reglab/housing_qa huggingface dataset:
SD Codified L § 26-8A-34 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-34 - Alcohol or drug testing as condition of child placement or return.

26-8A-34. Alcohol or drug testing as condition of child placement or return.If the court finds the apparent, alleged, or adjudicated abuse or neglect of a child was related to the use of alcohol, marijuana, or any controlled drug or substance, the placement or return of the child may be subject to the condition, if the court so orders, that a parent, guardian, custodian, or any other adult residing in the home submit to tests for alcohol, marijuana, or any controlled drug or substance prior to or during the placement or return of the child. If a parent, guardian, custodian, or any other adult, who resides in the home and has been ordered by the court to submit to testing for alcohol, marijuana, or any controlled drug or substance, tests positive for alcohol, marijuana, or any controlled drug or substance, or fails to submit to the test as required, the Department of Social Services may immediately remove the child from the physical custody of the parent, guardian, or custodian, without prior court order, subject to a review hearing, which may be telephonic, within forty-eight hours excluding Saturdays, Sundays, and court holidays. As used in this section, any controlled drug or substance means a controlled drug or substance which was not lawfully prescribed by a practitioner as authorized by chapters 22-42 and 34-20B. Source: SL 2008, ch 6, §2.
SD Codified L § 26-8A-35 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-35 - Toxicology test of newborn infant for exposure to controlled substance--Report of positive result.

26-8A-35. Toxicology test of newborn infant for exposure to controlled substance--Report of positive result.If a health care practitioner has reason to believe based on a medical assessment of a mother or a newborn infant that the mother used a controlled substance for a nonmedical purpose during the pregnancy, the health care practitioner may administer, with or without the consent of the newborn infant's parent or guardian, a toxicology test to the newborn infant under the health care practitioner's care to determine whether there is evidence of prenatal exposure to a controlled substance. If the test results are positive, the health care practitioner shall report the results pursuant to §26-8A-8. Source: SL 2018, ch 167, §1.
SD Codified L § 26-8A-36 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-36 - Immunity from liability for administering or not administering toxicology test.

26-8A-36. Immunity from liability for administering or not administering toxicology test.A health care practitioner or any other medical personnel administering a toxicology test to determine the presence of a controlled substance in a newborn infant at birth or during the first twenty-eight days after birth and the employer of the person administering the test are immune from civil or criminal liability arising from administration of the test if the health care practitioner ordering the test believes in good faith that the test is permitted under this section and if the test is administered in accordance with an established protocol and reasonable medical practice.If a health care practitioner or any other medical personnel determines in good faith not to administer a toxicology test under this section, the person making the determination and the person's employer are immune from civil or criminal liability arising from not administering the test. Source: SL 2018, ch 167, §2.
SD Codified L § 26-8A-37 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-37 - Health care practitioner defined.

26-8A-37. Health care practitioner defined.For purposes of §§26-8A-35 and 26-8A-36, a health care practitioner is a person licensed, accredited, or certified to perform specified health services consistent with state law. Source: SL 2018, ch 167, §3.
SD Codified L § 26-8B-1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08B - Children In Need Of Supervision|Section 26-8B-1 - Purpose of chapter.

26-8B-1. Purpose of chapter.It is the purpose of this chapter, in conjunction with chapter 26-7A, to establish an effective state and local system for children in need of supervision, including a focus on community-based rehabilitation. Source: SL 1991, ch 217, §140; SL 2015, ch 152, §28.
SD Codified L § 26-8B-2 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08B - Children In Need Of Supervision|Section 26-8B-2 - Child in need of supervision defined.

26-8B-2. Child in need of supervision defined.For purposes of this chapter, a child in need of supervision is a child:(1)Of compulsory school age who is habitually absent from school without legal excuse;(2)Who has run away from home or is otherwise beyond the control of the child's parent, guardian, or custodian;(3)Whose behavior or condition endangers the child's own welfare or the welfare of others;(4)Who has violated any federal or state law or regulation or local ordinance for which there is not a penalty of a criminal nature for an adult, other than a violation of subdivision 34-46-2(2) or a petty offense; (5)Who has violated §32-23-21 or 35-9-2; or(6)Who engages in prostitution by offering to engage in sexual activity for a fee or other compensation. Source: SDC 1939, §43.0301 (5) as enacted by SL 1968, ch 164, §1; SL 1991, ch 217, §141B; SDCL §26-8-7.1; SL 1994, ch 219, §2; SL 1996, ch 179, §1; SL 1998, ch 215, §3; SL 2003, ch 149, §4; SL 2004, ch 218, §2; SL 2019, ch 109, §1.
SD Codified L § 26-8B-4 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08B - Children In Need Of Supervision|Section 26-8B-4 - Plan of disposition by court services officer following adjudication--Recommendation of community response team.

26-8B-4. Plan of disposition by court services officer following adjudication--Recommendation of community response team.Following adjudication of a child as a child in need of supervision, the court may continue the case and may require a court services officer to present to the court a plan of disposition. If a community response team as defined in §26-8D-1 has been established, prior to any disposition to the Department of Corrections, the court may seek a recommendation for a viable community alternative disposition from the team. If the team is unable to provide any recommendation within seven days of the referral, the court may exercise its discretion and make a disposition decision without the input of the team, pursuant to §26-8B-6. In all cases, the court may adopt the recommendation of the team in part, in full, or reject the recommendation of the team in its entirety. Source: SL 1974, ch 179, §3; SL 1977, ch 208, §1; SL 1991, ch 217, §144B; SDCL §26-8-40.3; SL 2015, ch 152, §17, eff. Jan. 1, 2016.
SD Codified L § 26-8B-5 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08B - Children In Need Of Supervision|Section 26-8B-5 - Medical or mental health care for child.

26-8B-5. Medical or mental health care for child.Following adjudication of a child as a child in need of supervision, the court may order the child to be examined or treated by a physician or qualified mental health professional or to receive other special care and may place the child in a hospital or other suitable facility for such purposes. Source: SL 1974, ch 179, §7; SL 1991, ch 217, §145B; SDCL, §26-8-40.4.
SD Codified L § 26-8B-7 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08B - Children In Need Of Supervision|Section 26-8B-7 - Limit of temporary custody.

26-8B-7. Limit of temporary custody.An alleged or adjudicated child in need of supervision may not be held in temporary custody for more than ninety days beginning with the date the child is first taken into custody unless at the ninetieth day the child is in the process of receiving treatment or care which has a specified duration. In that case the temporary custody may be extended to the end of the treatment or care. Source: SL 1991, ch 217, §147C.
SD Codified L § 26-8B-8 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08B - Children In Need Of Supervision|Section 26-8B-8 - Terms and conditions of probation--Duration--Written statement and explanation required--Review--Release--Modification.

26-8B-8. Terms and conditions of probation--Duration--Written statement and explanation required--Review--Release--Modification.The terms and conditions of probation of a child in need of supervision shall be specified by rules or orders of the court and by a court services officer.The duration of juvenile probation shall be specified by order of the court but may not exceed six months unless:(1)The child is placed in the intensive juvenile probation program; or(2)The child's probation is extended as provided under this section.If the child is placed on intensive juvenile probation, the duration of probation ordered by the court may be up to twelve months.If the child is placed on juvenile probation, a court services officer may request two extensions up to six months each or one extension up to six months for intensive juvenile probation. The court may authorize the same in accordance with Unified Judicial System procedure if the extension is necessary for the child to complete evidence-based treatment as required by the case plan. If evidence-based treatment is not available, an extension may be granted if the youth is engaged in alternative court-approved treatment that will not be completed before the previously ordered term of probation expires.The total duration of probation, including juvenile intensive probation and extensions in all cases, may not exceed eighteen months unless the court provides written authorization to allow a child to complete evidence-based treatment that will not be completed before probation expires. Probation may not be extended solely to collect restitution. If probation is terminated with restitution owing, Unified Judicial System procedure may govern the collection.Each child placed on probation shall be given a written statement of the terms and conditions of probation and the probation policy. The terms and conditions, as well as the probation extension policy, shall be explained to the child.The court shall review the terms and conditions of probation and the progress of each child placed on probation at least once every six months. The court may release a child from probation or modify the terms and conditions of the child's probation at any time, but any child who has complied satisfactorily with the terms, conditions, and duration of probation shall be released from probation and the jurisdiction of the court terminated. If the duration of probation previously prescribed has expired, the court shall release the child from probation and terminate jurisdiction. Source: DC 1939, §43.0328 as added by SL 1968, ch 164, §17; SL 1991, ch 217, §150B; SDCL §26-8-60; SL 2015, ch 152, §30, eff. Jan. 1, 2016; SL 2017, ch 118, §1.
SD Codified L § 26-8B-9 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08B - Children In Need Of Supervision|Section 26-8B-9 - Provisions for violation of terms and conditions.

26-8B-9. Provisions for violation of terms and conditions.The following provisions apply if the child is alleged to have violated the terms and conditions of probation and a formal petition is filed with the court:(1)The court shall set a hearing on the alleged violation and shall give five days' notice to the child, to the child's parents, guardian, or custodian, and to any other parties to the proceedings;(2)The child and the child's parents, guardian, or custodian shall be given a written statement concerning the alleged violation;(3)The child may be represented by legal counsel at the probation violation hearing and the child is entitled to the issuance of compulsory process for the attendance of witnesses;(4)If the court finds by a preponderance of the evidence that the child violated the terms and conditions of probation, the court may modify the terms and conditions of probation, revoke probation, or take other action as permitted by this chapter or chapter 26-7A, according to the least restrictive alternative which is in the best interests of the child and the public, except commitment to the Department of Corrections. The court may only commit a child to the Department of Corrections if the court finds that the violation committed constitutes a new law violation and finds that the aggravated circumstances provided in subdivision 26-8B-6(10) exist;(5)For the purposes of this section, a new law violation is defined as delinquent behavior pursuant to §26-8C-2, a Class 1 misdemeanor violation of title 32, or a violation of §32-23-21; and(6)If the court finds that the child did not violate the terms and conditions of probation as alleged, the court shall dismiss the proceedings and continue the child on probation under the terms, conditions, and duration previously prescribed. If the duration of probation previously prescribed has expired, the court shall release the child from probation and terminate jurisdiction. Source: SL 1991, ch 217, §150C; SL 2015, ch 152, §31, eff. Jan. 1, 2016.
SD Codified L § 26-8C-1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08C - Delinquent Children|Section 26-8C-1 - Purpose of chapter.

26-8C-1. Purpose of chapter.It is the purpose of this chapter, in conjunction with chapter 26-7A, to establish an effective state and local system for delinquent children including a focus on community-based rehabilitation. Source: SL 1991, ch 217, §151; SL 2015, ch 152, §19.
SD Codified L § 26-8C-2 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08C - Delinquent Children|Section 26-8C-2 - "Delinquent child" defined.

26-8C-2."Delinquent child" defined.In this chapter and chapter 26-7A, the term, delinquent child, means any child ten years of age or older who, regardless of where the violation occurred, has violated any federal, state, or local law or regulation for which there is a penalty of a criminal nature for an adult, except state or municipal hunting, fishing, boating, park, or traffic laws that are classified as misdemeanors, or petty offenses or any violation of §35-9-2 or 32-23-21. Source: SDC 1939, §43.0301 (8) as enacted by SL 1968, ch 164, §1; SL 1973, ch 169, §1; SL 1974, ch 153, §45; SL 1976, ch 158, §43-5; SL 1981, ch 201; SL 1991, ch 217, §152B; SDCL, §26-8-7; SL 1994, ch 219, §1; SL 1996, ch 179, §2; SL 2000, ch 124, §1; SL 2003, ch 149, §7; SL 2004, ch 218, §3.
SD Codified L § 26-8C-3 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08C - Delinquent Children|Section 26-8C-3 - Release--Placement in shelter--Circumstances warranting detention.

26-8C-3. Release--Placement in shelter--Circumstances warranting detention.An apparent or alleged delinquent child taken into temporary custody by a law enforcement officer prior to a temporary custody hearing shall be released to the child's parents, guardian, or custodian unless the parents, guardian, or custodian cannot be located or in the judgment of the intake officer are not suitable to receive the child, in which case the child shall be placed in shelter. A child may not be placed in detention unless the intake officer finds that the parents, guardian, or custodian are not available or are not suitable to receive the child, and finds at least one of the following circumstances exists:(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 serious 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 for 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 under the influence of alcohol, inhalants, or a controlled drug or substance and detention is the least restrictive alternative in view of the gravity of the alleged offense and is necessary for the physical safety of the child, the public, and others; or(8)The child has failed to comply with court services or a court ordered program.The shelter or detention authorized shall be the least restrictive alternative available. Source: SL 1989, ch 228, §3; SL 1991, ch 217, §153B; SDCL Supp, §26-8-23.3; SL 1992, ch 183, §2; SL 1994, ch 220; SL 1995, ch 148, §5; SL 1996, ch 172, §20.
SD Codified L § 26-8C-3.1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08C - Delinquent Children|Section 26-8C-3.1 - Risk assessment instrument for statewide use.

26-8C-3.1. Risk assessment instrument for statewide use.(a) Generally, juveniles should only be held in secure detention when less restrictive placement alternatives are not appropriate. The standardized South Dakota JDAI Risk Assessment Instrument (RAI) is an objective tool used to assess a variety of risk factors relative to the likelihood that a juvenile will appear in court or re-offend on a delinquent act prior to his/her court appearance. The RAI is based upon best practice standards that have been tested and implemented in other JDAI jurisdictions across the nation. The overall risk score is a guide in making the initial decision whether to detain in secure detention, utilize an alternative to secure detention, or release with or without conditions pending hearing.(b) As per the authority designated in subdivision 26-7A-1(20), the presiding judge in each circuit shall appoint juvenile detention staff or juvenile reception and intake center staff to serve as intake officers.(c) The State Court Administrator's Office shall provide statewide training on use of the RAI. After the completion of RAI training, all appointed Intake Officers shall complete the RAI on all detention intakes to distinguish between juveniles who are likely to abscond or commit new crimes and those who are not.(d) The State Court Administrator's Office shall compile the following data to be collected by any court appointed intake officer: The number of juveniles detained and released shall be reported along with each juvenile's gender, race, ethnicity, age and offense as well as all assessment information including staff decision, overrides and program information. Source: SL 2015, ch 276 (Supreme Court Rule 15-14), eff. July 1, 2015.
SD Codified L § 26-8C-4 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08C - Delinquent Children|Section 26-8C-4 - Suspension of adjudication of delinquency--Probation--Revocation of suspension.

26-8C-4. Suspension of adjudication of delinquency--Probation--Revocation of suspension.If the court is satisfied that the best interests of the public, justice, and child will be served, the court may, without entering an adjudication of delinquency, with consent of the child, suspend imposition of adjudication of delinquency and place the child on probation under the terms, conditions, and duration required by the court. A court may revoke the suspension at any time during the probationary period and impose an adjudication of delinquency without diminishment or credit for any of the probationary period. Source: SL 1981, ch 204; SL 1982, ch 28, §11; SL 1991, ch 217, §155B; SDCL, §26-8-39.3.
SD Codified L § 26-8C-5 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08C - Delinquent Children|Section 26-8C-5 - Plan of disposition by court services officer following adjudication--Recommendation of community response team.

26-8C-5. Plan of disposition by court services officer following adjudication--Recommendation of community response team.Following adjudication of a child as a delinquent child, the court may continue the case and may require a court services officer to present to the court a plan of disposition. Where a community response team as defined in §26-8D-1 has been established, prior to any disposition to the Department of Corrections, the court may seek a recommendation for a viable community alternative disposition from the team. If the team is unable to provide any recommendation within seven days of the referral, the disposing court may exercise its discretion and make a disposition decision without the input of the team, pursuant to §26-8C-7. In each case, the court may adopt the recommendation of the team in part, in full, or reject the recommendation of the team in its entirety. Source: SL 1974, ch 179, §3; SL 1977, ch 208, §1; SL 1991, ch 217, §156B; SDCL §26-8-40.3; SL 2015, ch 152, §16, eff. Jan. 1, 2016.
SD Codified L § 26-8C-6 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08C - Delinquent Children|Section 26-8C-6 - Court-ordered physical or mental health care for child.

26-8C-6. Court-ordered physical or mental health care for child.Following adjudication of a child as a delinquent child, the court may order the child to be examined or treated by a physician or a qualified mental health professional or to receive other special care and may place the child in a hospital or other suitable facility for such purposes. Source: SL 1974, ch 179, §7; SL 1991, ch 217, §157B; SDCL, §26-8-40.4.
SD Codified L § 26-8C-9 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08C - Delinquent Children|Section 26-8C-9 - Limit of temporary custody.

26-8C-9. Limit of temporary custody.An alleged or adjudicated delinquent child may not be held in temporary custody for more than ninety days beginning with the date the child is first taken into custody unless at the ninetieth day the child is in the process of receiving treatment or care which has a specified duration. In that case, the temporary custody may be extended to the end of the treatment or care. Source: SL 1991, ch 217, §159C.
SD Codified L § 26-8C-11 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08C - Delinquent Children|Section 26-8C-11 - Termination of jurisdiction upon successful disposition.

26-8C-11. Termination of jurisdiction upon successful disposition.Upon the successful completion of the dispositional plan of a delinquent child who has not been committed to the Department of Corrections, the court shall terminate its jurisdiction. If the court determines that the dispositional plan has not been successful, the court shall make further disposition of the delinquent child. Source: SL 1991, ch 217, §163C; SL 1996, ch 172, §23.