reglab/housing_qa huggingface dataset:
SD Codified L § 26-7A-103 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-103 - Court order for report by guardian or institution.

26-7A-103. Court order for report by guardian or institution.The court may require any guardian, institution, or association having custodial care of a child under this chapter or chapter 26-8A, 26-8B, or 26-8C to submit to the court a complete report on the party's actions regarding the child in the manner and form and at the time directed by the court. Source: SDC 1939, §43.0317; SL 1951, ch 222, §2; SL 1991, ch 217, §98B; SDCL, §26-8-51.
SD Codified L § 26-7A-104 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-104 - Review dispositional hearing to remove guardian or institution or restore child to parents.

26-7A-104. Review dispositional hearing to remove guardian or institution or restore child to parents.On consideration of the report of the guardian, institution, or association submitted to the court pursuant to §26-7A-103, except for a child committed to the Department of Corrections, the court may conduct a review dispositional hearing and:(1)Remove the guardian and appoint another party to act as guardian for the child;(2)Remove the child from the institution or association and place the child in another institution or association as determined by the court; or(3)Restore the child to the custody of either or both of the child's parents, if parental rights have not been terminated, or to the custody of the child's former guardian or custodian existing at commencement of the action, with or without supervision, probation, or other conditions imposed by the court consistent with the best interests of the child and with due regard to the rights and interests of the child's parents, guardian, custodian, the public, and the state. Source: SDC 1939, §43.0317; SL 1951, ch 222, §2; SL 1991, ch 217, §99B; SDCL, §26-8-52; SL 1996, ch 172, §12.
SD Codified L § 26-7A-105 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-105 - Child not disqualified from public office, civil service, or military service--Not a criminal conviction.

26-7A-105. Child not disqualified from public office, civil service, or military service--Not a criminal conviction.No adjudication or disposition under this chapter or chapter 26-8A, 26-8B, or 26-8C may cause disqualification or ineligibility of a child for any public office, civil service, or military service. No child may be termed a criminal because of any adjudication or disposition, nor may any adjudication or disposition be considered to be a conviction. Source: SDC 1939, §43.0327; SL 1968, ch 164, §16; SL 1991, ch 217, §101B; SDCL, §26-8-56.
SD Codified L § 26-7A-106 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-106 - Proceedings not admissible in criminal or civil action against child.

26-7A-106. Proceedings not admissible in criminal or civil action against child.No adjudication, disposition, or evidence given in any proceedings under this chapter or chapter 26-8A, 26-8B, or 26-8C is admissible against a child in any criminal, civil, or other proceeding, except in subsequent proceedings under this chapter and related chapter 26-8C regarding the delinquency of the same child and in subsequent criminal proceedings concerning the same child for sentencing purposes. Source: SDC 1939, §§43.0301, 43.0327; SL 1968, ch 164, §16; SL 1978, ch 192, §1; SL 1991, ch 217, §102B; SDCL, §26-8-57.
SD Codified L § 26-7A-107 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-107 - Order of protection--Authorized provisions--Termination, modification or extension of order.

26-7A-107. Order of protection--Authorized provisions--Termination, modification or extension of order.The court may make an order of protection in assistance of, or as a condition of, any decree of disposition authorized by this chapter or chapter 26-8A, 26-8B, or 26-8C. The order of protection may set forth reasonable conditions of behavior to be observed for a specified period by the child's parents, guardian, custodian, or any other person who is a party to such proceedings.The order of protection may require any concerned person or party:(1)To stay away from a child or the child's home;(2)To permit a parent or other person to visit a child at stated periods and places, with or without supervision;(3)To abstain from offensive conduct against a child or the child's parents, guardian, custodian, or any other person having custody or temporary care of the child;(4)To give proper attention to the care, maintenance, and supervision of the child, and the child's home;(5)To cooperate in good faith with the Department of Social Services, court services, or any other agency which has been given custody or temporary custody of a child, which is providing protective supervision or probation supervision of a child pursuant to court order, or to which the child has been referred by the court;(6)To refrain from acts of commission or omission that tend to make a home an improper place for a child;(7)To pay child support and all statutory fees and costs related to expenses incurred on behalf of the child, or any portion of them, as determined by the court;(8)To cooperate with and participate in any physical or mental examination or evaluation, counseling, treatment, therapy, or child care or parenting classes considered necessary by the court for the benefit of the child;(9)To take all reasonable steps necessary to insure the child's regular school attendance;(10)To eliminate the specific conditions constituting or contributing to the problems which led to juvenile court action; and(11)To take all reasonable steps necessary to insure the child's completion of court-ordered sanctions, treatment, therapy, counseling, or rehabilitation.After notice and opportunity for a hearing is given to any person or party subject to an order of protection, the order may be terminated, modified, or extended for a specified period of time if the court finds it in the best interests of the child, the public and the state. This provision is in addition to, and not a limitation of, §§26-7A-107.1 and 26-7A-107.2. Source: SDC 1939, §43.0328 as added by SL 1968, ch 164, §17; SL 1990, ch 198, §1; SL 1991, ch 217, §103B; SDCL Supp, §26-8-59; SL 1996, ch 177, §1.
SD Codified L § 26-7A-107.1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-107.1 - Provisions for violation of order of protection.

26-7A-107.1. Provisions for violation of order of protection.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.
SD Codified L § 26-7A-107.2 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-107.2 - Violation of order of protection as a misdemeanor.

26-7A-107.2. Violation of order of protection as a misdemeanor.If an order of protection is granted pursuant to this chapter, and the person whose conduct is to be restrained or otherwise controlled knows or has reason to know of the order, a violation of the order is a Class 2 misdemeanor. Any proceeding under this chapter is in addition to other civil or criminal remedies. Source: SL 1996, ch 177, §3.
SD Codified L § 26-7A-108 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-108 - Modifying or setting aside order or decree--Hearing required on probation violation or change in legal custody.

26-7A-108. Modifying or setting aside order or decree--Hearing required on probation violation or change in legal custody.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.
SD Codified L § 26-7A-108.1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-108.1 - Suspension of probationary period under certain conditions.

26-7A-108.1. Suspension of probationary period under certain conditions.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.
SD Codified L § 26-7A-109 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-109 - Petition for modification or termination of custody decree on change of circumstances.

26-7A-109. Petition for modification or termination of custody decree on change of circumstances.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.
SD Codified L § 26-7A-110 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-110 - Petition for new hearing on ground of new evidence.

26-7A-110. Petition for new hearing on ground of new evidence.A child or a child's parents, guardian, custodian, or guardian ad litem may petition the court for a new hearing related to adjudication or disposition on the ground that new evidence has been discovered which was not known and could not with due diligence have been made available at the original adjudicatory or dispositional hearing and which might affect the order or the decree resulting from the hearing. A noticed hearing on the petition shall be conducted as required by the court. If the court finds at the hearing on the petition that new evidence exists which might affect the original order or decree, the court shall order a new hearing and shall proceed with a revised determination of the case as warranted by the evidence and applicable law. Source: SDC 1939, §43.0328 as added by SL 1968, ch 164, §17; SL 1991, ch 217, §106B; SDCL, §26-8-63.
SD Codified L § 26-7A-111 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-111 - Interstate compacts not affected by provisions.

26-7A-111. Interstate compacts not affected by provisions.Provisions of this chapter and chapters 26-8A, 26-8B, and 26-8C do not affect the "Interstate Compact on Juveniles" in chapter 26-12 or "Interstate Compact on Placement of Children" in chapter 26-13. In the event of any inconsistency or conflict, the provisions of chapter 26-12 and 26-13 take precedence. Source: SL 1968, ch 164, §19; SL 1991, ch 217, §107B; SDCL, §26-8-64.
SD Codified L § 26-7A-112 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-112 - Rules of procedure govern appeals--Notice to attorney general.

26-7A-112. Rules of procedure govern appeals--Notice to attorney general.An intermediate appeal or an appeal may be taken from a judgment, decree, or order under the provisions of this chapter and chapters 26-8A, 26-8B, and 26-8C according to the rules of procedure governing civil appeals. The appellant shall also serve the written notice of appeal and docketing statement upon the state's attorney of the county where the judgment, decree, or order was entered and upon the attorney general. The failure to serve the attorney general does not constitute a jurisdictional bar to the appeal. Initials shall appear on the appeal record documents in place of the names of the child and the child's parents, guardian, or custodian who are parties to the action. Source: SDC 1939, §43.0333 as added by SL 1968, ch 164, §18; SDCL, §26-8-58; SL 1991, ch 217, §108B; SDCL, §26-8-58.1; SL 2004, ch 180, §1.
SD Codified L § 26-7A-113 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-113 - Sealing records in action involving abused or neglected child--Inspection.

26-7A-113. Sealing records in action involving abused or neglected child--Inspection.In any action involving an abused or neglected child, the records and files of the court may be sealed by court order issued on the court's own motion or on the petition of any party to the action after the termination or completion of the action in all respects and after the expiration of the time for all appeals. If parental rights were terminated, the records and files of the court may not be sealed until adoption proceedings concerning the child have been completed or the court specifically orders the records and files sealed on the court's finding, based on information received by the court from the Department of Social Services, that adoption of the child is improbable. After the court records and files relating to the action concerning the abused or neglected child are sealed, inspection of the records and files may thereafter be permitted by the court only on petition by the guardian, guardian ad litem, or attorney for the child who is the subject of the action, by respondent parents whose parental rights have not been terminated or by the Department of Social Services. Before allowing inspection of sealed records and files, the court shall find that the inspection is in keeping with the best interests of the child. Source: SDC 1939, §43.0321 as enacted by SL 1968, ch 164, §15; SL 1978, ch 192, §2; SL 1989, ch 20, §178; SL 1991, ch 217, §109B; SDCL Supp, §26-8-57.1.
SD Codified L § 26-7A-114 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-114 - Sealing records in action involving child in need of supervision--Inspection.

26-7A-114. Sealing records in action involving child in need of supervision--Inspection.In any action involving a child in need of supervision, the records and files of the court may be sealed by court order issued on the court's own motion or on the petition of any party to the action after the termination or completion of the action in all respects, after the expiration of the time for all appeals and after the unconditional release of the child from the court's jurisdiction. After the records and files are sealed, inspection of them may thereafter be permitted by the court only on petition by the state's attorney, guardian, guardian ad litem, or attorney for the child who is the subject of the action or by the respondent parents or a court services officer. Before allowing inspection of sealed records and files, the court shall find that the inspection is in keeping with the best interests of the child. Source: SL 1991, ch 217, §109C.
SD Codified L § 26-7A-115 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-115 - Sealing records in action involving delinquent child--Inspection.

26-7A-115. Sealing records in action involving delinquent child--Inspection.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.
SD Codified L § 26-7A-115.1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-115.1 - Victim of human trafficking or sexual exploitation--Expungement of delinquency record.

26-7A-115.1. Victim of human trafficking or sexual exploitation--Expungement of delinquency record.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.
SD Codified L § 26-7A-116 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-116 - Distribution of copies of order sealing records--Inspection of sealed records.

26-7A-116. Distribution of copies of order sealing records--Inspection of sealed records.If the court orders the sealing of the records and files pursuant to §26-7A-113, 26-7A-114, or 26-7A-115, copies of the sealing order shall be sent to each agency or official named in the order. Subsequent inspection of the sealed records may thereafter be permitted by the court only on petition by the child who is the subject of the record, the state's attorney, or court services officers. The court may permit inspection of the sealed records and files for use by the court in other actions or proceedings under this chapter or chapter 26-8C and for subsequent criminal proceedings for sentencing purposes. Nothing in this chapter prohibits the custodian of records or files from inspecting or accessing the custodian's records or files as may be necessary for the discharge of the custodian's official duties in the absence of an order from the court. Source: SL 1991, ch 217, §109E; SL 2006, ch 143, §1.
SD Codified L § 26-7A-117 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-117 - Maximum age for which committed.

26-7A-117. Maximum age for which committed.A child may be committed to the Department of Corrections only until the child has attained the age of twenty-one years. Source: SL 1992, ch 183, §8; SL 1996, ch 172, §14.
SD Codified L § 26-7A-118 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-118 - Parent or guardian required to appear at certain hearings.

26-7A-118. Parent or guardian required to appear at certain hearings.Notwithstanding any other provision of this chapter, at least one custodial parent or guardian of any child who is the subject of child in need of supervision or delinquency proceedings under this chapter or chapter 26-8B or 26-8C shall appear at any hearing, except a hearing under §26-7A-13, authorized by this chapter or chapter 26-8B or 26-8C. This provision does not apply to parents or guardians who are not residents of South Dakota nor to any state official or state agency. The absence of the parent or guardian need not result in postponement of the scheduled hearing, if the court finds good cause to proceed in the absence. If the parent or guardian, without reasonable cause, fails to appear at the scheduled hearing, a warrant may be issued requiring the parent or guardian to be brought before the court. Source: SL 1993, ch 202.
SD Codified L § 26-7A-120 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-120 - Confidentiality of records.

26-7A-120. Confidentiality of records.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.
SD Codified L § 26-7A-122 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-122 - Court discharge of child from Department of Corrections--Restoration to parent, guardian, or custodian or change in placement--Resisting discharge.

26-7A-122. Court discharge of child from Department of Corrections--Restoration to parent, guardian, or custodian or change in placement--Resisting discharge.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.