reglab/housing_qa huggingface dataset:
SD Codified L § 26-7A-12 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-12 - Temporary custody by law enforcement officer or court services officer without court order.

26-7A-12. Temporary custody by law enforcement officer or court services officer without court order.A child may be taken into temporary custody by a law enforcement officer without order of the court:(1)If the child is subject to arrest under the provisions of §§23A-3-2 and 23A-3-4;(2)If the child is abandoned or seriously endangered in the child's surroundings or is seriously endangering others and immediate removal of the child appears to be necessary for the child's protection or for the protection of others;(3)If there are reasonable grounds to believe the child has run away or escaped from the child's parents, guardian, or custodian;(4)If the officer reasonably believes that temporary custody is warranted because there exists an imminent danger to the child's life or safety and there is no time to apply for a court order and the child's parents, guardian, or custodian refuse an oral request for consent to the child's removal from their custody or the child's parents, guardian, or custodian are unavailable; or(5)If the child is under the influence of alcohol, inhalants, or a controlled drug or substance.A court services officer may take the child into temporary custody without order of the court if the child is under the continuing jurisdiction of the court. Source: SDC 1939, §43.0320 as enacted by SL 1968, ch 164, §14; SL 1979, ch 171, §1; SL 1991, ch 217, §16B; SDCL, §26-8-19.1; SL 1995, ch 148, §1; SL 1996, ch 172, §1.
SD Codified L § 26-7A-12.1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-12.1 - Child in possession of firearms on school property may be taken into temporary custody.

26-7A-12.1. Child in possession of firearms on school property may be taken into temporary custody.A child alleged to have violated §13-32-7 may be taken into temporary custody by a law enforcement officer who shall immediately notify an intake officer who shall conduct a hearing pursuant to §26-7A-13. Source: SL 1999, ch 88, §2.
SD Codified L § 26-7A-13 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-13 - Court-ordered temporary custody--Noticed hearing--Without noticed hearing.

26-7A-13. Court-ordered temporary custody--Noticed hearing--Without noticed hearing.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.
SD Codified L § 26-7A-13.1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-13.1 - Hearing by intake officer.

26-7A-13.1. Hearing by intake officer.Upon taking a child into temporary custody pursuant to §26-7A-12, the law enforcement officer or court service officer shall immediately notify an intake officer who shall conduct a hearing pursuant to §26-7A-13. Source: SL 1992, ch 183, §15; SL 1995, ch 148, §3; SL 1996, ch 172, §3.
SD Codified L § 26-7A-13.2 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-13.2 - Delivery of juvenile to temporary custodian.

26-7A-13.2. Delivery of juvenile to temporary custodian.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.
SD Codified L § 26-7A-14 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-14 - Temporary care of child by caretaker designated by court--Limitation of temporary custody--Release.

26-7A-14. Temporary care of child by caretaker designated by court--Limitation of temporary custody--Release.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.
SD Codified L § 26-7A-15 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-15 - Notice to parents, guardian, or custodian of child taken into temporary custody--Notice of hearing--Information to Indian custodian or designated tribal agent--Failure to notify.

26-7A-15. Notice to parents, guardian, or custodian of child taken into temporary custody--Notice of hearing--Information to Indian custodian or designated tribal agent--Failure to notify.The officer or party who takes a child into temporary custody, with or without a court order, except under a court order issued during a noticed hearing after an action has been commenced, shall immediately, without unnecessary delay in keeping with the circumstances, inform the child's parents, guardian, or custodian of the temporary custody and of the right to a prompt hearing by the court to determine whether temporary custody should be continued. If the child's parents, guardian, or custodian cannot be located after reasonable inquiry, the officer or party taking temporary custody of the child shall report that fact and the circumstances immediately to the state's attorney. The state's attorney shall notify the child's parents, guardian, or custodian, without unnecessary delay, of the time, date, and place of the temporary custody hearing. If the temporary custody hearing concerns an apparent abused or neglected Indian child, the state's attorney or Department of Social Services shall make reasonable efforts to inform the Indian custodian and the designated tribal agent for the Indian child's tribe, if known, of the time, date, and place of the temporary custody hearing. The information regarding the temporary custody hearing may be provided to the Indian custodian or the designated tribal agent orally or in writing, including by telephone or facsimile. The hearing shall be held within forty-eight hours if it concerns any apparent abused or neglected child or if it concerns any apparent delinquent child pursuant to §26-8C-3 or within twenty-four hours if it concerns any apparent child in need of supervision pursuant to §26-8B-3, excluding Saturdays, Sundays, and court holidays, after taking the child into temporary custody, unless extended by order of the court. Failure to notify the child's parents, guardian, or custodian, or to inform the Indian custodian or the designated tribal agent, of the temporary custody hearing is not cause for delay of the hearing if the child is represented by an attorney at the hearing. As used in this section, the terms, Indian child, Indian custodian, and Indian child's tribe, are defined as in 25 U.S.C. §1903, as amended to January 1, 2005. Source: SDC 1939, §43.0320 as enacted by SL 1968, ch 164, §14; SL 1979, ch 171, §2; SL 1989, ch 226, §2; SL 1991, ch 217, §19B; SDCL Supp, §26-8-19.2; SL 2001, ch 138, §1; SL 2003, ch 149, §12; SL 2005, ch 139, §1; SL 2006, ch 144, §1.
SD Codified L § 26-7A-15.3 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-15.3 - Designated tribal agent defined.

26-7A-15.3.Designated tribal agent defined.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.
SD Codified L § 26-7A-16 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-16 - Child held until released by court.

26-7A-16. Child held until released by court.Notwithstanding §26-7A-14, an apparent, alleged, or adjudicated abused or neglected child, child in need of supervision, or delinquent child may be held in temporary custody until released by order of the court. Source: SDC 1939, §43.0320 as enacted by SL 1968, ch 164, §14; SL 1979, ch 171, §3; SL 1989, ch 226, §3; SL 1991, ch 217, §20B; SDCL Supp, §26-8-19.3.
SD Codified L § 26-7A-17 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-17 - Notice to state's attorney of child taken into temporary custody--Written report--Notice to court.

26-7A-17. Notice to state's attorney of child taken into temporary custody--Written report--Notice to court.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.
SD Codified L § 26-7A-18 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-18 - Temporary custody hearing--Best interests of child--Conducted telephonically.

26-7A-18. Temporary custody hearing--Best interests of child--Conducted telephonically.At the temporary custody hearing the court shall consider the evidence of the need for continued temporary custody of the child in keeping with the best interests of the child. The temporary custody hearing may be conducted telephonically when necessary as determined by the court. Source: SL 1991, ch 217, §22.
SD Codified L § 26-7A-19 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-19 - Options of court following temporary custody hearing for abused or neglected child.

26-7A-19. Options of court following temporary custody hearing for abused or neglected child.If the child is an apparent, alleged, or adjudicated abused or neglected child, after the temporary custody hearing the court may:(1)Order the release of the child from temporary custody, either with or without restriction or condition or upon written promise of the child's parents, guardian, or custodian regarding the care and protection of the child; or(2)Continue the temporary custody of the child under the terms and conditions for duration and placement that the court requires, including placement of temporary custody of the child with the Department of Social Services, in foster care or shelter. The court and the Department of Social Services shall give placement preference to a relative, custodian, or an individual, not related by birth, adoption, or marriage to the child but who has an emotionally significant relationship with the child, who is available and who has been determined by the department to be qualified, provided that placement with that relative, custodian, or individual is in the best interest of the child. If temporary custody of the child is continued by the court, the court may provide for visitation of the child by the child's parents, guardian, custodian, or family members in keeping with the best interests of the child. If the child is in temporary custody of the Department of Social Services and has not been adjudicated as an abused or neglected child, the court shall review the child's temporary custody placement at least once every sixty days.As used in this section, the term, relative, means an adult who is related to the child by blood, adoption, or marriage, and who is the child's grandparent, aunt, uncle, sibling, brother-in-law, sister-in-law, niece, nephew, great grandparent, great uncle, great aunt, first cousin, second cousin, stepparent, or stepsibling.As used in this section, the term, custodian, means an adult who is the biological parent, adoptive parent, or guardian of the child's sibling or half-sibling. Source: SL 1991, ch 217, §22A; SL 2005, ch 140, §1; SL 2018, ch 165, §1.
SD Codified L § 26-7A-19.1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-19.1 - Preference for placement of abused or neglected child with relatives after hearing.

26-7A-19.1. Preference for placement of abused or neglected child with relatives after hearing.Subsequent to a temporary custody hearing, if a placement is made of an apparent, alleged, or adjudicated abused or neglected child, placement preference shall be given to a relative entitled to placement under §26-7A-19. Source: SL 2005, ch 140, §2.
SD Codified L § 26-7A-19.2 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-19.2 - Action by division when relative desires to take temporary or permanent placement of abused or neglected child.

26-7A-19.2. Action by division when relative desires to take temporary or permanent placement of abused or neglected child.If a family service specialist employed by the Division of Child Protection Services within the department is contacted by a relative about the relative's desire to take temporary or permanent placement of an alleged or adjudicated abused or neglected child who has been removed from the child's parent, guardian, or custodian, the division shall document the contact in the child's file. The division shall send information to the relative within five business days informing the relative of the steps required in order for the relative to be considered for placement. The information shall be sent by first class mail to the last known address of the relative. Nothing in this section prohibits the division from contacting any other person or agency regarding placement of the child. Source: SL 2008, ch 136, §1.
SD Codified L § 26-7A-20 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-20 - Release of child in need of supervision after temporary custody hearing--Exceptions.

26-7A-20. Release of child in need of supervision after temporary custody hearing--Exceptions. 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.
SD Codified L § 26-7A-21 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-21 - Release of delinquent child after temporary custody hearing--Exceptions.

26-7A-21. Release of delinquent child after temporary custody hearing--Exceptions.If the child is an apparent, alleged, or adjudicated delinquent child, after the temporary custody hearing the court shall release the child from temporary custody to the child's parents, guardian, or custodian, with or without restriction or condition or upon written promise of the child's parents, guardian, or custodian regarding the custody and supervision of the child and the subsequent appearance of the child in court at a time, date, and place to be determined by the court, unless the court finds that the child should continue to be held in temporary custody of court services for any of the following reasons:(1)The child is a fugitive from another jurisdiction;(2)The child is charged with a violation of §22-22-7, a crime of violence under subdivision 22-1-2(9) or a property crime, which, if committed by an adult, would be a felony;(3)The child is already held in detention or on conditional release in connection with another delinquency proceeding;(4)The child has a demonstrable recent record of willful failures to appear at juvenile court proceedings;(5)The child has a demonstrable recent record of violent conduct;(6)The child has a demonstrable recent record of adjudications for serious property offenses;(7)The child is still under the influence of alcohol, inhalants, or a controlled drug or substance; or(8)The child has failed to comply with court services or a court ordered program. Source: SL 1991, ch 217, §22C; SL 1995, ch 148, §7; SL 1996, ch 172, §5; SL 1997, ch 158, §2.
SD Codified L § 26-7A-22 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-22 - Temporary custody not an arrest.

26-7A-22. Temporary custody not an arrest.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.
SD Codified L § 26-7A-23 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-23 - Temporary care, shelter, or detention facilities maintained by board of county commissioners.

26-7A-23. Temporary care, shelter, or detention facilities maintained by board of county commissioners.A board of county commissioners may provide and maintain at public expense temporary care, shelter, or detention facilities, sight and sound separated from adult prisoners, where children coming within the provisions of this chapter or chapter 26-8A, 26-8B, 26-8C, or §§26-11A-13 and 26-11A-14, may, if necessary or appropriate, be placed for temporary care, temporary custody, shelter, or detention as designated by the court, or temporary detention or shelter by the Department of Corrections. Sections 26-11A-19 and 26-7A-94 governs the costs of custodial care of children. Source: SDC 1939, §43.0309; SL 1961, ch 213, §2; SL 1968, ch 164, §7; SL 1991, ch 217, §30B; SDCL, §26-8-26; SL 1996, ch 172, §70; SL 1997, ch 158, §6; SL 2003, ch 149, §2.