reglab/housing_qa huggingface dataset:
SD Codified L § 26-5B-304 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act|Section 26-5B-304 - Temporary visitation.

26-5B-304. Temporary visitation.(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.
SD Codified L § 26-5B-306 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act|Section 26-5B-306 - Enforcement of registered determination.

26-5B-306. Enforcement of registered determination.(a) A court of this state may grant any relief normally available under the law of this state to enforce a registered child-custody determination made by a court of another state.(b) A court of this state shall recognize and enforce, but may not modify, except in accordance with Article 2, a registered child-custody determination of a court of another state. Source: SL 2005, ch 137, §28.
SD Codified L § 26-5B-307 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act|Section 26-5B-307 - Simultaneous proceedings.

26-5B-307. Simultaneous proceedings.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.
SD Codified L § 26-5B-309 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act|Section 26-5B-309 - Service of petition and order.

26-5B-309. Service of petition and order.Except as otherwise provided in §26-5B-311, the petition and order must be served, by any method authorized by the state statute, upon respondent and any person who has physical custody of the child. Source: SL 2005, ch 137, §31.
SD Codified L § 26-5B-310 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act|Section 26-5B-310 - Hearing and order.

26-5B-310. Hearing and order.(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.
SD Codified L § 26-5B-311 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act|Section 26-5B-311 - Warrant to take physical custody of child.

26-5B-311. Warrant to take physical custody of child.(a) Upon the filing of a petition seeking enforcement of a child-custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this state.(b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by §26-5B-308(b).(c) A warrant to take physical custody of a child must:(1)Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;(2)Direct law enforcement officers to take physical custody of the child immediately; and(3)Provide for the placement of the child pending final relief.(d) The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.(e) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.(f) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian. Source: SL 2005, ch 137, §33.
SD Codified L § 26-5B-312 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act|Section 26-5B-312 - Costs, fees, and expenses.

26-5B-312. Costs, fees, and expenses.(a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.(b) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this chapter. Source: SL 2005, ch 137, §34.
SD Codified L § 26-5B-313 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act|Section 26-5B-313 - Recognition and enforcement.

26-5B-313. Recognition and enforcement.A court of this state shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child-custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2. Source: SL 2005, ch 137, §35.
SD Codified L § 26-5B-314 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act|Section 26-5B-314 - Appeals.

26-5B-314. Appeals.An appeal may be taken from a final order in a proceeding under this article in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under §26-5B-204, the enforcing court may not stay an order enforcing a child-custody determination pending appeal. Source: SL 2005, ch 137, §36.
SD Codified L § 26-5B-315 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act|Section 26-5B-315 - Role of prosecutor or public official.

26-5B-315. Role of prosecutor or public official.(a) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resort to a proceeding under this article or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child-custody determination if there is:(1)An existing child-custody determination;(2)A request to do so from a court in a pending child-custody proceeding;(3)A reasonable belief that a criminal statute has been violated; or(4)A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.(b) A prosecutor or appropriate public official acting under this section acts on behalf of the court and may not represent any party. Source: SL 2005, ch 137, §37.
SD Codified L § 26-5B-316 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act|Section 26-5B-316 - Role of law enforcement.

26-5B-316. Role of law enforcement.At the request of a prosecutor or other appropriate public official acting under §26-5B-315, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor or appropriate public official with responsibilities under §26-5B-315. Source: SL 2005, ch 137, §38.
SD Codified L § 26-5B-317 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act|Section 26-5B-317 - Costs and expenses.

26-5B-317. Costs and expenses.If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or other appropriate public official and law enforcement officers under §26-5B-315 or 26-5B-316. Source: SL 2005, ch 137, §39.
SD Codified L § 26-5B-401 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act|Section 26-5B-401 - Application and construction.

26-5B-401. Application and construction.In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: SL 2005, ch 137, §40.
SD Codified L § 26-5B-402 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act|Section 26-5B-402 - Severability clause.

26-5B-402. Severability clause.If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. Source: SL 2005, ch 137, §41.
SD Codified L § 26-5B-405 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act|Section 26-5B-405 - Transitional provision.

26-5B-405. Transitional provision.A motion or other request for relief made in a child-custody proceeding or to enforce a child-custody determination which was commenced before July1, 2005, is governed by the law in effect at the time the motion or other request was made. Source: SL 2005, ch 137, §44.
SD Codified L § 26-6-1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-1 - Agencies and institutions defined as child welfare agencies--Department of Social Services.

26-6-1. Agencies and institutions defined as child welfare agencies--Department of Social Services.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.
SD Codified L § 26-6-1.1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-1.1 - Chapter not applicable to day care services provided by school board for children of enrolled students.

26-6-1.1. Chapter not applicable to day care services provided by school board for children of enrolled students.Nothing in this chapter applies to day care services provided by any school board for the children of enrolled students. Source: SL 1989, ch 138, §2.
SD Codified L § 26-6-1.2 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-1.2 - Definitions.

  26-6-1.2  .  Definitions.   Terms used in this chapter mean:   (1) "Shelter care facility," a group care center that provides short-term, full-time care for children often placed under emergency conditions;   (2) "Records," reports prepared or received by any staff of a licensed shelter care facility, group care center, residential treatment center, intensive residential treatment center, or independent living preparation program.     Source:  SL 2020, ch 107, § 1.
SD Codified L § 26-6-6.1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-6.1 - Continuing foster care to age twenty-one.

26-6-6.1. Continuing foster care to age twenty-one.Notwithstanding the provisions of §§26-1-1 and 26-7A-101, any child welfare agency, including the Department of Social Services, may continue to provide foster care for a person over the age of majority but less than twenty-one years of age if the person was in foster care immediately prior to reaching the age of majority and has not yet completed the twelfth grade of school or is in a continuing course of remedial treatment and if the person consents in writing to continued foster care. Source: SL 1973, ch 167; SL 1991, ch 217, §171.
SD Codified L § 26-6-8 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-8 - License required to place child for adoption--Relatives and guardian excepted.

26-6-8. License required to place child for adoption--Relatives and guardian excepted.No person other than the parents, guardian, or relatives within the second degree, and no firm, limited liability company, corporation, association, or organization other than a licensed child welfare agency, or the Department of Social Services, may place any child in the control and care of any person or place such child for adoption. Source: SL 1939, ch 168, §7; SDC Supp 1960, §55.3712; SL 1994, ch 351, §47.
SD Codified L § 26-6-9 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-9 - License or registration required for child care or placement by public or private agency--Waiver violation as misdemeanor.

26-6-9. License or registration required for child care or placement by public or private agency--Waiver violation as misdemeanor.No person, firm, limited liability company, corporation, association, organization, municipality, or county, other than the Department of Social Services, may establish or maintain a child welfare agency or receive children for care or for placement in a family home unless licensed pursuant to §26-6-14 or registered pursuant to §26-6-14.2 to do so by the Department of Social Services. The department, upon request, may waive licensure for activities set out in §26-6-14 for any facility that would otherwise be required to be licensed by the department as a child welfare agency if the requesting agency is similarly regulated by another state agency. Before the department may consider or grant a waiver of licensure for activities set out in §26-6-14, the agency requesting waiver of licensure shall provide the department with appropriate documentation of current and valid approval by the appropriate state regulatory agency. Submission of false or fraudulent licensure information or documentation to the department or any violation of this section is a Class 2 misdemeanor. Source: SL 1939, ch 168, §§3, 13; SDC Supp 1960, §§55.3708, 55.9936; SL 1979, ch 170, §1; SL 1994, ch 351, §48; SL 1995, ch 147, §1.
SD Codified L § 26-6-11 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-11 - Application for license--Investigation--Issuance--Conditions--Records--Public inspection.

26-6-11. Application for license--Investigation--Issuance--Conditions--Records--Public inspection.Applications for the license required by this chapter shall be made in the manner prescribed and on forms provided by the Department of Social Services. Before issuing the license the department shall investigate the activities and standards of care of the agency. A license shall be issued if the department is satisfied as to the need for the agency, its financial stability, the good character and intent of the applicant, and that the equipment of the agency and its services are conducive to the welfare of the children. Such license shall be conditioned on the granting of access to the premises described on the license to the Department of Social Services for visitation and inspection, at any reasonable time. In cases of suspected child abuse or neglect, unrestricted access shall be allowed at any time. The final reports of inspections required by this chapter shall be kept on file by the Department of Social Services and shall be open to public inspection. Source: SL 1939, ch 168, §3; SDC Supp 1960, §55.3708; SL 1985, ch 211, §7.
SD Codified L § 26-6-12 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-12 - Provisional license authorized.

26-6-12. Provisional license authorized.A provisional license may be issued to any agency whose services are needed but which is temporarily unable to conform to all the provisions of the established standards of care. No provisional license may be issued for more than three consecutive years. Source: SL 1939, ch 168, §3; SDC Supp 1960, §55.3708; SL 2000, ch 120, §2.
SD Codified L § 26-6-13 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-13 - Duration of licenses--Suspension or revocation--Assignment prohibited--Display or availability for inspection.

26-6-13. Duration of licenses--Suspension or revocation--Assignment prohibited--Display or availability for inspection.A license for child welfare agency activities under subdivisions 26-6-14(3), (6), and (7) shall remain in effect until revoked or suspended. Any other license under this chapter is effective for one year from the date of issuance and shall be renewed annually on application of the agency. A license may be suspended or revoked pursuant to this chapter. No license issued under this chapter may be assigned or transferred, and the license applies only to the licensee and the location stated in the application. The license remains the property of the Department of Social Services. The license shall be publicly displayed, except in a family foster home, which shall have its license available for inspection. Source: SL 1939, ch 168, §3; SDC Supp 1960, §55.3708; SL 1985, ch 211, §8; SL 2000, ch 120, §1.
SD Codified L § 26-6-14 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-14 - Categories of child welfare agency licenses.

26-6-14. Categories of child welfare agency licenses.A child welfare agency shall be licensed, pursuant to the provisions of this chapter, for activities which fall within one or more of the following categories:(1)The providing of group care, maintenance, supervision, and protection of children on a regular full-time basis as a substitute for regular parental care, with or without compensation, in a nonfamily group setting, which shall be known as an intensive residential treatment center, a residential treatment center, a group care center, or as a group home as each is defined by standards established pursuant to the provisions of §26-6-16;(2)The providing of care, maintenance, supervision, and protection of a child, or children, as a substitute for regular parental care, without transfer of legal custody or placement for adoption, with or without compensation, on a regular full-time basis in a family home, which shall be known as a foster home;(3)The providing of group care and supervision of children on a regular basis for part of a day as a supplement to regular parental care, with or without compensation, for twenty-one or more children, including children under the age of six living in the home and children from more than one unrelated family received for day care, in any facility, including a family home, which shall be known as a day care center;(4)The receiving and placement of children in foster homes or for adoption, with or without compensation, as a regular activity of any agency formed for such purpose, or the performance of such services as an adjunct to other regular activities, which shall be known as a child-placement agency;(5)The providing of group care and supervision of children on a regular basis for part of a day as a supplement to regular parental care, with or without compensation, for thirteen to twenty children, including children under the age of six living in the home and children from more than one unrelated family received for day care, in any facility, including a family home, which shall be known as a group family day care home;(6)The providing of care and supervision of children on a regular basis before and after regular school hours which does not exceed four hours daily per child, which shall be known as a before and after school day care program;(7)The providing of supervision and training in self-sufficiency and responsible independent living for youth aged sixteen through twenty years of age who are wards of the state, which shall be known as an independent living preparation program. Source: SDC Supp 1960, §55.3706 as added by SL 1965, ch 248, §1; SL 1972, ch 152; SL 1979, ch 170, §2; SL 1982, ch 198; SL 1988, ch 207, §§3, 4; SL 1988, ch 209, §1; SL 1989, ch 139, §2; SL 1993, ch 196; SL 2005, ch 138, §1; SL 2015, ch 150, §2.