reglab/housing_qa huggingface dataset:
SD Codified L § 26-7A-85 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-85 - Child with mental illness or intellectual disability--Suspension of hearing--Examination.

26-7A-85. Child with mental illness or intellectual disability--Suspension of hearing--Examination.If it appears from the evidence presented at the adjudicatory hearing that the child may be mentally ill or have an intellectual disability, as the terms are defined in Title 27A or Title 27B, the court may suspend the adjudicatory hearing and may:(1)Order that the child be examined by a qualified mental health professional. The court may place the child in a hospital or other suitable facility for the purposes of the examination; or(2)Recommend to the state that the proceedings be conducted as provided in applicable chapters of Title 27A or Title 27B.Even if the court exercises some of the authority in this section, the court may proceed with the adjudicatory hearing and dispositional hearing. Source: SDC 1939, §43.0327 as added by SL 1968, ch 164, §16; SL 1991, ch 217, §75B; SDCL §26-8-22.8; SL 2013, ch 125, §5.
SD Codified L § 26-7A-86 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-86 - Final order when allegations not supported by evidence--Additional findings and conclusions for abused or neglected child--Appeal.

26-7A-86. Final order when allegations not supported by evidence--Additional findings and conclusions for abused or neglected child--Appeal.If the court finds the allegations of the petition or amended petition are not supported by clear and convincing evidence in cases concerning an alleged abused or neglected child or are not supported by evidence beyond a reasonable doubt in cases concerning an alleged child in need of supervision or an alleged delinquent child, the court shall enter a final order accordingly and the action shall be terminated. In the case of an alleged abused or neglected child, the court shall enter findings and conclusions in addition to the final order. On termination of the action, the child, the child's parents, guardian, or custodian and other parties respondent shall be released from any restriction or temporary order previously issued by the court and from the jurisdiction of the court. The final order terminating the action is an appealable order of the court by the state or by any alleged abused or neglected child or any party respondent not in agreement with the nonadjudication of the alleged abused or neglected child and resulting termination of the action. Source: SDC 1939, §43.0327 as added by SL 1968, ch 164, §16; SL 1971, ch 166, §4; SL 1991, ch 217, §76B; SDCL, §26-8-22.9; SL 1992, ch 183, §3.
SD Codified L § 26-7A-87 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-87 - Adjudication subject to intermediate appeal--Dispositional proceedings--Interim dispositional decree.

26-7A-87. Adjudication subject to intermediate appeal--Dispositional proceedings--Interim dispositional decree. If the court finds the allegations of the petition are supported by clear and convincing evidence in cases concerning an alleged abused or neglected child or are supported by evidence beyond a reasonable doubt in cases concerning an alleged child in need of supervision or an alleged delinquent child, the court shall adjudicate the child accordingly and shall issue findings of fact, conclusions of law and an order of adjudication stating the child to be an abused or neglected child as defined in chapter 26-8A, a child in need of supervision as defined in chapter 26-8B, or a delinquent child as defined in chapter 26-8C. Written findings of fact and conclusions of law are only required in delinquency or child in need of supervision adjudicatory proceedings if there is a contested evidentiary hearing or if the disposition is a commitment to the Department of Corrections. The order of adjudication is an intermediate order and is subject to intermediate appeal with the permission of the court according to the rules of procedure governing civil appeals.The court shall proceed with the dispositional phase of the proceedings and shall issue an order setting the time, date, and place of the initial dispositional hearing and prescribing notice of the hearing. However, the court may proceed immediately with the initial dispositional hearing with the consent of the state, the child and the child's parents, guardian, or custodian or other parties who are respondents in the action.On completion of the adjudicatory hearing resulting in adjudication of the child, the court may issue an interim dispositional decree governing custody, placement, care, shelter, or detention of the child as determined by the court pending the initial dispositional hearing and any continuance of it. Source: SDC 1939, §43.0327 as added by SL 1968, ch 164, §16; SL 1971, ch 166, §5; SL 1983, ch 210; SL 1991, ch 217, §77B; SDCL, §26-8-22.10; SL 2021, ch 117, § 1.
SD Codified L § 26-7A-88 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-88 - Examination, investigation, and reports of adjudicated child before final disposition.

26-7A-88. Examination, investigation, and reports of adjudicated child before final disposition.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.
SD Codified L § 26-7A-89 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-89 - Continuance of case--Custody of child pending disposition--Term of continuance.

26-7A-89. Continuance of case--Custody of child pending disposition--Term of continuance.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.
SD Codified L § 26-7A-90 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-90 - Evidence heard at dispositional hearing--Interim decree--Final decree.

26-7A-90. Evidence heard at dispositional hearing--Interim decree--Final decree. After adjudication, the court shall conduct dispositional hearings and consider evidence regarding proper disposition of the child best serving the interests of the child with due regard to the rights and interests of the child's parents, guardian, custodian, other parties respondent, the public, and the state. Dispositional evidence may include social study reports, mental and medical examination and evaluation reports, homestudy investigation reports, and any other evidence related to appropriate disposition of the child.Following the dispositional hearing, the court shall issue an interim decree of disposition. During the dispositional phase, the court shall balance the rights and interests of the child and the respective parties, including the public and the state.On completion of the final dispositional hearing, the court shall issue findings of fact, conclusions of law, and a final decree of disposition. Written findings of fact and conclusions of law are only required in delinquency or child in need of supervision dispositional proceedings if there is a contested evidentiary hearing or if the disposition is a commitment to the Department of Corrections. The decree is the final order of the court for the purpose of an appeal by any party according to the rules of procedure governing civil appeals. Source: SDC 1939, §43.0327 as added by SL 1968, ch 164, §16; SL 1991, ch 217, §81B; SDCL, §26-8-22.11; SL 2021, ch 117, § 2.
SD Codified L § 26-7A-91 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-91 - Notice of entry of order of adjudication or final decree--Service of publication.

26-7A-91. Notice of entry of order of adjudication or final decree--Service of publication.Notice of entry of an order of adjudication or a final decree of disposition in any case shall be served on the parties to the action. The notice of entry may be served by publication in the same manner as service of summons in the actions. If notice of entry is served by publication, the service shall be considered completed five days after the date of publication of the notice of entry. Time for appeal shall commence on the next day following the date of completed service of the notice of entry. Source: SL 1991, ch 217, §84.
SD Codified L § 26-7A-92 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-92 - Guardian of placed child.

26-7A-92. Guardian of placed child.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.
SD Codified L § 26-7A-93 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-93 - Placement subject to availability of space.

26-7A-93. Placement subject to availability of space.No child governed by provisions of this chapter or chapter 26-8A, 26-8B, or 26-8C may be placed in any group home, residential care facility, group care institution, or any other facility unless the agency, department, association, or corporation operating the facility determines that space is available. Source: SL 1974, ch 179, §5; SL 1991, ch 217, §87B; SDCL, §26-8-40.6.
SD Codified L § 26-7A-94 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-94 - Provisions for payment of custodial care costs.

26-7A-94. Provisions for payment of custodial care costs.The following provisions govern the payment of costs of custodial care of any child who is the subject of proceedings under this chapter or chapter 26-8A, 26-8B, or 26-8C:(1)The child's parents, guardian, or custodian shall pay the costs of custodial care of the child at all times while the child is in the custodial care of the parents, guardian, or custodian.(2)The costs of custodial care of any child before disposition of the child shall be paid initially by the county in which the proceedings are conducted except for the costs of custodial care of an apparent or alleged abused or neglected child in the temporary custody of the Department of Social Services who is placed in a licensed foster home or in licensed facilities. Custodial care costs for such a child shall be paid by the Department of Social Services.(3)The cost of placing any child in a detention facility after disposition shall be sustained initially by the county in which the proceedings are concluded.(4)If the court commits a child to the Department of Corrections and the child has to await placement, the county in which the proceedings are concluded shall pay initially the costs of custodial care for seven days immediately following issuance of the final decree of disposition while the child awaits placement. After the seven-day period has expired, the Department of Corrections shall pay the costs of custodial care or reimburse the county responsible for providing that care.(5)If the court places a child at the Human Services Center, and the child has to await placement, the county in which the proceedings are concluded shall pay the costs of custodial care for seven days immediately following issuance of the final decree of disposition. After the seven-day period has expired, the Department of Social Services shall pay the costs of custodial care or reimburse the county responsible for providing that care while the child awaits placement. Source: SL 1977, ch 208, §2; SL 1991, ch 217, §88B; SDCL §26-8-40.8; SL 1993, ch 200, §6; SL 1993, ch 201, §1; SL 1994, ch 216, §1; SL 1996, ch 172, §8; SL 1996, ch 176, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011.
SD Codified L § 26-7A-95 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-95 - Parents' duty to support child--Costs of custodial care payable on demand.

26-7A-95. Parents' duty to support child--Costs of custodial care payable on demand.Notwithstanding provisions of §26-7A-94, the child's parents' duty to support the child continues if the child is placed in the custodial care of the Department of Social Services or another department or agency of the state, and the costs of custodial care for a child and related fees are due and payable by the child's parents on demand by the Department of Social Services or other custodial department or agency of the state or by the county. Source: SL 1991, ch 217, §88C.
SD Codified L § 26-7A-96 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-96 - Acceptance and expenditure of additional funds for custodial care costs.

26-7A-96. Acceptance and expenditure of additional funds for custodial care costs.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.
SD Codified L § 26-7A-97 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-97 - Order or decree of guardianship of child--Certified copy as authority for custody--Social studies, clinical reports, and other information transmitted with order.

26-7A-97. Order or decree of guardianship of child--Certified copy as authority for custody--Social studies, clinical reports, and other information transmitted with order.Any child adjudicated to be an abused or neglected child, a child in need of supervision or a delinquent child, as defined, respectively, in chapter 26-8A, 26-8B, or 26-8C, and awarded by the court to a guardian, institution, or association, shall be held by the guardian, institution, or association by virtue of the order or decree entered of record in the case. The clerk of courts shall issue to the guardian, institution, or association a certified copy of the order or decree of the court as proof of the authority of the guardian, institution, or association over the child. No other process need issue to warrant the keeping of the child. The clerk of courts shall transmit copies of the social study, any clinical reports, and other information pertinent to the care and treatment of the child to the guardian, institution, or association with the commitment order or decree. Source: SDC 1939, §43.0315; SL 1968, ch 164, §12; SL 1991, ch 217, §92B; SDCL, §26-8-44.
SD Codified L § 26-7A-98 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-98 - Order for payment of, or reimbursement for, support to guardian or conservator or institution--Reasonable payment--Security and enforcement of order--Modification.

26-7A-98. Order for payment of, or reimbursement for, support to guardian or conservator or institution--Reasonable payment--Security and enforcement of order--Modification.If it appears during the course of proceedings conducted under this chapter or chapter 26-8A, 26-8B, or 26-8C that the parent, parents, guardian, conservator, custodian, or any party named in a petition who is legally obligated to support a child is able to contribute to the support of the child, the court shall enter an order requiring the parent, parents, guardian, conservator, custodian, or other responsible party to pay to the appointed guardian or conservator or to the institution to which the child may be committed or placed or to reimburse the county which has initially borne custodial care costs pursuant to subdivision 26-7A-94(2) or (3) or (4) a reasonable amount payable periodically for the support, maintenance, and education of the child and all statutory fees and costs related to expenses incurred on behalf of the child, or any portion of them. In determining a reasonable payment, the court shall consider the responsible party's ability to pay according to the laws of the state on child support obligations. Any determination that a responsible party need not make full reimbursement of statutory fees and costs shall be justified in a specific finding, in writing or on the record. The court may also order the parent, parents, guardian, conservator, custodian, or other responsible party to furnish reasonable security for the payment of the child support, fees and costs incurred on behalf of the child, or any portion of them. Upon failure to pay, the court may enforce compliance with the order by proceeding as for civil contempt or the appointed guardian or conservator or the institution or the county may proceed to execution on the order as on a civil judgment. Periodically, the court may, on application and on the notice that the court requires, alter the obligations to pay child support, fees, and costs related to expenses incurred on behalf of the child as it considers reasonable, proper, and consistent with the best interests of the child. Source: SDC 1939, §43.0325; SL 1991, ch 217, §93B; SDCL, §26-8-45; SL 1993, ch 201, §2; SL 1993, ch 213, §121; SL 1996, ch 176, §2.
SD Codified L § 26-7A-99 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-99 - Order of wage assignment for support of child--Discovery of employment--Disobedience as contempt.

26-7A-99. Order of wage assignment for support of child--Discovery of employment--Disobedience as contempt.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.
SD Codified L § 26-7A-100 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-100 - Conservatorship of estate of child.

26-7A-100. Conservatorship of estate of child.Unless otherwise specifically ordered by the court in its order or decree, nothing in this chapter or in chapter 26-8A, 26-8B, or 26-8C gives the conservatorship of the estate of the child to any guardian appointed or changes the age of minority of a child for any purpose unless the child is a person under twenty-one years of age who is under the continuing jurisdiction of the court, as defined in §26-7A-1, is under commitment to the Department of Corrections or is under continuing foster care pursuant to §26-6-6.1. However, the court may appoint a conservator of the estate of a child who is under the age of eighteen years if the child is within the jurisdiction of the court and the court specifically finds that appointment of a conservator of the estate of the child is necessary and appropriate under the circumstances and is in the best interests of the child. Source: SDC 1939, §43.0330; SL 1991, ch 217, §95B; SDCL, §26-8-47; SL 1993, ch 213, §122; SL 1996, ch 172, §9.
SD Codified L § 26-7A-101 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-101 - Period of continuation of guardianship or conservatorship--Application for new guardian or conservator, restoration to parents or discharge of guardian or conservator.

26-7A-101. Period of continuation of guardianship or conservatorship--Application for new guardian or conservator, restoration to parents or discharge of guardian or conservator.Except as provided in §26-11A-21, guardianship or conservatorship of a child under this chapter or chapter 26-8A, 26-8B, or 26-8C shall continue until the court orders otherwise, but not after the child has attained the age of majority except as stated in §26-7A-100. The child or any person interested in the child may from time to time, upon a proper showing, apply to the court for the appointment of a new guardian or conservator, for the restoration of the child to the custody of the child's parents, if parental rights have not been terminated, or the child's former guardian or custodian, or for the discharge of the guardian or conservator appointed by the court at the final disposition of the child. Source: SDC 1939, §43.0315; SL 1968, ch 164, §12; SL 1972, ch 154, §8; SL 1991, ch 217, §96B; SDCL, §26-8-48; SL 1993, ch 213, §123; SL 1996, ch 172, §10.
SD Codified L § 26-7A-102 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-102 - Jurisdiction of court.

26-7A-102. Jurisdiction of court.If the court commits the child to the Department of Corrections, the court's jurisdiction shall be limited to §26-7A-122. In all other cases, court has continuing jurisdiction over children placed or committed under this chapter or chapter 26-8A, 26-8B, or 26-8C regardless of the location of the children. Source: SDC 1939, §43.0328; SL 1968, ch 164, §17; SL 1991, ch 217, §97B; SDCL, §26-8-50; SL 1996, ch 172, §11.