, § 32, eff. Jan. 1, 2016.
S.D. Codified Laws § 26-6-14.9 — SD Code / Title 26 / Chapter 6 / Section 26-6-14.9
Submission of employees' names to department--Central registry background checks--Notification to provider--Issuance of certificate
Status: in_force

Any provider of unregistered family day care may submit his name and the names of any employees or residents at the home, to the Department of Social Services, on forms supplied by the department. The department shall conduct central registry and substantiated abuse or neglect report background checks on all names submitted pursuant to §§ 26-6-14.8 to 26-6-14.11 , inclusive. If the department determines that any person whose name has been submitted has been convicted of child abuse pursuant to chapter 26-10 or a sex offense pursuant to chapter 22-22 , or has a substantiated report of child abuse or neglect on file with the department, the department shall so notify the provider. If the central registry and substantiated abuse or neglect report background check yields no substantiated reports of child abuse or neglect, as defined by the department by rules promulgated pursuant to chapter 1-26 , or no convictions of either the provider or the names submitted by the provider of child abuse pursuant to chapter 26-10 or sex offenses pursuant to chapter 22-22 , then the department shall issue a certificate, at no cost to the provider, verifying that fact.

Source: SL 1988, ch 206, § 1A; SL 1993, ch 198.
S.D. Codified Laws § 26-2-6 — SD Code / Title 26 / Chapter 2 / Section 26-2-6
Time for disaffirmance of contract--Persons authorized to disaffirm--Restoration of consideration
Status: in_force

In all cases other than those specified in §§ 26-2-4 and 26-2-5 , the contract of a minor, if made while he is under the age of sixteen, may be disaffirmed by the minor himself, either before his majority or within one year's time afterwards; or in case of his death within that period, by his heirs or personal representatives; and, if the contract be made by the minor after he has reached the age of sixteen, it may be disaffirmed in like manner upon restoring the consideration to the party from whom it was received or paying its equivalent with interest.

Source: SDC 1939, § 43.0105; SL 1972, ch 154, § 7.
S.D. Codified Laws § 26-11A-33 — SD Code / Title 26 / Chapter 11A / Section 26-11A-33
Identities of persons or agencies reporting to monitor to remain confidential
Status: in_force

The identity of the juvenile and of any person or agency making a report to the monitor shall be kept confidential.

Source: SL 2000, ch 128, § 10.
S.D. Codified Laws § 26-7A-13 — SD Code / Title 26 / Chapter 7A / Section 26-7A-13
Court-ordered temporary custody--Noticed hearing--Without noticed hearing
Status: in_force

The court may order temporary custody of any child within the jurisdiction of the court during any noticed hearing. Without noticed hearing, the court or an intake officer may immediately issue a written temporary custody directive in the following instances on receipt of an affidavit or, in the absence of a written affidavit when circumstances make it reasonable, on receipt of sworn oral testimony communicated by telephone or other appropriate means:

(1) On application by a state's attorney, social worker of Department of Social Services, or law enforcement officer respecting an apparent, alleged, or adjudicated abused or neglected child stating good cause to believe as follows:

(a) The child is abandoned or is seriously endangered by the child's environment; or

(b) There exists an imminent danger to the child's life or safety and immediate removal of the child from the child's parents, guardian, or custodian appears to be necessary for the protection of the child;

(2) On application by a state's attorney, court services officer, or law enforcement officer respecting an apparent, alleged, or adjudicated child in need of supervision or delinquent child stating good cause pursuant to § 26-8B-3 or 26-8C-3 , as applicable, to believe as follows:

(a) The child seriously endangers others or there is need for protection of the child; or

(b) The child has run away or escaped from the child's parents, guardian, or custodian.

Source: SL 1991, ch 217, § 17; SL 1995, ch 148, § 2; SL 1996, ch 172, § 2; SL 1998, ch 158, § 1.
S.D. Codified Laws § 26-8D-19 — SD Code / Title 26 / Chapter 8D / Section 26-8D-19
Department of Corrections semiannual report to oversight council--Contents
Status: in_force

The Department of Corrections shall report semiannually to the oversight council the number of children committed, number of recommitments, the average length of stay in residential placement in total and by provider, and average length of commitment among children discharged from the Department of Corrections.

Source: SL 2015, ch 152, § 34.
S.D. Codified Laws § 26-7A-32.9 — SD Code / Title 26 / Chapter 7A / Section 26-7A-32.9
Statements by juvenile during competency evaluation not admissible
Status: in_force

Statements made by the juvenile in the course of a competency evaluation may not be admitted as evidence in the adjudicatory stage for the purpose of proving any alleged delinquent act.

Source: SL 2013, ch 121, § 9.
S.D. Codified Laws § 26-8D-8 — SD Code / Title 26 / Chapter 8D / Section 26-8D-8
Council--Purpose--Members
Status: in_force

The Juvenile Justice Oversight Council is created for the purpose of providing an independent review of the state juvenile justice system and providing recommendations to the Legislature, Governor, and Chief Justice. The oversight council consists of the following nineteen members:

(1) The Governor shall appoint the following six members:

(a) A representative from the Department of Corrections;

(b) A representative from the Department of Social Services;

(c) A representative from a youth care provider;

(d) A representative from the Department of Tribal Relations;

(e) A member of law enforcement; and

(f) One at-large member;

(2) The Chief Justice shall appoint the following six members:

(a) A juvenile justice defense attorney;

(b) Two circuit court judges;

(c) A juvenile court services officer;

(d) A representative from the State Court Administrator's Office; and

(e) One at-large member;

(3) The president pro-tempore of the Senate shall appoint the following two Senators:

(a) A member of the Senate Judiciary Committee; and

(b) One other member of the Senate;

(4) The speaker of the House of Representatives shall appoint the following two Representatives:

(a) A member of the House Judiciary Committee; and

(b) One other member of the House of Representatives;

(5) The South Dakota Superintendent's Association shall appoint one representative from a large school district and one representative from a small school district; and

(6) The attorney general shall appoint one state's attorney.

The oversight council shall select a chair and a vice chair every two years. Appointed members shall serve two-year terms and may be reappointed.

Source: SL 2015, ch 152, § 12; SL 2016, ch 146, § 3, eff. Mar. 25, 2016; SL 2023, ch 88, § 2.
S.D. Codified Laws § 26-18-1 — SD Code / Title 26 / Chapter 18 / Section 26-18-1
Short title
Status: in_force

This chapter may be cited as the Uniform Child Abduction Prevention Act.

Source: SL 2007, ch 169, § 1.
S.D. Codified Laws § 26-5B-104 — SD Code / Title 26 / Chapter 5B / Section 26-5B-104
Application to Indian tribes
Status: in_force

(a) A child-custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.

(b) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying Articles 1 and 2.

(c) A child-custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under Article 3.

Source: SL 2005, ch 137, § 4.
S.D. Codified Laws § 26-1-4 — SD Code / Title 26 / Chapter 1 / Section 26-1-4
Minor's liability for wrongs--Restriction on exemplary damages
Status: in_force

A minor is civilly liable for a wrong done by him, in like manner as any other person, but cannot be subjected to exemplary damages, unless at the time of the act he was capable of knowing that it was unlawful.

Source: SDC 1939, § 43.0108.
S.D. Codified Laws § 26-7A-27 — SD Code / Title 26 / Chapter 7A / Section 26-7A-27
Police records of children taken into temporary custody--Confidentiality
Status: in_force

The records of law enforcement officers and agencies concerning all children taken into temporary custody or issued a summons or citation under this chapter or chapter 26-8A , 26-8B , or 26-8C shall be maintained separately from the records of arrest and any other records regarding detention of adult persons. The records concerning children, including their names, may not be inspected by or disclosed to the public except:

(1) By order of the court;

(2) If the court orders the child to be held for criminal proceedings, as provided in chapter 26-11 ;

(3) If there has been a criminal conviction and a presentence investigation is being made on an application for probation; or

(4) Any child or the child's parent or guardian may authorize the release of records to representatives of the United States Military for the purpose of enlistment into the military service.

Source: SDC 1939, § 43.0320 as enacted by SL 1968, ch 164, § 14; SL 1979, ch 171, § 5; SL 1989, ch 226, § 5; SL 1991, ch 217, § 34B; SDCL Supp, § 26-8-19.5; SL 1992, ch 183, § 18; SL 1994, ch 157, § 6; SL 1994, ch 214.
S.D. Codified Laws § 26-7A-72 — SD Code / Title 26 / Chapter 7A / Section 26-7A-72
Court order upon discovery motion
Status: in_force

On a sufficient showing the court may at any time order that the discovery or inspection be denied, restricted, or deferred or may make an order as is appropriate. On the motion of a party, the court may permit the party to make the showing, in whole or in part, in the form of a written statement to be inspected by the judge alone. If the court enters an order granting relief following the ex parte showing, the entire text of the party's statement shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal.

Source: SL 1991, ch 217, § 69O.
S.D. Codified Laws § 26-7A-108.1 — SD Code / Title 26 / Chapter 7A / Section 26-7A-108.1
Suspension of probationary period under certain conditions
Status: in_force

The running of a juvenile probationer's probationary period shall be suspended if:

(1) The juvenile probationer absconds from supervision;

(2) Any petition to modify or revoke a term of probation is filed; or

(3) A probation violation report is filed during any pending court proceeding related to the filing of the violation report.

Source: SL 2017, ch 117, § 1.
S.D. Codified Laws § 26-8A-13.3 — SD Code / Title 26 / Chapter 8A / Section 26-8A-13.3
Allegations relating to military parent or guardian--Notice to defense department family advocacy program
Status: in_force

Upon receipt of a report pursuant to § 26-8A-10 , the Department of Social Services shall make an effort to determine the military status of the parent or guardian whose child is subject to the report of child abuse or neglect. Notwithstanding the provisions of § 26-8A-13 or any other provision of law, if the department determines that the parent or guardian is in the military, the department shall notify a United States Department of Defense family advocacy program of the allegations that relate to the military parent or guardian.

Source: SL 2019, ch 123, § 1.
S.D. Codified Laws § 26-7A-33 — SD Code / Title 26 / Chapter 7A / Section 26-7A-33
Priority in scheduling hearings and trials
Status: in_force

In scheduling hearings and trials, the court shall give priority to proceedings concerning a child who is in temporary custody or who has otherwise been removed from the home of the child's parents, guardian, or custodian before a final disposition has been made in the proceedings affecting the child.

Source: SDC 1939, § 43.0327 as added by SL 1968, ch 164, § 16; SL 1991, ch 217, § 40B; SDCL, § 26-8-23.2.
S.D. Codified Laws § 26-7A-22 — SD Code / Title 26 / Chapter 7A / Section 26-7A-22
Temporary custody not an arrest
Status: in_force

The taking of any child into temporary custody under this chapter or chapter 26-8A , 26-8B , or 26-8C is not an arrest and does not constitute a police record.

Source: SDC 1939, § 43.0320 as enacted by SL 1968, ch 164, § 14; SL 1991, ch 217, § 23B; SDCL, § 26-8-19.7.
S.D. Codified Laws § 26-7A-115.1 — SD Code / Title 26 / Chapter 7A / Section 26-7A-115.1
Victim of human trafficking or sexual exploitation--Expungement of delinquency record
Status: in_force

A victim of human trafficking may petition the court directly or through a parent, guardian, or guardian ad litem, for the expungement of a delinquency record that resulted from being a victim of human trafficking, as defined in § 22-49-1 , or sexual exploitation, as defined in § 22-22-24.3 . An expungement under this section vacates the underlying delinquency proceeding.

Source: SL 2018, ch 166, § 1; SL 2020, ch 89, § 4.
S.D. Codified Laws § 26-6-39 — SD Code / Title 26 / Chapter 6 / Section 26-6-39
State may not take adverse action against child-placement agency acting on basis of sincere written religious policy
Status: in_force

The state may not discriminate or take any adverse action against a child-placement agency or an organization seeking to become a child-placement agency on the basis, wholly or partly, that the child-placement agency has declined or will decline to provide any service that conflicts with, or provide any service under circumstances that conflict with the agency's written sincerely-held religious belief or moral conviction of the child-placement agency.

The state may not enter into a contract that is inconsistent with, would in any way interfere with, or would in any way require an organization to surrender any right created in §§ 26-6-36 to 26-6-50 , inclusive.

Source: SL 2017, ch 114, § 4.
S.D. Codified Laws § 26-6-20 — SD Code / Title 26 / Chapter 6 / Section 26-6-20
Records on children in care of agencies--Information confidential
Status: in_force

Each child welfare agency shall keep and provide records regarding each child in its control and care to the Department of Social Services as the department may require. All records regarding children and all facts learned about children and their parents or relatives are confidential.

Source: SDC 1939, § 43.0319; SL 1939, ch 168, § 4; SDC Supp 1960, § 57.3709; SL 2014, ch 129, § 1.
S.D. Codified Laws § 26-7A-28 — SD Code / Title 26 / Chapter 7A / Section 26-7A-28
Release of information on identity of child prohibited except by court order or when child adjudicated delinquent offender
Status: in_force

No fingerprint, photograph, name, address, or other information concerning the identity of any child taken into temporary custody or issued a summons under this chapter or chapter 26-8A , 26-8B , or 26-8C may be released or transmitted to the Federal Bureau of Investigation or any other person or agency except in the following instances:

(1) To the person or party specifically authorized by order of the court; and

(2) To courts, law enforcement agencies, prosecuting attorneys, court services officers, and the Department of Social Services if the child is an adjudicated delinquent offender.

Information regarding an alleged, apparent, or adjudicated abused or neglected child may be released only in accordance with § 26-8A-13 .

Source: SDC 1939, § 43.0320 as enacted by SL 1968, ch 164, § 14; SL 1991, ch 217, § 35B; SDCL, § 26-8-19.6; SL 1992, ch 183, §§ 14, 17; SL 1992, ch 185.
S.D. Codified Laws § 26-5B-105 — SD Code / Title 26 / Chapter 5B / Section 26-5B-105
International application of chapter
Status: in_force

(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying Articles 1 and 2.

(b) Except as otherwise provided in subsection (c), a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under Article 3.

(c) A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.

Source: SL 2005, ch 137, § 5.
S.D. Codified Laws § 26-11A-13 — SD Code / Title 26 / Chapter 11A / Section 26-11A-13
Failure to comply with terms and conditions of aftercare--Duration of temporary detention or shelter--Violations
Status: in_force

A juvenile placed on aftercare supervision may be taken into temporary detention or shelter by an authorized employee of the Department of Corrections or a law enforcement officer if the juvenile has failed to comply with the terms and conditions of aftercare or if the purposes and objects of aftercare supervision are not being served.

No juvenile may be held in temporary detention or shelter longer than twenty - four hours, excluding Saturdays, Sundays, and holidays except as authorized pursuant to § 26-11A-14 .

No juvenile may be placed in temporary detention or shelter in violation of § 26-7A-26 .

Source: SL 1996, ch 172, § 63.
S.D. Codified Laws § 26-7A-78 — SD Code / Title 26 / Chapter 7A / Section 26-7A-78
Deposition enclosed, sealed, and endorsed--Transmitted to county clerk
Status: in_force

A deposition taken pursuant to this section shall be enclosed, sealed, and endorsed with the title of the action and the name of the officer taking the deposition. The officer taking the deposition shall address and transmit the deposition to the clerk of courts of the county where the action is being conducted. The deposition shall remain under seal until it is opened by the clerk of courts pursuant to the order of the court, the request of any party to the action or attorney for the party, or the request of the state's attorney.

Source: SL 1991, ch 217, § 70D.
S.D. Codified Laws § 26-10-27 — SD Code / Title 26 / Chapter 10 / Section 26-10-27
Knowledge of parent or guardian
Status: in_force

The knowledge of a custodial parent or guardian may not be imputed to a person under the age of eighteen years for the purposes of §§ 26-10-25 to 26-10-29 , inclusive.

Source: SL 1991, ch 219, § 3.
S.D. Codified Laws § 26-7A-115 — SD Code / Title 26 / Chapter 7A / Section 26-7A-115
Sealing records in action involving delinquent child--Inspection
Status: in_force

In any action involving a delinquent child, the records and files of the court may be sealed by a court order issued on the court's own motion or on the petition of the child or the child's parents. However, no such petition may be filed and considered by the court until after one year from the date of the child's unconditional release from the court's jurisdiction or the discharge of the child by the Department of Corrections, whichever date is later. Upon the filing of the petition, the court shall set a date for hearing and shall notify the state's attorney and any other party who the court believes may have relevant information about the delinquent child. The court may order sealed all of the court's records and files and the records and files in the custody or under the control of any other agency or official if at the hearing on the petition to seal the court finds:

(1) The delinquent child has not been adjudicated as a delinquent under this chapter or chapter 26-8C since the termination of the court's jurisdiction of the child or the discharge of the child by the Department of Corrections;

(2) No proceeding involving the delinquent child concerning a felony, a sexual contact offense, a misdemeanor involving moral turpitude or a petition under this chapter or chapter 26-8C is pending or is being instituted against the child; and

(3) The rehabilitation of the delinquent child has been attained to the satisfaction of the court.

Source: SL 1991, ch 217, § 109D.
S.D. Codified Laws § 26-8A-27 — SD Code / Title 26 / Chapter 8A / Section 26-8A-27
Final decree terminating parental rights of one or both parents--Child support arrearages--Custody of child
Status: in_force

On completion of a final dispositional hearing regarding a child adjudicated to be abused or neglected, the court may enter a final decree of disposition terminating all parental rights of one or both parents of the child if the court finds, by clear and convincing evidence, that the least restrictive alternative available commensurate with the best interests of the child with due regard for the rights of the parents, the public and the state so requires. The court may enter a decree terminating parental rights if the court finds, by clear and convincing evidence, that the parents have abandoned the child for at least six months and during this period the parents have not manifested to the child or to the physical custodian or caretaker of the child a firm intention to resume physical custody of the child and to make suitable arrangements for the care of the child. If the court decides to terminate parental rights, any existing child support arrearages shall be addressed by the court in the order terminating those parental rights.

Upon the entry of the final decree of disposition terminating the parental rights of both parents or of the surviving parent, the court shall vest the Department of Social Services with the custody and guardianship of the person of the child for the purpose of placing the child for adoption and authorizing appropriate personnel of the department to consent to adoption of the child without need for any notice or consent of any parent of the child. The final decree terminating parental rights is final and unconditional. The natural parents retain no post-termination rights or privileges including post-termination visitation except for any final visitation allowed by the department.

Upon the entry of a final decree of disposition terminating the parental rights of one parent, the court may leave the child in the custody of the remaining parent and end the proceedings.

Source: SDC 1939, § 43.0310; SL 1968, ch 164, § 8; SL 1991, ch 217, § 136B; SDCL § 26-8-36; SL 1997, ch 161, § 1; SL 2013, ch 119, § 21.
S.D. Codified Laws § 26-8A-16 — SD Code / Title 26 / Chapter 8A / Section 26-8A-16
Photographs, videotapes, or other images, and medical examinations taken without consent--Disposition
Status: in_force

Any person who receives a report under § 26-8A-3 may take or cause to be taken color photographs, videotapes, or other images of the areas of trauma visible on a child who is the subject of the report and may require a radiological or other medical examination or testing of the child without the consent of the child's parents, guardian, or custodian. All photographs, videotapes, or other images taken pursuant to this section shall be taken by a law enforcement official, the Department of Social Services, or a person authorized by a law enforcement official or the department. All photographs, videotapes, other images, X rays, and test results, or copies of them, shall be sent to the appropriate law enforcement agency or state's attorney or to the Department of Social Services. These photographs, videotapes, and other images need not be made a part of the child's medical or hospital records. Any photograph, videotapes, or other image in the possession of the Department of Social Services shall be destroyed by the Department of Social Services if no criminal prosecution or civil action is initiated within three years of the date that such material was received by the Department of Social Services.

Source: SL 1984, ch 192, § 10; SL 1991, ch 217, § 124B; SDCL, § 26-10-18 ; SL 1999, ch 135, § 1.
S.D. Codified Laws § 26-7A-69 — SD Code / Title 26 / Chapter 7A / Section 26-7A-69
State's attorney's right to inspect, copy, or photograph physical or mental examination results and reports of scientific tests or experiments
Status: in_force

If a respondent or a child requests disclosure under § 26-7A-61 and the state's attorney complies with the request, the respondent or the child, on the written request of the state's attorney, shall permit the state's attorney to inspect and copy or photograph any results or reports of physical or mental examinations and of scientific tests or experiments made in connection with the particular case, or copies of them, which are in the possession or control of the respondent or the child and which the respondent or the child intends to introduce as evidence in chief at the hearing or which were prepared by a witness whom the respondent or the child intends to call at the hearing when the results or reports relate to testimony of the witness.

Source: SL 1991, ch 217, § 69L.
S.D. Codified Laws § 26-11A-28 — SD Code / Title 26 / Chapter 11A / Section 26-11A-28
Monitor to report findings of abuse or neglect
Status: in_force

It shall be the responsibility of the monitor to report immediately, in writing, any findings of abuse or neglect in a juvenile corrections facility to the secretary of the Department of Corrections, the Government Operations and Audit Committee created in § 2-6-2 , and the Governor, and to state in the report the facts found by the monitor and the names of any individuals who perpetrated the abuse or neglect.

Source: SL 2000, ch 128, § 5.
S.D. Codified Laws § 26-7A-20 — SD Code / Title 26 / Chapter 7A / Section 26-7A-20
Release of child in need of supervision after temporary custody hearing--Exceptions
Status: in_force

If the child is an apparent, alleged, or adjudicated child in need of supervision, 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 parents, guardian, or custodian regarding care and supervision of the child, unless the court finds that the child should continue to be held in temporary custody for any of the following reasons:

(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 child under other 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;

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

(6) The child is a material witness, the detention is necessary because of implications of tampering with the child, and an affidavit so stating is filed with the court.

An apparent, alleged, or adjudicated child in need of supervision may not be placed in detention for longer than twenty - four hours after the temporary custody hearing unless the child has been accused of or has been found in violation of a valid court order as provided in § 26-8B-3 .

Source: SL 1991, ch 217, § 22B; SL 1994, ch 219, § 5; SL 1995, ch 148, § 6; SL 1996, ch 172, § 4; SL 2003, ch 149, § 13; SL 2021, ch 120, § 3.
S.D. Codified Laws § 26-7A-9 — SD Code / Title 26 / Chapter 7A / Section 26-7A-9
State's attorneys to represent state and Department of Social Services--Exemption
Status: in_force

The state's attorney shall represent the state in all proceedings brought under this chapter and chapter 26-8A , 26-8B , or 26-8C . The state's attorney shall also represent the Department of Social Services in any proceedings brought under this chapter or chapter 26-8A unless the Department of Social Services has selected a separate attorney and has so informed the concerned state's attorney and the court.

Source: SDC 1939, § 43.0309 as added by SL 1968, ch 164, § 7; SL 1991, ch 217, § 11B; SDCL, § 26-8-22.4.
S.D. Codified Laws § 26-11A-32 — SD Code / Title 26 / Chapter 11A / Section 26-11A-32
Retaliatory acts against individual who cooperates with monitor prohibited--Violation as misdemeanor
Status: in_force

No state agency nor any individual acting for a state agency may take any adverse action against an individual in retaliation because the individual cooperated with or provided information to the monitor. A violation of this section is a Class 1 misdemeanor.

Source: SL 2000, ch 128, § 9.
S.D. Codified Laws § 26-8A-7 — SD Code / Title 26 / Chapter 8A / Section 26-8A-7
Child abuse or neglect reports by school personnel--Failure as misdemeanor--Written policy required
Status: in_force

Any person who has contact with a child through the performance of services in any public or private school, whether accredited or unaccredited, as a teacher, school nurse, school counselor, school official or administrator, or any person providing services pursuant to § 13-27-3 shall notify the school principal or school superintendent or designee of suspected abuse or neglect. The school principal or superintendent shall report the information in accordance with the provisions of § 26-8A-8 . Any person who knowingly and intentionally fails to make a required report is guilty of a Class 1 misdemeanor. Each school district shall have a written policy on reporting of child abuse and neglect.

Source: SL 1984, ch 192, § 6; SL 1985, ch 215, § 3; SL 1991, ch 217, § 116B; SDCL Supp, § 26-10-11.1.
S.D. Codified Laws § 26-8A-15 — SD Code / Title 26 / Chapter 8A / Section 26-8A-15
Communications not privileged in child abuse or neglect cases
Status: in_force

The privilege of confidentiality set forth in §§ 19-2-3 , 19-19-503 , 19-19-504 , 19-19-508.1 , and 36-26-30 may not be claimed in any judicial proceeding involving an alleged abused or neglected child or resulting from the giving or causing the giving of a report concerning abuse or neglect of a child pursuant to §§ 26-8A-3 to 26-8A-8 , inclusive.

Source: SL 1964, ch 90, § 4; SL 1977, ch 209; SL 1989, ch 233; SL 1991, ch 217, § 123B; SDCL Supp, § 26-10-15.
S.D. Codified Laws § 26-7A-47 — SD Code / Title 26 / Chapter 7A / Section 26-7A-47
Service of summons
Status: in_force

The summons shall be served in the same manner as personal service of summons according to the rules of civil procedure or by publication as provided in this chapter not less than five days before the date of the hearing on the petition and shall be served as follows:

(1) On the child if the child is an alleged child in need of supervision or an alleged delinquent child or is a child who is apparently emancipated or is living independently and not residing with a parent, guardian, or custodian; and

(2) On the other persons or parties named in the summons.

Proofs of service, made according to the rules of civil procedure, shall be filed with the court before commencement of the hearing on the petition.

Source: SDC 1939, § 43.0306; SL 1991, ch 217, § 59B; SDCL, § 26-8-15.
S.D. Codified Laws § 26-7A-68 — SD Code / Title 26 / Chapter 7A / Section 26-7A-68
State's attorney may inspect, copy, or photograph documents or objects in possession of respondent or child
Status: in_force

If a respondent or a child requests disclosure under § 26-7A-60 and the state's attorney complies with the request, the respondent or the child, on the written request of the state's attorney, shall permit the state's attorney to inspect and copy or photograph books, papers, documents, photographs, tangible objects, or copies or portions of them which are in the possession, custody, or control of the respondent or the child and which the respondent or the child intends to introduce as evidence in chief at the hearing.

Source: SL 1991, ch 217, § 69K.
S.D. Codified Laws § 26-8E-2 — SD Code / Title 26 / Chapter 8E / Section 26-8E-2
Statewide use of response grids
Status: in_force

The response grids in Appendix A and Appendix B to this chapter are hereby adopted for statewide use by court services officers. The response grids shall be utilized statewide for all juvenile delinquency and child in need of supervision (CHINS) cases supervised through court services.

Source: SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
S.D. Codified Laws § 26-8A-31.1 — SD Code / Title 26 / Chapter 8A / Section 26-8A-31.1
Rights of child witness
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 may, on its own motion or by motion of an attorney in the proceeding, provide any of the following accommodations to the child:

(1) To be addressed, asked questions, and read the oath or affirmation to testify truthfully in an age-appropriate manner;

(2) To be free of nuisance or harassing tactics in the proceeding;

(3) To have a person who would contribute to the well-being of the child present, clearly visible, and in close proximity, if the person is not a witness in the proceeding;

(4) To have sufficient breaks in the proceedings to allow for the comfort of the child; or

(5) To have a certified therapeutic dog as defined in § 23A-24-10 , an item used to provide psychological comfort, or both, present in the room with the child.

Source: SL 2023, ch 85, § 2.
S.D. Codified Laws § 26-7A-32.10 — SD Code / Title 26 / Chapter 7A / Section 26-7A-32.10
Competency may be revisited upon transfer to adult court
Status: in_force

Notwithstanding a finding by the court that the juvenile is competent to proceed in a juvenile proceeding, if the juvenile is subsequently transferred to adult court the issue of the juvenile's competency may be revisited.

Source: SL 2013, ch 121, § 10.
S.D. Codified Laws § 26-6-20.4 — SD Code / Title 26 / Chapter 6 / Section 26-6-20.4
Deposit of money for resident when over specified amount
Status: in_force

If the amount of money entrusted to a home, center, or facility covered pursuant to the provisions of §§ 26-6-20.1 to 26-6-20.10 , inclusive, exceeds the amount of sixty dollars for any resident, any money in excess of that amount shall be deposited in a demand trust account pursuant to the provisions of § 26-6-20.3 .

Source: SL 1977, ch 279, § 4; SL 2015, ch 150, § 1.
S.D. Codified Laws § 26-7A-25 — SD Code / Title 26 / Chapter 7A / Section 26-7A-25
County to care for children pending adjudication
Status: in_force

A board of county commissioners shall provide by contract or otherwise for the temporary care, shelter or detention of children under this chapter and chapters 26-8A , 26-8B , and 26-8C pending the adjudication of such children. Section 26-7A-94 governs the payment of custodial costs of children.

Source: SDC 1939, § 43.0309; SL 1961, ch 213, § 1; SL 1968, ch 164, § 7; SL 1991, ch 217, § 32B; SDCL, § 26-8-28.
S.D. Codified Laws § 26-7A-26 — SD Code / Title 26 / Chapter 7A / Section 26-7A-26
Detention in jail with adult prisoners prohibited for abused or neglected child--Temporary detention--Detention with adults for child transferred to adult court
Status: in_force

No apparent, alleged, or adjudicated abused or neglected child may be securely detained at any time in a jail, lockup, or in any type of detention or temporary care facility containing adult prisoners. An apparent, alleged, or adjudicated child in need of supervision may not be securely detained in a jail, lockup, or in any type of detention or temporary care facility containing adult prisoners except for approved collocated detention centers as defined in § 26-7A-1 and as authorized in §§ 26-8B-3 , 26-8B-6 , and 26-7A-20 .

An apparent or alleged delinquent child may be held in an adult lockup or jail for up to six hours for purposes of identification, processing, interrogation, transfer to juvenile facility, or release to parents if the child is sight and sound separated from adult prisoners.

In any area not designated as a metropolitan statistical area by the United States Bureau of the Census, an apparent or alleged delinquent child may be held in an adult lockup or jail for up to forty-eight hours excluding holidays and weekends or until the temporary custody hearing, whichever is earlier, if the facility has been certified by the Department of Corrections as providing sight and sound separation of juveniles from adults and if no suitable juvenile facility is available.

A child who has been transferred to adult court pursuant to § 26-11-4 or a child who is being tried in circuit court as an adult pursuant to § 26-11-3.1 may be held in an adult lockup or jail if physically separated from adult prisoners.

A child who has attained the age of majority who is under the continuing jurisdiction of the court or the Department of Corrections may be held in an adult jail or lockup.

A child under the age of eighteen years who has been transferred to adult court pursuant to §§ 26-11-3.1 or 26-11-4 and who has been convicted of a felony as an adult may be held in an adult jail or lockup.

Source: SDC 1939, § 43.0309; SL 1968, ch 164, § 7; SL 1989, ch 229, § 1; SL 1991, ch 217, § 33B; SDCL Supp, § 26-8-29; SL 1992, ch 183, § 6; SL 1994, ch 219, § 8; SL 1996, ch 173; SL 1997, ch 158, § 3; SL 1997, ch 163, § 4; SL 2001, ch 139, § 1; SL 2003, ch 149, § 3; SL 2007, ch 163, § 2.
S.D. Codified Laws § 26-18-4 — SD Code / Title 26 / Chapter 18 / Section 26-18-4
Actions for abduction prevention measures
Status: in_force

(a) A court on its own motion may order abduction prevention measures in a child-custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child.

(b) A party to a child-custody determination or another individual or entity having a right under the law of this state or any other state to seek a child-custody determination for the child may file a petition seeking abduction prevention measures to protect the child under this chapter.

(c) A prosecutor or public authority designated under § 26-5B-315 may seek a warrant to take physical custody of a child under § 26-18-9 or other appropriate prevention measures.

Source: SL 2007, ch 169, § 4.
S.D. Codified Laws § 26-7A-15.3 — SD Code / Title 26 / Chapter 7A / Section 26-7A-15.3
Designated tribal agent defined
Status: in_force

As used in this chapter, the term, designated tribal agent, means the agent, agency, or entity designated by the tribe, through tribal code or resolution, to receive notices of child custody proceedings subject to the Indian Child Welfare Act. The tribe may provide, in writing, to the director of the Division of Child Protection Services, Department of Social Services, the name or title, address, telephone number, and facsimile number, if applicable, of the designated agent. The department shall make the information available electronically by posting the information on the department's website not later than ten business days after the information is received by the director. If a tribe does not designate a tribal agent for receipt of notice, notice shall be given in accordance with 25 C.F.R. 23.12.

Source: SL 2006, ch 144, § 2.
S.D. Codified Laws § 26-9-3 — SD Code / Title 26 / Chapter 9 / Section 26-9-3
Original jurisdiction of prosecutions
Status: in_force

Subject to § 16-12B-11 , the circuit court in all counties shall have original jurisdiction of all prosecutions under this chapter.

Source: SDC 1939, § 43.0408; SL 1971, ch 151, § 4; SL 2021, ch 86, § 3.
S.D. Codified Laws § 26-8A-35 — SD Code / Title 26 / Chapter 8A / Section 26-8A-35
Toxicology test of newborn infant for exposure to controlled substance--Report of positive result
Status: in_force

If a health care practitioner has reason to believe based on a medical assessment of a mother or a newborn infant that the mother used a controlled substance for a nonmedical purpose during the pregnancy, the health care practitioner may administer, with or without the consent of the newborn infant's parent or guardian, a toxicology test to the newborn infant under the health care practitioner's care to determine whether there is evidence of prenatal exposure to a controlled substance. If the test results are positive, the health care practitioner shall report the results pursuant to § 26-8A-8 .

Source: SL 2018, ch 167, § 1.
S.D. Codified Laws § 26-8A-1 — SD Code / Title 26 / Chapter 8A / Section 26-8A-1
Purpose of chapter
Status: in_force

It is the purpose of this chapter, in conjunction with chapter 26-7A , to establish an effective state and local system for protection of children from abuse or neglect. Adjudication of a child as an abused or neglected child is an adjudication of the status or condition of the child who is the subject of the proceedings and is not necessarily an adjudication against or in favor of any particular parent, guardian, or custodian of the child.

Source: SL 1991, ch 217, § 110.
S.D. Codified Laws § 26-7A-32.3 — SD Code / Title 26 / Chapter 7A / Section 26-7A-32.3
Raising issue of competency
Status: in_force

The issue as to a juvenile's competency to proceed may be raised by the juvenile, by the state, or sua sponte by the court at any point in the juvenile proceeding if there is reasonable cause to believe the juvenile is suffering from a mental illness or developmental disability rendering the juvenile incompetent to proceed. The term, incompetent to proceed, is defined by § 23A-10A-1 .

Source: SL 2013, ch 121, § 3.
S.D. Codified Laws § 26-7A-89 — SD Code / Title 26 / Chapter 7A / Section 26-7A-89
Continuance of case--Custody of child pending disposition--Term of continuance
Status: in_force

At any time after the filing of the petition and before the final disposition of the case, the court may continue the case from time to time. The court may issue orders it considers necessary allowing the child to remain in the custody of the child's parents, guardian, or custodian according to terms and conditions required by the court or placing the child in temporary custody. Any continuation of the case by the court may extend no longer than three months between hearings.

Source: SDC 1939, § 43.0309; SL 1961, ch 212; SL 1968, ch 164, § 7; SL 1991, ch 217, § 79B; SDCL, § 26-8-23.
S.D. Codified Laws § 26-7A-7 — SD Code / Title 26 / Chapter 7A / Section 26-7A-7
Interference with court orders as contempt--Punishment
Status: in_force

Any person who interferes or fails to comply with any order of the court affecting the direction or disposition of any child made pursuant to provisions of this chapter or chapter 26-8A , 26-8B , or 26-8C may be held in contempt of court and is subject to punishment as for contempt of court.

Source: SDC 1939, § 43.0332; SL 1990, ch 198, § 2; SL 1991, ch 217, § 6B; SDCL Supp, § 26-7-13.
S.D. Codified Laws § 26-8B-1 — SD Code / Title 26 / Chapter 8B / Section 26-8B-1
Purpose of chapter
Status: in_force

It is the purpose of this chapter, in conjunction with chapter 26-7A , to establish an effective state and local system for children in need of supervision, including a focus on community-based rehabilitation.

Source: SL 1991, ch 217, § 140; SL 2015, ch 152, § 28.
S.D. Codified Laws § 26-2-7 — SD Code / Title 26 / Chapter 2 / Section 26-2-7
Blood donations by minors
Status: in_force

Any person of the age of sixteen years may donate blood if the potential donor obtains the written consent of a parent or guardian. Any person of the age of seventeen years or over may donate blood without obtaining the consent of a parent or guardian. However, no person may take blood for donation from any person of the age of seventeen if the parent or guardian of such potential donor specifically requests of the person taking the blood that such donation be prohibited.

Source: SL 1970, ch 148; SL 1977, ch 206; SL 2009, ch 134, § 1.
S.D. Codified Laws § 26-8C-2 — SD Code / Title 26 / Chapter 8C / Section 26-8C-2
Delinquent child defined
Status: in_force

In this chapter and chapter 26-7A , the term "delinquent child" means any child ten years of age or older who, regardless of where the violation occurred, has violated any federal, state, or local law or regulation for which there is a penalty of a criminal nature for an adult, except state or municipal hunting, fishing, boating, park, or traffic laws that are classified as misdemeanors, petty offenses, or any violation of § 32-23-21 , 35-9-2 , or subdivision 34-46-2 (2).

Source: SDC 1939, § 43.0301 (8) as enacted by SL 1968, ch 164, § 1; SL 1973, ch 169, § 1; SL 1974, ch 153, § 45; SL 1976, ch 158, § 43-5; SL 1981, ch 201; SL 1991, ch 217, § 152B; SDCL, § 26-8-7; SL 1994, ch 219, § 1; SL 1996, ch 179, § 2; SL 2000, ch 124, § 1; SL 2003, ch 149, § 7; SL 2004, ch 218, § 3; SL 2024, ch 99, § 2.
S.D. Codified Laws § 26-7A-17 — SD Code / Title 26 / Chapter 7A / Section 26-7A-17
Notice to state's attorney of child taken into temporary custody--Written report--Notice to court
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 notify the state's attorney at the earliest opportunity of the time the child was taken into temporary custody and the location of the child. The officer or party shall also file a written report promptly with the state's attorney stating the facts which caused placement of the child in temporary custody, the identity and age of the child, available information about identities and locations of the child's parents, guardian, or custodian and if the parties were notified of the action. The state's attorney shall promptly notify the court.

Source: SDC 1939, § 43.0320 as enacted by SL 1968, ch 164, § 14; SL 1979, ch 171, § 4; SL 1989, ch 226, § 4; SL 1991, ch 217, § 21B; SDCL Supp, § 26-8-19.4.
S.D. Codified Laws § 26-5B-201 — SD Code / Title 26 / Chapter 5B / Section 26-5B-201
Initial child-custody jurisdiction
Status: in_force

(a) Except as otherwise provided in § 26-5B-204 , a court of this state has jurisdiction to make an initial child-custody determination only if:

(1) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;

(2) A court of another state does not have jurisdiction under paragraph (1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under § 26-5B-207 or 26-5B-208 , and:

(A) The child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and

(B) Substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships;

(3) All courts having jurisdiction under paragraph (1) or (2) have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under § 26-5B-207 or 26-5B-208 ; or

(4) No court of any other state would have jurisdiction under the criteria specified in paragraph (1), (2), or (3).

(b) Subsection (a) is the exclusive jurisdictional basis for making a child-custody determination by a court of this state.

(c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-custody determination.

Source: SL 2005, ch 137, § 13.
S.D. Codified Laws § 26-11A-3 — SD Code / Title 26 / Chapter 11A / Section 26-11A-3
Liability for medical and related services cost for committed juvenile--Securing payment on failure of responsible party to pay
Status: in_force

The parent or parents, guardian, conservator, custodian, or other responsible party is liable for the medical, dental, optical, psychological, and other like services of a juvenile committed to the Department of Corrections. Upon failure to pay, the department may proceed to secure payment of such costs by the parent or parents, guardian, conservator, custodian, or other responsible party through civil judgment.

Source: SL 1996, ch 172, § 53.
S.D. Codified Laws § 26-6-36 — SD Code / Title 26 / Chapter 6 / Section 26-6-36
Definitions relating to religious child-placement agencies
Status: in_force

Terms used in §§ 26-6-36 to 26-6-50 , inclusive, mean:

(1) "Child-placement agency," a private organization that receives and places children in foster homes or for adoption, with or without compensation, as a regular activity of that organization or that performs those services as an adjunct to other regular activities;

(2) "State benefit program," any program administered or funded by the state or by any agent on behalf of the state that provides cash, payments, grants, contracts, loans or in-kind assistance;

(3) "State,":

(a) The State of South Dakota or any political subdivision thereof;

(b) Any agency of the State of South Dakota or of a political subdivision of the state including any department, bureau, board, commission, council, court, or public institution of higher education;

(c) Any person acting under the authority of state law.

Source: SL 2017, ch 114, § 1.
S.D. Codified Laws § 26-11A-12 — SD Code / Title 26 / Chapter 11A / Section 26-11A-12
Aftercare supervision program for juveniles conditionally released--Foster care--Terms, conditions, and duration of aftercare given in writing
Status: in_force

The Department of Corrections may establish an aftercare supervision program to supervise juveniles in the community if they have been conditionally released from a department facility or program, the Human Services Center, detention, shelter, or a group home, group care center, or residential treatment center.

As part of an aftercare supervision program, the department may place a juvenile in foster care, with one or both parents, a guardian, conservator, or a relative of the juvenile or with another suitable person.

The terms, conditions, and duration of aftercare supervision shall be given in writing and fully explained to each juvenile placed on aftercare and a parent or custodian of such juvenile. The Department of Corrections may modify the terms, conditions, and duration of aftercare at any time.

Source: SL 1996, ch 172, § 62.
S.D. Codified Laws § 26-8E-10 — SD Code / Title 26 / Chapter 8E / Section 26-8E-10
Juvenile response grid oversight committee
Status: in_force

There is hereby established a juvenile response grid oversight committee to consider recommendations to the graduated response grid and make such changes as the committee determines appropriate by majority vote. The committee shall be appointed by the Chief Justice of the South Dakota Supreme Court. The committee shall consist of nine members and be composed of two judges, two chief court services officers, one deputy chief court services officer, two court services officers that are not chief or deputy chief court services officers, one state's attorney and one defense attorney. The director of trial court services shall also serve as a non-voting member of the committee. The committee shall meet within 180 days from appointment and at least annually thereafter.

Source: SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
S.D. Codified Laws § 26-6-18.1 — SD Code / Title 26 / Chapter 6 / Section 26-6-18.1
Establishment and support of day care centers by counties and municipalities
Status: in_force

The boards of county commissioners of the several counties and the governing boards of municipalities may establish and maintain day care centers as defined in subdivision 26-6-14(3), and may contribute sums of money annually to establish, promote, and support nonprofit organizations engaged in such programs.

Source: SL 1975, ch 69, § 1.
S.D. Codified Laws § 26-7A-83 — SD Code / Title 26 / Chapter 7A / Section 26-7A-83
Evidence considered at adjudicatory hearing--Appearance of party preparing reports and materials used as evidence
Status: in_force

Written reports and other material and information relating to the child's mental, physical, and social history may be received and considered by the court at the adjudicatory hearing together with other evidence relating to the allegations of the petition or circumstances then affecting the child. If requested by the child or the child's parents, guardian, custodian, or other interested party appearing as respondent in the action, the court shall require the party who prepared the reports or material to appear as a witness and be subject to both direct and cross - examination. In the absence of a request regarding the appearance of the party preparing the reports or material, the court may order the party who prepared the report or material to appear and testify if the court finds that interests of the child or the child's parent, guardian, or custodian or any other respondent to the proceedings so require.

Source: SL 1991, ch 217, § 71C.
S.D. Codified Laws § 26-6-14.13 — SD Code / Title 26 / Chapter 6 / Section 26-6-14.13
Information from another state's central registry or national crime database to be used only for background check
Status: in_force

Information obtained from another state's child abuse and neglect central registry or from the national crime information databases for the purpose of conducting a background check under § 26-6-14.5 or for approval of a foster or adoptive placement may be used for purposes related to conducting the background check only and may not be released except as authorized by law.

Source: SL 2007, ch 162, § 1; SL 2019, ch 124, § 2.
S.D. Codified Laws § 26-7A-67 — SD Code / Title 26 / Chapter 7A / Section 26-7A-67
"Statement" defined
Status: in_force

The term, "statement," as used in §§ 26-7A-64 to 26-7A-66 , inclusive, in relation to any witness called by the state's attorney, means:

(1) A written statement made by the witness and signed or otherwise adopted or approved by the witness;

(2) A stenographic, mechanical, electrical, or other recording, or a transcription of a recording, which is a substantially verbatim recital of an oral statement made by the witness and recorded contemporaneously with the making of the oral statement; or

(3) A summary of an oral declaration made by someone other than the witness that has been reduced to writing.

Source: SL 1991, ch 217, § 69J.
S.D. Codified Laws § 26-11-3.1 — SD Code / Title 26 / Chapter 11 / Section 26-11-3.1
Request for transfer hearing by delinquent child charged with felony
Status: in_force

Any delinquent child sixteen years of age or older against whom Class A, Class B, Class C, Class 1, or Class 2 felony charges have been filed shall be tried in circuit court as an adult. However, the child may request a transfer hearing which shall be conducted pursuant to § 26-11-4 to determine if it is in the best interest of the public that the child be tried in circuit court as an adult. In such a transfer hearing, there is a rebuttable presumption that it is in the best interest of the public that any child, sixteen years of age or older, who is charged with a Class A, Class B, Class C, Class 1, or Class 2 felony, shall be tried as an adult.

Source: SL 1997, ch 163, § 1; SL 2006, ch 117, § 5.
S.D. Codified Laws § 26-10-32 — SD Code / Title 26 / Chapter 10 / Section 26-10-32
Branding of a minor prohibited--Violation as misdemeanor or felony
Status: in_force

No person may brand a minor. For the purposes of this section, the term, brand, means to make a permanent mark on a person's skin through the use of heat, cold, or a chemical compound, or to cut, tear, or abrade the skin for the purpose of creating a permanent mark or design. It is not a violation of this section to tattoo a minor in compliance with the provisions of § 26-10-19 . It is not a violation of this section to pierce any part of a minor's body for the purpose of jewelry or adornment with consent. A violation of this section is a Class 1 misdemeanor. However, any second or subsequent violation of this section is a Class 6 felony.

Source: SL 2008, ch 141, § 1.
S.D. Codified Laws § 26-7A-96 — SD Code / Title 26 / Chapter 7A / Section 26-7A-96
Acceptance and expenditure of additional funds for custodial care costs
Status: in_force

The secretary of the Department of Corrections may accept and expend for the purpose of § 26-7A-94 , in addition to the amount in that section, any funds obtained from federal sources, gifts, contributions, or any other source if the acceptance and expenditure are approved in accordance with § 4-8B-10 .

Source: SL 1989, ch 230, § 3; SL 1991, ch 217, § 90B; SDCL Supp, § 26-8-40.10.
S.D. Codified Laws § 26-11A-9 — SD Code / Title 26 / Chapter 11A / Section 26-11A-9
Transfer of juvenile after initial placement
Status: in_force

After the juvenile's initial placement pursuant to § 26-11A-8 , the secretary of corrections may transfer a juvenile to a different Department of Corrections facility or program, the Human Services Center, detention, shelter, or a group home, group care center, residential treatment center, or other community-based services.

Source: SL 1996, ch 172, § 59; SL 2007, ch 163, § 5.
S.D. Codified Laws § 26-7A-120 — SD Code / Title 26 / Chapter 7A / Section 26-7A-120
Confidentiality of records
Status: in_force

Records prepared or maintained by court services officers are confidential. However, such records may be inspected by, or disclosed to, justices, judges, magistrates, and employees of the Unified Judicial System in the course of their duties and to persons specifically authorized by order of the court.

Source: SL 1994, ch 217, § 1.
S.D. Codified Laws § 26-5B-102 — SD Code / Title 26 / Chapter 5B / Section 26-5B-102
Definitions
Status: in_force

In this chapter:

(1) "Abandoned" means left without provision for reasonable and necessary care or supervision.

(2) "Child" means an individual who has not attained eighteen years of age.

(3) "Child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.

(4) "Child-custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under Article 3.

(5) "Commencement" means the filing of the first pleading in a proceeding.

(6) "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child-custody determination.

(7) "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.

(8) "Initial determination" means the first child-custody determination concerning a particular child.

(9) "Issuing court" means the court that makes a child-custody determination for which enforcement is sought under this chapter.

(10) "Issuing state" means the state in which a child-custody determination is made.

(11) "Modification" means a child-custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.

(12) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.

(13) "Person acting as a parent" means a person, other than a parent, who:

(A) Has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child-custody proceeding; and

(B) Has been awarded legal custody by a court or claims a right to legal custody under the law of this state.

(14) "Physical custody" means the physical care and supervision of a child.

(15) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(16) "Tribe" means an Indian tribe or band, or Alaskan Native village, which is recognized by federal law or formally acknowledged by a state.

(17) "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child.

Source: SL 2005, ch 137, § 2.
S.D. Codified Laws § 26-7A-109 — SD Code / Title 26 / Chapter 7A / Section 26-7A-109
Petition for modification or termination of custody decree on change of circumstances
Status: in_force

If custody of a child has been vested by the court in an individual, institution, or agency, other than the Department of Corrections, a parent whose parental rights have not been terminated, or a former guardian or custodian of the child may petition the court for restoration of custody or other modification or termination of the prior custodial order or decree on the ground that a change of circumstances has occurred which requires the modification or termination in the best interests of the child, the public and the state.

Source: SDC 1939, § 43.0328 as added by SL 1968, ch 164, § 17; SL 1991, ch 217, § 105B; SDCL, § 26-8-62; SL 1996, ch 172, § 13.
S.D. Codified Laws § 26-16-6 — SD Code / Title 26 / Chapter 16 / Section 26-16-6
Education records
Status: in_force

To the extent that the county interdisciplinary child information team is involved in a proceeding that is held prior to adjudication by a court, the team satisfies the requirements of 20 U.S.C. 1232g(b)(1)(E)(ii)(I) of the Family Educational Rights and Privacy Act of 1974. South Dakota school districts may release education records to the team. The terms of the written agreement, as provided for in § 26-16-5 , shall include a requirement that the officials and authorities to whom the information is disclosed certify in writing to the school district that is releasing the education records that the education records or information from the education records will not be disclosed to any other party without the prior written consent of the parent or guardian of the student.

Source: SL 2005, ch 143, § 6.
S.D. Codified Laws § 26-7A-32.4 — SD Code / Title 26 / Chapter 7A / Section 26-7A-32.4
Competency examination
Status: in_force

If the court determines that a competency determination is necessary, the court shall order the juvenile be examined by a licensed psychiatrist or psychologist who is familiar with the clinical evaluation of juveniles. The examination shall take place within thirty days of the court's order unless good cause is shown for a delay.

Source: SL 2013, ch 121, § 4.
S.D. Codified Laws § 26-8A-34 — SD Code / Title 26 / Chapter 8A / Section 26-8A-34
Alcohol or drug testing as condition of child placement or return
Status: in_force

If the court finds the apparent, alleged, or adjudicated abuse or neglect of a child was related to the use of alcohol, marijuana, or any controlled drug or substance, the placement or return of the child may be subject to the condition, if the court so orders, that a parent, guardian, custodian, or any other adult residing in the home submit to tests for alcohol, marijuana, or any controlled drug or substance prior to or during the placement or return of the child. If a parent, guardian, custodian, or any other adult, who resides in the home and has been ordered by the court to submit to testing for alcohol, marijuana, or any controlled drug or substance, tests positive for alcohol, marijuana, or any controlled drug or substance, or fails to submit to the test as required, the Department of Social Services may immediately remove the child from the physical custody of the parent, guardian, or custodian, 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 in this section, 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 .

Source: SL 2008, ch 6, § 2.
S.D. Codified Laws § 26-7A-70 — SD Code / Title 26 / Chapter 7A / Section 26-7A-70
State's attorney prohibited from inspection of internal documents made by respondent or child or attorneys in connection with case
Status: in_force

Sections 26-7A-68 and 26-7A-69 authorize discovery or inspection of scientific or medical reports and do not authorize the discovery or inspection of reports, memoranda, or other internal case presentation documents made by the respondent or the child or their attorneys or agents in connection with the investigation or presentation of their case or of statements made by the respondent or the child, or by witnesses or prospective witness for the state or any respondent or child to any respondent or the child or their agents or attorneys.

Source: SL 1991, ch 217, § 69M.
S.D. Codified Laws § 26-8E-7 — SD Code / Title 26 / Chapter 8E / Section 26-8E-7
Factors for imposing sanction--Positive reinforcement
Status: in_force

Court services officers shall consider the risk the juvenile probationer poses to the community, the severity of any violation, prior history on probation, previous violations or sanctions, and the deterrent effect when imposing a sanction. The court services officer shall also employ positive reinforcement for a probationer's compliance with the conditions of supervision and completion of benchmarks during the term of supervision.

Source: SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
S.D. Codified Laws § 26-7A-79 — SD Code / Title 26 / Chapter 7A / Section 26-7A-79
Use of depositions
Status: in_force

At any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if it appears:

(1) That the deponent is dead;

(2) That the deponent is out of the state, unless it appears that the absence of the deponent was procured by the party offering the deposition;

(3) That the deponent is unable to attend or testify because of illness or infirmity;

(4) That the deponent is confined in jail or prison outside the state; or

(5) That such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used, and the offering party has made application and given notice.

If a deposition has been taken, it may be read in any phase of the same action and on any hearing of the action. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. If only a part of a deposition is offered in evidence by a party, an adverse party may require the offering party to offer all of the deposition that is relevant to the part offered and any party may offer other parts.

Source: SL 1991, ch 217, § 70E.
S.D. Codified Laws § 26-7A-125 — SD Code / Title 26 / Chapter 7A / Section 26-7A-125
Graduated sanctions and incentives program for responding to probation violations
Status: in_force

The Supreme Court shall establish rules, pursuant to § 16-3-1 , to develop a graduated sanctions and incentives procedure and grid to guide court services officers in determining the appropriate response to a violation of terms or conditions of probation in juvenile cases. If the graduated sanctions program includes detention, a stay may not exceed forty-eight hours, and may not exceed twenty-four hours for children in need of supervision pursuant to § 26-8B-3 . The Unified Judicial System shall collect data related to the use of sanctions, grid compliance and program outcomes, and shall include a process for reviewing sanctions that are challenged by the juvenile. The system of graduated sanctions shall be created with the following objectives:

(1) Responding to violations of probation quickly, consistently, and proportionally;

(2) Reducing the time and resources expended by the court to respond to violations; and

(3) Reducing the likelihood of a new delinquent act.

Source: SL 2015, ch 152, § 25, eff. Jan. 1, 2016.
S.D. Codified Laws § 26-7A-122 — SD Code / Title 26 / Chapter 7A / Section 26-7A-122
Court discharge of child from Department of Corrections--Restoration to parent, guardian, or custodian or change in placement--Resisting discharge
Status: in_force

The court committing a child to the Department of Corrections under this chapter and chapters 26-8B and 26-8C may, at any time after making the commitment and as long as the child is under the jurisdiction of the department, upon proper application and noticed hearing, order the discharge of the child from the department, order the child to be restored to the child's parents, guardian, or custodian or order the child to be placed under the guardianship of another person appointed by the court and placed in a suitable family home. At the hearing the court shall determine if the best interests of the child will be promoted by the child's discharge from the department.

The secretary of corrections may appear at the hearing and resist the application. The court shall give the secretary ten days advance notice of the application and hearing. The secretary shall have five days after receipt of the notice to inform the court if the secretary will appear and resist the application.

Source: SL 1996, ch 172, § 17.
S.D. Codified Laws § 26-8A-10.2 — SD Code / Title 26 / Chapter 8A / Section 26-8A-10.2
Exception to notice requirement
Status: in_force

The provisions of § 26-8A-10.1 do not apply if the department has good cause to believe that the provisions of the information will be seriously detrimental to the best interests of the child.

Source: SL 2006, ch 145, § 2.
S.D. Codified Laws § 26-11A-27.1 — SD Code / Title 26 / Chapter 11A / Section 26-11A-27.1
Certification that report of activities of monitor does not disclose juvenile's or other person's identity
Status: in_force

Prior to the release of the semi-annual report of the monitor as provided for in subdivision 26-11A-27(4), the attorney general shall certify that that report does not disclose the identity of any juvenile or other person in violation of the provisions of § 26-11A-30 or 26-11A-33 . Upon such certification, the monitor's semi-annual report is deemed an open record.

Source: SL 2007, ch 168, § 1.
S.D. Codified Laws § 26-7A-74 — SD Code / Title 26 / Chapter 7A / Section 26-7A-74
Depositions--"Respondent" defined--"Child" defined
Status: in_force

Sections 26-7A-75 to 26-7A-81 , inclusive, relate to depositions in proceedings during the adjudicatory and dispositional phases under this chapter and chapters 26-8A , 26-8B , and 26-8C . In these sections, the term "respondent" means the child's parents, guardian, or custodian or any other interested party other than Department of Social Services, court services, and the state, and the term "child" means the child who is the subject of the proceedings.

Source: SL 1991, ch 217, § 70.
S.D. Codified Laws § 26-9-14 — SD Code / Title 26 / Chapter 9 / Section 26-9-14
Maximum period of suspension or stay of sentence--Release and discharge on compliance with terms
Status: in_force

No sentence shall be suspended or final judgment or execution stayed, in the case of any person found guilty under § 26-9-1 , to exceed a period of two years. If at any time prior thereto it shall appear to the satisfaction of the court that such person has complied faithfully with the conditions of any suspended sentence, judgment, or execution, or is for any cause in the opinion of the court entitled to be released therefrom, the court may suspend such sentence indefinitely, in which case such person shall be finally released and discharged, as he shall be in any event at the end of two years from imposition of any such sentence. But if any defendant be actually serving a jail sentence imposed under § 26-9-1 and enforced before the expiration of such two years in accordance with the provisions of this chapter, then in such case the defendant shall not be finally discharged until the expiration of any such sentence.

Source: SDC 1939, § 43.0406.
S.D. Codified Laws § 26-11-1 — SD Code / Title 26 / Chapter 11 / Section 26-11-1
Proceedings on offense for which child not subject to delinquency proceedings--Prosecution as adult--Detention in adult jail or lockup
Status: in_force

If any child under the age of eighteen years is arrested, with or without a warrant, for a violation of any law or municipal ordinance for which the child is not subject to proceedings as a child in need of supervision as defined in § 26-8B-2 or a delinquent child as defined in 26-8C-2 or for a violation of subdivision 34-46-2(2), the child shall be brought before the judge of a court having jurisdiction over the offense and proceedings shall be conducted as though the child were eighteen years of age or older.

A child under the age of eighteen years, subject to proceedings pursuant to this section and accused of a Class 2 misdemeanor, may be held in or sentenced to a detention or temporary care facility for up to seven days if sight and sound separated from adult prisoners. No child may be held in or sentenced to a detention facility for a violation of subdivision 34-46-2(2).

A child under the age of eighteen years, subject to proceedings pursuant to this section and accused of a Class 1 misdemeanor, may be held in or sentenced to a detention or temporary care facility for up to thirty days if sight and sound separated from adult prisoners.

Source: SDC 1939, § 43.0318 as added by SL 1961, ch 214, § 1; SL 1973, ch 169, § 2; SL 1991, ch 217, § 173; SL 1996, ch 179, § 3; SL 1997, ch 158, § 5; SL 1998, ch 215, § 4; SL 2003, ch 149, § 8.
S.D. Codified Laws § 26-17-3 — SD Code / Title 26 / Chapter 17 / Section 26-17-3
Notice to parents that information integrated into computer
Status: in_force

Whenever a law enforcement agency integrates information about a missing child into the national crime information center computer, the law enforcement agency shall promptly notify the missing child's parents, custodial parent, guardian, or legal custodian, or any other person responsible for the missing child, of that action.

Source: SL 1985, ch 217, § 7; SDCL, § 22-19-15; SL 2005, ch 120, §§ 123, 125.
S.D. Codified Laws § 26-6-46 — SD Code / Title 26 / Chapter 6 / Section 26-6-46
Broad protection of free exercise of religious beliefs and moral convictions
Status: in_force

The provisions of §§ 26-6-36 to 26-6-50 , inclusive, shall be construed in favor of a broad protection of free exercise of religious beliefs and moral convictions, to the maximum extent afforded by the federal and state constitutions. The protection of free exercise of religious beliefs and moral convictions afforded by §§ 26-6-36 to 26-6-50 , inclusive, is in addition to the protections provided under federal law, state law, and the federal and state constitutions. Nothing in this section may be construed to:

(1) Preempt or repeal any state or local law that is equally or more protective of free exercise of religious beliefs or moral convictions;

(2) Narrow the meaning or application of any state or local law protecting free exercise of religious beliefs or moral convictions; or

(3) Prevent the state from providing, either directly or through an individual or entity not seeking protection under §§ 26-6-36 to 26-6-50 , inclusive, any benefit or service authorized under state law.

Source: SL 2017, ch 114, § 11.
S.D. Codified Laws § 26-5B-405 — SD Code / Title 26 / Chapter 5B / Section 26-5B-405
Transitional provision
Status: in_force

A motion or other request for relief made in a child-custody proceeding or to enforce a child-custody determination which was commenced before July 1, 2005, is governed by the law in effect at the time the motion or other request was made.

Source: SL 2005, ch 137, § 44.
S.D. Codified Laws § 26-6-16 — SD Code / Title 26 / Chapter 6 / Section 26-6-16
Rules for child care by licensed or registered agencies promulgated by department--Matters included in rules
Status: in_force

The Department of Social Services shall promulgate rules pursuant to chapter 1-26 to establish standards of care of children outside their own homes by licensed or registered child welfare agencies. The rules may not include requirements as to incorporation as nonprofit entities, but may include:

(1) Qualifications and training of personnel engaged in child care services;

(2) Requirements relating to safety, sanitation, condition, maintenance, and approval of physical plant and equipment utilized in child care;

(3) Recordkeeping requirements to ensure compliance with this chapter;

(4) The keeping of health records for children in care, those persons providing care, and other persons present in the care setting;

(5) The numbers, ages, and sex of children cared for;

(6) Program policies and standards of operation regarding the health and safety of children;

(7) Requirements to have policies on fees, payments, and refunds for services paid for directly or indirectly out of public funds;

(8) Health and nutrition standards and medication control;

(9) Conditions which must be met for the issuance of a provisional license;

(10) Criminal offenses, including felonies and misdemeanors under federal and state law, the commission of which renders an applicant ineligible for the grant or retention of a license under §§ 26-6-14.3 to 26-6-14.7 , inclusive, or the commission of which is grounds for preventing other persons specified in § 26-6-14.4 from having contact or employment with a child welfare agency; and

(11) Such other provisions as may be required for federal financial participation.

Source: SL 1939, ch 168, § 2; SDC Supp 1960, § 55.3707; SL 1965, ch 248, § 2; SL 1979, ch 170, § 4; SL 1981, ch 199, § 12; SL 1988, ch 208, § 6; SL 1988, ch 209, § 2; SL 1988, ch 210; SL 1996, ch 171.
S.D. Codified Laws § 26-6-44 — SD Code / Title 26 / Chapter 6 / Section 26-6-44
Relief available for successful claim or defense
Status: in_force

Any person who successfully asserts a claim or defense pursuant to §§ 26-6-36 to 26-6-50 , inclusive, may recover the following:

(1) Declaratory relief;

(2) Injunctive relief to prevent or remedy a violation of the provisions of §§ 26-6-36 to 26-6-50 , inclusive, or the effects of that violation; and

(3) Any other relief authorized by law.

Source: SL 2017, ch 114, § 9.
S.D. Codified Laws § 26-18-5 — SD Code / Title 26 / Chapter 18 / Section 26-18-5
Jurisdiction
Status: in_force

(a) A petition under this chapter may be filed only in a court that has jurisdiction to make a child-custody determination with respect to the child at issue under chapter 26-5B .

(b) A court of this state has temporary emergency jurisdiction under § 26-5B-204 if the court finds a credible risk of abduction.

Source: SL 2007, ch 169, § 5.
S.D. Codified Laws § 26-11-5.3 — SD Code / Title 26 / Chapter 11 / Section 26-11-5.3
Disclosure of student's adjudication or conviction governed by federal law--Conditions
Status: in_force

The information disclosed pursuant to § 26-11-5.2 is governed by the federal Family Educational Rights and Privacy Act (FERPA) as implemented in 34 CFR part 99, as effective on January 1, 2001. The Unified Judicial System shall disclose the information to the chief administrator of a nonpublic school only upon request and upon the execution of an agreement to follow the provisions of the federal Family Educational Rights and Privacy Act (FERPA) with regard to the information.

Source: SL 2001, ch 146, § 2.
S.D. Codified Laws § 26-6-14.5 — SD Code / Title 26 / Chapter 6 / Section 26-6-14.5
Waiver, fingerprinting, and declaration as condition of employment--Time--Immediate termination of employee
Status: in_force

Subsequent to initial licensure, any person specified in § 26-6-14.4 shall, as a condition to employment, residence, or presence in a child welfare agency sign the waiver set forth in § 23-5-12 , be fingerprinted and sign a declaration under penalty of perjury regarding any prior criminal conviction and military history. The licensee shall submit these fingerprints to the South Dakota Division of Criminal Investigation and the Federal Bureau of Investigation Identification Division not later than fourteen calendar days following employment, residence, or initial presence in the child welfare agency. If it is determined that the person has been convicted of a crime specified by rules of the department, the licensee shall act immediately to terminate the person's employment and remove the person from the child welfare agency or bar the person from entering the child welfare agency.

Source: SL 1988, ch 208, § 3; SL 1993, ch 197, § 2.
S.D. Codified Laws § 26-6-28 — SD Code / Title 26 / Chapter 6 / Section 26-6-28
Reduction of number of children in foster care
Status: in_force

Each year, the Department of Social Services shall reduce the number of children who have been in foster care more than twenty - four months and who have received or are receiving assistance under Title IV - E of the Social Security Act. The amount of the reduction shall be one - half of one percent of the number of foster children in care during the preceding federal fiscal year.

Source: SL 1982, ch 199; SL 2004, ch 167, § 5.
S.D. Codified Laws § 26-7A-99 — SD Code / Title 26 / Chapter 7A / Section 26-7A-99
Order of wage assignment for support of child--Discovery of employment--Disobedience as contempt
Status: in_force

If a party ordered to pay child support and all statutory fees and costs related to expenses incurred on behalf of the child, or any portion of them, pursuant to § 26-7A-98 or pursuant to a court order under any other applicable statute, is employed for wages, salary, or commission, the court may order that the amount of child support, fees, and costs to be paid by the party shall be paid to the guardian or institution out of the party's wages, salary, or commission, and the party shall accordingly execute an assignment. The court may also order the party obligated to pay child support, fees, and costs, or any portion of them, to periodically make complete disclosure to the court of the party's place or places of employment and the amount and nature of earnings. If the party fails to obey the order of the court, the party may be punished as for civil contempt.

Source: SDC 1939, § 43.0326; SL 1991, ch 217, § 94B; SDCL, § 26-8-46.
S.D. Codified Laws § 26-8A-19 — SD Code / Title 26 / Chapter 8A / Section 26-8A-19
Abused and neglected child defense fund--Distribution to counties--Pro rata
Status: in_force

There is hereby created in the office of the state treasurer an abused and neglected child defense fund. All moneys in the abused and neglected child defense fund shall be annually distributed by the state treasurer to the counties on a pro rata basis. The state treasurer shall, within sixty days of the end of the fiscal year, determine and verify from receipts and expenditure records the total expenditures by all counties in the state for the representation of abused and neglected children. He shall then establish a percentage ratio between moneys collected in the fund for the past fiscal year and the total expenditures by counties for the representation of abused and neglected children. That percentage ratio shall then be applied to each county's expenditure for the representation of abused and neglected children to determine its respective payment from the fund.

Source: SL 1991, ch 197, §§ 2, 3.
S.D. Codified Laws § 26-6-14.2 — SD Code / Title 26 / Chapter 6 / Section 26-6-14.2
Registration of family day care homes--Rules--Exemption--Investigation--Duration of registration--Assignment prohibited
Status: in_force

Application for registration for operation of a family day care home shall be made on forms provided by the Department of Social Services and in the manner prescribed by the department. The secretary of social services shall promulgate rules regulating family day care homes providing services paid for directly or indirectly out of public funds. The rules shall be promulgated pursuant to chapter 1-26 . However, the rules and the registration required by § 26-6-14.1 do not apply to family day care homes providing services not paid for directly or indirectly out of public funds. The department may investigate any family day care home providing services paid for directly or indirectly out of public funds to verify compliance with this chapter and the rules promulgated pursuant to this chapter. All registration certificates shall be in force for two years from the date of issuance unless revoked as authorized by § 26-6-23 . The certificate issued under this chapter may not be assigned or transferred and applies only to the certificate and the location stated in the application and remains the property of the Department of Social Services.

Source: SL 1979, ch 170, § 10; SL 1981, ch 199, § 11; SL 1983, ch 209, § 2; SL 1985, ch 211, § 9.
S.D. Codified Laws § 26-5B-305 — SD Code / Title 26 / Chapter 5B / Section 26-5B-305
Registration of child-custody determination
Status: in_force

(a) A child-custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the appropriate court in this state:

(1) A letter or other document requesting registration;

(2) Two copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and

(3) Except as otherwise provided in § 26-5B-209 , the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child-custody determination sought to be registered.

(b) On receipt of the documents required by subsection (a), the registering court shall:

(1) Cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form; and

(2) Serve notice upon the persons named pursuant to subsection (a)(3) and provide them with an opportunity to contest the registration in accordance with this section.

(c) The notice required by subsection (b)(2) must state that:

(1) A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state;

(2) A hearing to contest the validity of the registered determination must be requested within twenty days after service of notice; and

(3) Failure to contest the registration will result in confirmation of the child-custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.

(d) A person seeking to contest the validity of a registered order must request a hearing within twenty days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that:

(1) The issuing court did not have jurisdiction under Article 2;

(2) The child-custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2; or

(3) The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of § 26-5B-108 , in the proceedings before the court that issued the order for which registration is sought.

(e) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation.

(f) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

Source: SL 2005, ch 137, § 27.
S.D. Codified Laws § 26-5B-310 — SD Code / Title 26 / Chapter 5B / Section 26-5B-310
Hearing and order
Status: in_force

(a) Unless the court issues a temporary emergency order pursuant to § 26-5B-204 , upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:

(1) The child-custody determination has not been registered and confirmed under § 26-5B-305 and that:

(A) The issuing court did not have jurisdiction under Article 2;

(B) The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2; or

(C) The respondent was entitled to notice, but notice was not given in accordance with the standards of § 26-5B-108 , in the proceedings before the court that issued the order for which enforcement is sought; or

(2) The child-custody determination for which enforcement is sought was registered and confirmed under § 26-5B-305 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2.

(b) The court shall award the fees, costs, and expenses authorized under § 26-5B-312 and may grant additional relief, including a request for the assistance of law enforcement officers, and set a further hearing to determine whether additional relief is appropriate.

(c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.

(d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this article.

Source: SL 2005, ch 137, § 32.
S.D. Codified Laws § 26-9-15 — SD Code / Title 26 / Chapter 9 / Section 26-9-15
Security for child support required after conviction for contributory abuse or contributory neglect--Forfeiture on failure to comply with conditions
Status: in_force

Any person found guilty under this chapter of contributory abuse or contributory neglect may be required to furnish a good and sufficient bond to the state in such penal sum as the court shall determine, not exceeding one thousand dollars, conditioned for the payment of such amount as the court may order, not exceeding seventy - five dollars per month, for the support, care, and maintenance of the child to whose abuse or neglect such person has contributed, such sum to be expended under the directions and orders of the court for the purposes mentioned. Such bond may be forfeited upon a failure to comply with any conditions as well as upon the failure to pay any amount required for the maintenance of such child.

Source: SDC 1939, § 43.0403; SL 1965, ch 177; SL 1993, ch 206, § 7.
S.D. Codified Laws § 26-11A-8 — SD Code / Title 26 / Chapter 11A / Section 26-11A-8
Extent of security and treatment services for committed juvenile--Placement of juvenile
Status: in_force

If a juvenile is committed to the Department of Corrections, the department shall determine the extent of security and treatment services that are in the best interest of the juvenile and in the best interest of the state. When the department makes its determination, it shall place the juvenile in a juvenile correctional facility under the department's control pursuant to § 1-15-1.4 or a group home, group care center, residential treatment center, or other community-based services, if those community-based services were not provided prior to commitment.

Source: SL 1996, ch 172, § 58; SL 1998, ch 163, § 1; SL 2007, ch 163, § 4.
S.D. Codified Laws § 26-4-13 — SD Code / Title 26 / Chapter 4 / Section 26-4-13
Foster care payments exempt from legal process
Status: in_force

Payments made for the foster care of children under programs of the Department of Social Services shall not be subject to garnishment or other legal process by any creditor of the payee, except for necessaries furnished for the subsistence and maintenance of the child or children for whom such payments are made.

Source: SL 1965, ch 265.
S.D. Codified Laws § 26-5B-208 — SD Code / Title 26 / Chapter 5B / Section 26-5B-208
Jurisdiction declined by reason of conduct
Status: in_force

(a) Except as otherwise provided in § 26-5B-204 , if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:

(1) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;

(2) A court of the state otherwise having jurisdiction under §§ 26-5B-201 to 26-5B-203 , inclusive, determines that this state is a more appropriate forum under § 26-5B-207 ; or

(3) No court of any other state would have jurisdiction under the criteria specified in §§ 26-5B-201 to 26-5B-203 , inclusive.

(b) If a court of this state declines to exercise its jurisdiction pursuant to subsection (a), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child-custody proceeding is commenced in a court having jurisdiction under §§ 26-5B-201 to 26-5B-203 , inclusive.

(c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a), it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses 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 are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state unless authorized by law other than this chapter.

Source: SL 2005, ch 137, § 20.
S.D. Codified Laws § 26-5B-110 — SD Code / Title 26 / Chapter 5B / Section 26-5B-110
Communication between courts
Status: in_force

(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter.

(b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.

(c) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.

(d) Except as otherwise provided in subsection (c), a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.

(e) For the purposes of this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

Source: SL 2005, ch 137, § 10.
S.D. Codified Laws § 26-11A-17 — SD Code / Title 26 / Chapter 11A / Section 26-11A-17
Release of juvenile for continuance of aftercare
Status: in_force

The Department of Corrections may at any time release a juvenile held in temporary detention or shelter pursuant to §§ 26-11A-13 and 26-11A-14 or a juvenile returned to a Department of Corrections juvenile facility pursuant to § 26-11A-16 to continue aftercare supervision.

Source: SL 1996, ch 172, § 67.
S.D. Codified Laws § 26-5B-307 — SD Code / Title 26 / Chapter 5B / Section 26-5B-307
Simultaneous proceedings
Status: in_force

If a proceeding for enforcement under this article is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under Article 2, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.

Source: SL 2005, ch 137, § 29.
S.D. Codified Laws § 26-7A-32.2 — SD Code / Title 26 / Chapter 7A / Section 26-7A-32.2
Incompetent juvenile not subject to chapters26-8Bor26-8C
Status: in_force

A juvenile cannot be the subject of a proceeding under chapters 26-8B or 26-8C while incompetent to proceed.

Source: SL 2013, ch 121, § 2.
S.D. Codified Laws § 26-6-15 — SD Code / Title 26 / Chapter 6 / Section 26-6-15
Specification in licenses and registration certificates of work authorized
Status: in_force

Each license or registration certificate shall specify the name, location, and the kind of child welfare work the licensee or registrant may undertake, the number of children that can be received and their ages and sex, and if authorized to place and supervise children in family homes, the area that the agency is equipped to serve.

Source: SL 1939, ch 168, § 3; SDC Supp 1960, § 55.3708; SL 1979, ch 170, § 3; SL 1985, ch 211, § 10.
S.D. Codified Laws § 26-11-5.1 — SD Code / Title 26 / Chapter 11 / Section 26-11-5.1
Provision for notice to school officials and parent or guardian by law enforcement agency where student suspected of violating state drug or alcohol laws or of threatening violence
Status: in_force

Notwithstanding any other provision of law, a law enforcement agency may provide notice of an incident within its jurisdiction to public or nonpublic school officials and to the parent or guardian of a school student if the incident is one in which the agency has probable cause to believe the school student has violated any provision of state law involving alcohol, illegal drugs, firearms, or bomb threats, or has made any threat of violence relating to any school or its students, employees, or property. However, if there is a prolonged criminal investigation and revealing information would jeopardize a successful conclusion to the case, the law enforcement agency may provide the notice at some later appropriate time. The notice shall be in writing.

Source: SL 1996, ch 120, § 1; SL 2000, ch 126, § 1.
S.D. Codified Laws § 26-7A-75 — SD Code / Title 26 / Chapter 7A / Section 26-7A-75
Depositions only as provided by statute or rule--Motion by party due to exceptional circumstances
Status: in_force

Depositions may not be ordered for discovery or any other purpose except as specifically provided by statute or rule. If due to exceptional circumstances it is in the interests of justice that the testimony of a prospective witness of a party be taken and preserved for use at the hearing, the court may upon motion of the party and notice to the parties order that the testimony of the witness be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place.

Source: SL 1991, ch 217, § 70A.
S.D. Codified Laws § 26-8C-15 — SD Code / Title 26 / Chapter 8C / Section 26-8C-15
Provisions for violation of terms and conditions of probation
Status: in_force

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

(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 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 as provided in subdivision 26-8C-7(10) exist;

(5) For the purposes of this section, 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, § 166C; SL 2015, ch 152, § 27, eff. Jan. 1, 2016.
S.D. Codified Laws § 26-5B-304 — SD Code / Title 26 / Chapter 5B / Section 26-5B-304
Temporary visitation
Status: in_force

(a) A court of this state which does not have jurisdiction to modify a child-custody determination, may issue a temporary order enforcing:

(1) A visitation schedule made by a court of another state; or

(2) The visitation provisions of a child-custody determination of another state that does not provide for a specific visitation schedule.

(b) If a court of this state makes an order under subsection (a)(2), it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in Article 2. The order remains in effect until an order is obtained from the other court or the period expires.

Source: SL 2005, ch 137, § 26.
S.D. Codified Laws § 26-8C-9 — SD Code / Title 26 / Chapter 8C / Section 26-8C-9
Limit of temporary custody
Status: in_force

An alleged or adjudicated delinquent child may not be held in temporary custody for more than ninety days beginning with the date the child is first taken into custody unless at the ninetieth day the child is in the process of receiving treatment or care which has a specified duration. In that case, the temporary custody may be extended to the end of the treatment or care.

Source: SL 1991, ch 217, § 159C.
S.D. Codified Laws § 26-18-6 — SD Code / Title 26 / Chapter 18 / Section 26-18-6
Contents of petition
Status: in_force

A petition under this chapter must be verified and include a copy of any existing child-custody determination, if available. The petition must specify the risk factors for abduction, including the relevant factors described in § 26-18-7 . Subject to subsection 26-5B-209(e), if reasonably ascertainable, the petition must contain:

(1) The name, date of birth, and gender of the child;

(2) The customary address and current physical location of the child;

(3) The identity, customary address, and current physical location of the respondent;

(4) A statement of whether a prior action to prevent abduction or domestic violence has been filed by a party or other individual or entity having custody of the child, and the date, location, and disposition of the action;

(5) A statement of whether a party to the proceeding has been arrested for a crime related to domestic violence, stalking, or child abuse or neglect, and the date, location, and disposition of the case; and

(6) Any other information required to be submitted to the court for a child-custody determination under § 26-5B-209 .

Source: SL 2007, ch 169, § 6.
S.D. Codified Laws § 26-16-3 — SD Code / Title 26 / Chapter 16 / Section 26-16-3
Auxiliary teams
Status: in_force

The county interdisciplinary child information team may form one or more auxiliary teams for the purpose of providing service to a single child, a group of children, or specific children with a particular type of problem, or for any other purpose. Each auxiliary team is subject to the written agreement. Each member of an auxiliary team must be a person who has personal knowledge of or experience with some child serviced by the auxiliary team.

Source: SL 2005, ch 143, § 3.
S.D. Codified Laws § 26-6-14.8 — SD Code / Title 26 / Chapter 6 / Section 26-6-14.8
Unregistered family day care defined--Number of children allowed
Status: in_force

For the purposes of §§ 26-6-14.8 to 26-6-14.11 , inclusive, unregistered family day care means the 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, without payment directly or indirectly of any public funds. An unregistered family day care home may not provide care for more than twelve children at any one time including children under six living in the home.

Source: SL 1988, ch 206, § 1.
S.D. Codified Laws § 26-6-15.1 — SD Code / Title 26 / Chapter 6 / Section 26-6-15.1
Additional number of children in day care--Staff-to-child ratios
Status: in_force

In addition to the number of children for which a family day care home, group family day care home, or day care center is registered or licensed to provide care pursuant to § 26-6-15 , the facility may care for the following numbers of children, if the children are of school age, beyond the grade of kindergarten, receive services only before or after school hours, or if the additional children are at the facility because of family emergency or special circumstance:

(1) Family day care homes--no more than two additional children;

(2) Group family day care homes--no more than three additional children; and

(3) Day care centers--no more than twenty percent of the number of children for which the day care center is licensed.

Any additional children in care pursuant to §§ 26-6-14 , 26-6-15.1 , and 26-6-15.2 shall be counted in maintaining staff - to - child ratios as prescribed by the Department of Social Services.

Source: SL 1988, ch 207, § 1; SL 1996, ch 170.
S.D. Codified Laws § 26-2-5 — SD Code / Title 26 / Chapter 2 / Section 26-2-5
Power of disaffirmance not applicable to contract under express statutory authority
Status: in_force

A minor cannot disaffirm an obligation, otherwise valid, entered into by him under the express authority or direction of a statute.

Source: SDC 1939, § 43.0107.
S.D. Codified Laws § 26-7A-14 — SD Code / Title 26 / Chapter 7A / Section 26-7A-14
Temporary care of child by caretaker designated by court--Limitation of temporary custody--Release
Status: in_force

An apparent abused or neglected child taken into temporary custody and not released to the child's parents, guardian, or custodian may be placed in the temporary care of the Department of Social Services, foster care, or a shelter as designated by the court to be the least restrictive alternative for the child. A child apparently in need of supervision or an apparent delinquent child taken into temporary custody and not released to the child's parents, guardian, or custodian may be placed in foster care, shelter, or detention as designated by the court to be the least restrictive alternative for the child. The temporary caretaker of the child shall promptly notify the state's attorney of the child's placement.

No child may be held in temporary custody longer than forty-eight hours, or twenty-four hours pursuant to § 26-8B-3 , excluding Saturdays, Sundays, and court holidays, unless a temporary custody petition for an apparent abuse or neglect case or other petition has been filed, the child is within the jurisdiction of the court and the court orders longer custody during a noticed hearing or a telephonic hearing.

The court may at any time order the release of a child from temporary custody without holding a hearing, 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 an apparent abused or neglected child or regarding custody and appearance in court of an apparent child in need of supervision or an apparent delinquent child at a time, date, and place to be determined by the court.

Provisions of this chapter on temporary custody do not abrogate or limit the authority of the court to order temporary custody of any child during any noticed hearing after an action has been commenced.

Source: SDC 1939, § 43.0309 as added by SL 1968, ch 164, § 7; SL 1979, ch 171, § 5A; SL 1989, ch 228, § 2; SL 1991, ch 217, § 18B; SDCL Supp, § 26-8-23.1; SL 1992, ch 184; SL 1994, ch 219, § 4; SL 2008, ch 135, § 1.