reglab/housing_qa huggingface dataset:
SD Codified L § 26-7A-123 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-123 - Department of Corrections to file periodic report on child in custody--Contents of report.

26-7A-123. Department of Corrections to file periodic report on child in custody--Contents of report.Within thirty days after a child is committed to the Department of Corrections under this chapter, or chapter 26-8B, or 26-8C, and every ninety days thereafter while the child remains in a correctional placement, the Department of Corrections shall file a written report with the court which committed such child. This written report shall contain the following information:(1)The results of any assessments of the child concerning the child's emotional, mental, educational, psychological, psychiatric, medical, physical, or health status and needs; and(2)Information regarding the placement of the child within particular programs administered by the Department of Corrections; and(3)Progress of the child in programs administered by the Department of Corrections. Source: SL 2000, ch 121, §1.
SD Codified L § 26-7A-124 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-124 - Judicial review of report--Court may issue show cause order against department.

26-7A-124. Judicial review of report--Court may issue show cause order against department.Upon review of the information provided in §26-7A-123, the court may, upon its own motion, enter an order compelling the secretary of corrections to appear and show cause why the court should not order the discharge of the child from the department, order the child to be restored to the child's parents, guardian, or custodian, order the child to be placed under the guardianship of another person appointed by the court and placed in a suitable family home, or order an amended decree of disposition pursuant to §26-8B-6 or 26-8C-7. 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. Source: SL 2000, ch 121, §2.
SD Codified L § 26-7A-125 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-125 - Graduated sanctions and incentives program for responding to probation violations.

26-7A-125. Graduated sanctions and incentives program for responding to probation violations.The Supreme Court shall establish rules, pursuant to §16-3-1, to develop a graduated sanctions and incentives procedure and grid to guide court services officers in determining the appropriate response to a violation of terms or conditions of probation in juvenile cases. If the graduated sanctions program includes detention, a stay may not exceed forty-eight hours, and may not exceed twenty-four hours for children in need of supervision pursuant to §26-8B-3. The Unified Judicial System shall collect data related to the use of sanctions, grid compliance and program outcomes, and shall include a process for reviewing sanctions that are challenged by the juvenile. The system of graduated sanctions shall be created with the following objectives:(1)Responding to violations of probation quickly, consistently, and proportionally;(2)Reducing the time and resources expended by the court to respond to violations; and(3)Reducing the likelihood of a new delinquent act. Source: SL 2015, ch 152, §25, eff. Jan. 1, 2016.
SD Codified L § 26-7A-126 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-126 - Law enforcement treatment as juvenile cited violation--Procedure--Report to state's attorney.

26-7A-126. Law enforcement treatment as juvenile cited violation--Procedure--Report to state's attorney.The following allegations of delinquency and children in need of supervision shall be treated as juvenile cited violations by law enforcement:(1)Petty theft in the second degree pursuant to §22-30A-17.3;(2)Intentional damage to property, four hundred dollars or less, pursuant to §22-34-1;(3)Purchase, possession, or consumption of alcoholic beverage by person under twenty-one years pursuant to §35-9-2 in accordance with subdivision 26-8B-2(5); and(4)Truancy pursuant to subdivision 26-8B-2(1).The issuing officer shall notify the child and the child's parent, guardian, or custodian that a hearing on the citation for a cited violation shall be held before a judicial circuit court judge within ten days of issuance of the citation or on the next available court date and be treated as a confidential juvenile matter. The hearing shall be held pursuant to §26-7A-36 and the case records shall be treated as confidential consistent with the provisions of §§26-7A-114, 26-7A-115, 26-7A-116, 26-7A-120, and 26-7A-27. A cited violation is not an adjudication or a child in need of supervision or delinquency proceeding. In lieu of a citation, pursuant to subdivision 26-7A-126(4), a school official may file a report with the state's attorney. A report may also be filed with the state's attorney in lieu of a citation if the conduct occurs in conjunction with another offense that is not subject to the juvenile cited violation process. Source: SL 2015, ch 152, §37, eff. Jan. 1, 2016; SL 2017, ch 115, §3, eff. Mar. 13, 2017.
SD Codified L § 26-7A-127 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-127 - Action by state's attorney for juvenile cited violation.

26-7A-127. Action by state's attorney for juvenile cited violation.If a state's attorney is informed that a citation or report has been issued for a juvenile cited violation, the state's attorney may take any action permitted pursuant to §26-7A-10, except that a state's attorney may only file a petition pursuant to subdivision 26-7A-10(5) if:(1)The child is cited or a report is filed pursuant to subdivision 26-7A-126(1), (2), or (4); or(2)The child is cited pursuant to subdivision 26-7A-126(3), and has two or more prior judgments for the same violation.If the state's attorney intends to proceed on a petition for a violation of the provisions in §26-7A-126 pursuant to subdivision (1) or (2) in this section, the provisions of §26-7A-11.1 apply. Source: SL 2015, ch 152, §38, eff. Jan. 1, 2016; SL 2017, ch 115, §4, eff. Mar. 13, 2017.
SD Codified L § 26-7A-128 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-128 - Admission or denial of alleged juvenile cited violation--Procedure.

26-7A-128. Admission or denial of alleged juvenile cited violation--Procedure.If the state's attorney elects to proceed on the citation pursuant to subdivision 26-7A-10(3), the child shall be asked for an admission or denial of the alleged violation. If the child admits to the violation, the court shall accept the admission and enter a judgment pursuant to §26-7A-129. If the child denies committing the violation, the case may be tried according to procedure adopted by the presiding judge of each judicial circuit and approved by the Supreme Court, but a jury trial may not be granted.If the child fails to appear in court at the time set in the citation or set by subsequent postponement, the court may either issue a summons to appear and set a new date for hearing to show cause, the court may consider that failure to appear constitutes an admission to the allegations contained in the complaint and may accordingly enter a judgment for payment, or may grant permission to the state's attorney to file a petition pursuant to subdivision 26-7A-10(5).If the child fails to comply with the terms of the judgment, the court may issue a summons to appear and show cause, or assess against the child's parents or guardians the amount of the citation and any restitution owed pursuant to §26-7A-129 or may grant permission to the state's attorney to file a petition pursuant to subdivision 26-7A-10(5). Source: SL 2015, ch 152, §39, eff. Jan. 1, 2016; SL 2016, ch 146, §2, eff. Mar. 25, 2016; SL 2017, ch 115, §5, eff. Mar. 13, 2017.
SD Codified L § 26-7A-129 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-129 - Judgment on juvenile cited violation.

26-7A-129. Judgment on juvenile cited violation.If a child is found to be in violation of the citation, the court shall enter a judgment against the child for one or more of the following:(1)Require the child to complete a court-approved juvenile diversion program or informal adjustment administered by a court services officer;(2)A fine and court costs not to exceed one hundred dollars;(3)Community service;(4)Restitution as defined in subdivision 23A-28-2(4) and as determined appropriate by the court; or(5)Suspension or revocation of the child's driving privilege if the judgment is entered on a violation pursuant to subdivision 26-7A-126(3).The court may set a hearing to review compliance with the judgment. If a child is unable to pay a fine, court costs, or restitution as ordered by the court, any party may request that the court order community service in lieu of the monetary judgment. At no time may a court order a child to probation or detention upon entry of a judgment on a cited violation. A judgment on a cited violation shall be a confidential matter pursuant to subsection 15-15A-7(p) but the state's attorney may maintain a nonpublic record of the judgment for purposes of determining eligibility under §26-7A-127. Source: SL 2015, ch 152, §40, eff. Jan. 1, 2016; SL 2016, ch 146, §5, eff. Mar. 25, 2016; SL 2017, ch 115, §6, eff. Mar. 13, 2017.
SD Codified L § 26-8A-1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-1 - Purpose of chapter.

26-8A-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 protection of children from abuse or neglect. Adjudication of a child as an abused or neglected child is an adjudication of the status or condition of the child who is the subject of the proceedings and is not necessarily an adjudication against or in favor of any particular parent, guardian, or custodian of the child. Source: SL 1991, ch 217, §110.
SD Codified L § 26-8A-2 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-2 - Abused or neglected child.

26-8A-2. Abused or neglected child.In this chapter and chapter 26-7A, the term, abused or neglected child, means a child:(1)Whose parent, guardian, or custodian has abandoned the child or has subjected the child to mistreatment or abuse;(2)Who lacks proper parental care through the actions or omissions of the child's parent, guardian, or custodian;(3)Whose environment is injurious to the child's welfare;(4)Whose parent, guardian, or custodian fails or refuses to provide proper or necessary subsistence, supervision, education, medical care, or any other care necessary for the child's health, guidance, or well-being;(5)Who is homeless, without proper care, or not domiciled with the child's parent, guardian, or custodian through no fault of the child's parent, guardian, or custodian;(6)Who is threatened with substantial harm;(7)Who has sustained emotional harm or mental injury as indicated by an injury to the child's intellectual or psychological capacity evidenced by an observable and substantial impairment in the child's ability to function within the child's normal range of performance and behavior, with due regard to the child's culture;(8)Who is subject to sexual abuse, sexual molestation, or sexual exploitation as defined in §22-22-24.3, by the child's parent, guardian, custodian, or any other person responsible for the child's care;(9)Who was subject to prenatal exposure to abusive use of alcohol, marijuana, or any controlled drug or substance not lawfully prescribed by a practitioner as authorized by chapters 22-42 and 34-20B; or(10)Whose parent, guardian, or custodian knowingly exposes the child to an environment that is being used for the manufacture, use, or distribution of methamphetamines or any other unlawfully manufactured controlled drug or substance. Source: SDC 1939, §43.0301 (12) as enacted by SL 1968, ch 164, §1; SL 1984, ch 192, §1; SL 1990, ch 170, §4; SL 1991, ch 217, §111B; SDCL Supp, §26-8-6; SL 1998, ch 204, §2; SL 2004, ch 181, §1; SL 2005, ch 141, §1; SL 2008, ch 137, §1; SL 2020, ch 89, § 5.
SD Codified L § 26-8A-3 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-3 - Persons required to report child abuse or neglected child--Intentional failure as misdemeanor.

26-8A-3. Persons required to report child abuse or neglected child--Intentional failure as misdemeanor. Any physician, dentist, doctor of osteopathy, chiropractor, optometrist, emergency medical technician, paramedic, mental health professional or counselor, podiatrist, psychologist, religious healing practitioner, social worker, hospital intern or resident, parole or court services officer, law enforcement officer, teacher, school counselor, school official, nurse, licensed or registered child welfare provider, employee or volunteer of a domestic abuse shelter, employee or volunteer of a child advocacy organization or child welfare service provider, chemical dependency counselor, coroner, dental hygienist, or any safety-sensitive position as defined in §3-6C-1, who has reasonable cause to suspect that a child under the age of eighteen has been abused or neglected as defined in §26-8A-2 shall report that information in accordance with §§26-8A-6, 26-8A-7, and 26-8A-8. Any person who intentionally fails to make the required report is guilty of a Class 1 misdemeanor. Any person who knows or has reason to suspect that a child has been abused or neglected as defined in §26-8A-2 may report that information as provided in §26-8A-8. Source: SL 1964, ch 90, §§1, 5; SDCL §26-10-13; SL 1973, ch 172, §1; SL 1975, ch 179, §2; SL 1976, ch 167; SL 1982, ch 201; SL 1984, ch 192, §2; SL 1985, ch 215, §1; SL 1986, ch 223; SL 1991, ch 217, §112B; SDCL Supp, §26-10-10; SL 1993, ch 203; SL 2000, ch 122, §1; SL 2012, ch 146, §1; SL 2016, ch 143, §1; SL 2021, ch 118, § 1.
SD Codified L § 26-8A-4 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-4 - Additional persons to report death resulting from abuse or neglect--Intentional failure as misdemeanor.

26-8A-4. Additional persons to report death resulting from abuse or neglect--Intentional failure as misdemeanor.In addition to the report required under §26-8A-3, any person who has reasonable cause to suspect that a child has died as a result of child abuse or neglect as defined in §26-8A-2 shall report that information to the medical examiner or coroner. Upon receipt of the report, the medical examiner or coroner shall cause an investigation to be made and submit written findings to the state's attorney and the Department of Social Services. Any person required to report under this section who knowingly and intentionally fails to make a report is guilty of a Class 1 misdemeanor. Source: SL 1984, ch 192, §4; SL 1991, ch 217, §113B; SDCL, §26-10-10.1.
SD Codified L § 26-8A-5 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-5 - Application of terms.

26-8A-5. Application of terms.As used in §§26-8A-3 and 26-8A-7, the terms "teacher," "school counselor," "school official," "school administrator," "school principal," and "school superintendent" apply to any person substantially performing the respective duties of any such position in a public or private school, whether accredited or unaccredited, and to any person providing instruction pursuant to §13-27-3. Source: SL 1989, ch 232; SL 1991, ch 217, §114B; SDCL Supp, §26-10-10.2.
SD Codified L § 26-8A-6 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-6 - Report of abuse or neglect by hospital personnel--Failure as misdemeanor--Written policy required.

26-8A-6. Report of abuse or neglect by hospital personnel--Failure as misdemeanor--Written policy required.Any person who has contact with a child through the performance of services as a member of a staff of a hospital or similar institution shall immediately notify the person in charge of the institution or his designee of suspected abuse or neglect. The person in charge shall report the information in accordance with the provisions of §26-8A-8. Any person required by this section to report shall also promptly submit to the state's attorney complete copies of all medical examination, treatment, and hospital records regarding the child. Any person who knowingly and intentionally fails to make a required report and to submit copies of records is guilty of a Class 1 misdemeanor. Each hospital or similar institution shall have a written policy on reporting of child abuse and neglect and submission of copies of medical examination, treatment, and hospital records to the state's attorney. Source: SL 1964, ch 90, §§1, 5; SDCL, §26-10-13; SL 1984, ch 192, §5; SL 1985, ch 215, §2; SL 1991, ch 217, §115B; SDCL Supp, §26-10-11.
SD Codified L § 26-8A-7 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-7 - Child abuse or neglect reports by school personnel--Failure as misdemeanor--Written policy required.

26-8A-7. Child abuse or neglect reports by school personnel--Failure as misdemeanor--Written policy required.Any person who has contact with a child through the performance of services in any public or private school, whether accredited or unaccredited, as a teacher, school nurse, school counselor, school official or administrator, or any person providing services pursuant to §13-27-3 shall notify the school principal or school superintendent or designee of suspected abuse or neglect. The school principal or superintendent shall report the information in accordance with the provisions of §26-8A-8. Any person who knowingly and intentionally fails to make a required report is guilty of a Class 1 misdemeanor. Each school district shall have a written policy on reporting of child abuse and neglect. Source: SL 1984, ch 192, §6; SL 1985, ch 215, §3; SL 1991, ch 217, §116B; SDCL Supp, §26-10-11.1.
SD Codified L § 26-8A-8 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-8 - Oral report of abuse or neglect--To whom made--Response report.

26-8A-8. Oral report of abuse or neglect--To whom made--Response report.The reports required by §§26-8A-3, 26-8A-6, and 26-8A-7 and by other sections of this chapter shall be made orally and immediately by telephone or otherwise to the state's attorney of the county in which the child resides or is present, to the Department of Social Services or to law enforcement officers. The mandatory reporter who witnessed the disclosure or evidence of the abuse or neglect must be available to answer questions when the initial report is made pursuant to this section. The state's attorney or law enforcement officers, upon receiving a report, shall immediately notify the Department of Social Services. Any person receiving a report of suspected child abuse or child neglect shall keep the report confidential as provided in §26-8A-13, except as otherwise provided in chapter 26-7A or this chapter.The person receiving a report alleging child abuse or neglect shall ask whether or not the reporting party desires a response report. If requested by the reporting person, the Department of Social Services or the concerned law enforcement officer shall issue within thirty days, a written acknowledgment of receipt of the report and a response stating whether or not the report will be investigated. Source: SL 1964, ch 90, §2; SL 1973, ch 172, §2; SL 1975, ch 179, §3; SL 1980, ch 192, §1; SL 1984, ch 192, §3; SL 1991, ch 217, §117B; SDCL §26-10-12; SL 2015, ch 151, §1.
SD Codified L § 26-8A-9 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-9 - Investigation of oral report--Other action permitted--Appointment of attorney--Compensation.

26-8A-9. Investigation of oral report--Other action permitted--Appointment of attorney--Compensation.Upon receipt of a report pursuant to §26-8A-8, the Department of Social Services or law enforcement officers shall investigate. Investigating personnel may personally interview a child out of the presence of the child's parents, guardian, or custodian without advance notice or consent. The investigation does not prohibit any other lawful action. If the investigation and report indicate that child abuse or neglect has occurred, the state's attorney shall take appropriate action immediately. The court may appoint an attorney, guardian ad litem, or special advocate to assist in representing the best interests of the child. Any such appointment shall occur in the manner the county in which the action is being conducted has chosen to provide indigent counsel under §23A-40-7. Compensation and expense allowances for the child's attorney, guardian ad litem, or special advocate shall be determined and paid according to §26-7A-31. Source: SL 1973, ch 172, §3; SL 1975, ch 179, §4; SL 1980, ch 192, §2; SL 1984, ch 192, §7; SL 1985, ch 214, §1; SL 1991, ch 217, §118B; SDCL Supp, §26-10-12.1; SL 2010, ch 139, §2.
SD Codified L § 26-8A-10 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-10 - Report to social services--Content.

26-8A-10. Report to social services--Content.A report made pursuant to §26-8A-8 to the Department of Social Services shall include the name, address, date and place of birth of the child, the name and address of the child's parents, guardian, custodian, or responsible persons, the date of the report, and the suspected or proven instances of child abuse or neglect as defined in §26-8A-2. The Department of Social Services shall be the central registry for such information. Source: SL 1973, ch 172, §4; SL 1975, ch 179, §5; SL 1980, ch 192, §3; SL 1980, ch 193, §2; SL 1984, ch 192, §8; SL 1991, ch 217, §119B; SDCL, §26-10-12.2.
SD Codified L § 26-8A-10.1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-10.1 - Notice to child's parents of determination of abuse or neglect--Contents--Confidentiality.

26-8A-10.1. Notice to child's parents of determination of abuse or neglect--Contents--Confidentiality.If an investigation by the Department of Social Services determines that abuse or neglect has occurred, the department shall make reasonable efforts to inform each of the child's parents of the determination with due regard given to the rights of the subject of the report pursuant to §26-8A-11. The information shall only include identification of the provisions of §26-8A-2 which constituted the basis for the determination that abuse or neglect occurred. This provision does not limit the department in providing services to a parent who is the subject of the report. A notice of the report shall be sent, by certified mail, to any parent who is not the subject of the report at the parent's last known address. The information shall be maintained confidential by the parent pursuant to §26-8A-13. Source: SL 2006, ch 145, §1.
SD Codified L § 26-8A-10.2 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-10.2 - Exception to notice requirement.

26-8A-10.2. Exception to notice requirement.The provisions of §26-8A-10.1 do not apply if the department has good cause to believe that the provisions of the information will be seriously detrimental to the best interests of the child. Source: SL 2006, ch 145, §2.