reglab/housing_qa huggingface dataset:
SD Codified L § 26-8A-21.1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-21.1 - Exceptions to § 26-8A-21.

26-8A-21.1. Exceptions to §26-8A-21.Nothing in §26-8A-21 requires reunification of a child with a parent who:(1)Committed a crime defined in §22-16-4, 22-16-7, 22-16-15, 22-16-20, 22-22-1, 22-22-24.3, 22-22A-2, 22-22A-3, 26-10-1, or subdivision 22-19-1(5), or committed conduct described by any of those statutes that violated the law or ordinance of another jurisdiction having elements similar to an offense described by any of those statutes;(2)Aided or abetted, attempted, conspired, or solicited to commit a crime defined in §22-16-4, 22-16-7, 22-16-15, or 22-16-20 or the law or ordinance of another jurisdiction having elements similar to an offense described by any of those statutes;(3)Committed a crime defined in §22-18-1.1, 22-22-7, or subdivision 22-23-2(2) against the child or another child of such parent, or committed conduct described by those sections that violated the law or ordinance of another jurisdiction having elements similar to the offense described by those sections;(4)Has been determined by a court by clear and convincing evidence to have subjected the child or another child to torture, sexual abuse, abandonment for at least six months, chronic physical, mental, or emotional injury, or chronic neglect if the neglect was a serious threat to the safety of the child or another child;(5)Is incarcerated and is unavailable to care for the child during a significant period of the child's minority, considering the child's age and the child's need for care by an adult;(6)Has had parental rights to another child involuntarily terminated by a prior legal proceeding;(7)Has a documented history of abuse and neglect associated with chronic alcohol or drug abuse;(8)Has exposed the child to or demonstrated an inability to protect the child from substantial harm or the risk of substantial harm, and the child or another child has been removed from the parent's custody because the removed child was adjudicated abused and neglected by a court on at least one previous occasion;(9)Has exposed the child to or demonstrated an inability to protect the child from substantial harm or the risk of substantial harm, the child has been removed from the parent's custody on two separate occasions, and the Department of Social Services offered or provided family services on each of the two separate occasions the child was removed; (10)Has exposed the child to or demonstrated an inability to protect the child from substantial harm or risk of harm resulting from a crime, act, or omission as specified in subdivision (1), (2), or (3) of this section; or(11)Is required to register as a sex offender pursuant to chapter 22-24B. Source: SL 1998, ch 161, §2; SL 1999, ch 136, §1; SL 2001, ch 141, §1; SL 2007, ch 167, §1; SL 2012, ch 147, §1.
SD Codified L § 26-8A-21.2 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-21.2 - Permanency hearing required if child is not to be returned to parents--Court to determine placement--Final dispositional hearing.

26-8A-21.2. Permanency hearing required if child is not to be returned to parents--Court to determine placement--Final dispositional hearing.If the court has determined that reasonable efforts to return an adjudicated abused or neglected child to the home of the parent, guardian, or custodian are not appropriate, a permanency hearing shall be held within thirty days after the determination. At the permanency hearing, the court shall determine if:(1)The child should be placed for adoption. If the court determines that the child should be placed for adoption, the state shall notify the parties of its intent to seek the termination of parental rights if notice has not already been provided;(2)The child should be referred for legal guardianship;(3)The child should be placed permanently with a fit and willing relative; or(4)Only in the case of a child who is sixteen years of age or older, a compelling reason is documented with the court that none of the permanent plans listed in this section would be in the best interest of the child, and the child should be placed in another planned permanent living arrangement. At each permanency hearing for a child placed in another planned permanent living arrangement, the court shall ask the child about the desired permanency outcome for the child and make a judicial determination stating the reasons that another planned permanent living arrangement is the best permanency plan for the child.The court may immediately proceed with a final dispositional hearing if proper notice of the hearing has been given. Source: SL 1999, ch 137, §1; SL 2005, ch 142, §1; SL 2016, ch 145, §1.
SD Codified L § 26-8A-22.1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-22.1 - Court to require instruction in parenting as part of sentence in certain convictions.

26-8A-22.1. Court to require instruction in parenting as part of sentence in certain convictions.If any person convicted of contributory abuse or contributory neglect is the child's parent, guardian, or custodian, the court shall include as part of the sentence, or conditions required as part of the suspended execution or imposition of such sentence, that the person receive instruction on parenting approved or provided by the Department of Social Services. Source: SL 1998, ch 162, §2.
SD Codified L § 26-8A-23 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-23 - Court-ordered medical, psychological or psychiatric treatment of spiritually-treated child.

26-8A-23. Court-ordered medical, psychological or psychiatric treatment of spiritually-treated child.If a child has been or is under treatment for physical, mental, or emotional illness solely by a spiritual means, the court may, as provided under §26-8A-22, order that medical, psychological, or psychiatric treatment and hospitalization be provided for the child. Source: SDCL, §26-10-10 as added by SL 1975, ch 179, §2; SL 1990, ch 170, §5; SL 1991, ch 217, §132B; SDCL Supp, §26-10-1.1.
SD Codified L § 26-8A-24 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-24 - Periodic review hearings of foster care status--Petition for judicial action.

26-8A-24. Periodic review hearings of foster care status--Petition for judicial action.If a child has been adjudicated to be an abused or neglected child, parental rights have not been terminated and the court places custody of the child in the Department of Social Services, the court shall conduct a review hearing of the foster care status every six months. The hearing shall be conducted in the same manner as a dispositional hearing. If the department at any time finds that further court action is necessary to clarify the child's legal status or, for any other reason, to protect the interests of the child, the Department of Social Services may require the state's attorney to petition the court for a review hearing. Source: SDCL, §26-8-35 as added by SL 1979, ch 172; SL 1981, ch 203, §1; SL 1989, ch 231, §6; SL 1991, ch 217, §133B; SDCL Supp, §26-8-35.1; SL 1992, ch 183, §11; SL 2001, ch 142, §2.
SD Codified L § 26-8A-25 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-25 - Criteria for determining continued placement of child separate from home.

26-8A-25. Criteria for determining continued placement of child separate from home.In conducting the review hearing required by §26-8A-24 the court may continue placement of the child separate from the home of the child's parents, guardian, or custodian upon a written judicial determination that return of the child to the home would be contrary to the welfare of the child and that reasonable efforts have been made by the Department of Social Services to make it possible for the child to return to the home. In making this determination, the court shall consider the following criteria:(1)The goals of the foster care placement and the appropriateness of foster care;(2)The assistance and services which have been offered to reunite the child with the child's parents, guardian, or custodian and the good faith efforts, or their lack, and ability of the child's parents, guardian, or custodian to cooperate with the department and to effectively utilize the assistance and services for the benefit and welfare of the child; and(3)If the return of the child to the home of the child's parents, guardian, or custodian is not likely, the reasonable efforts of the department that have been made or should be made to provide for other methods of care in keeping with the best interests of the child. Source: SL 1989, ch 231, §2; SL 1991, ch 217, §134B; SDCL, §26-8-35.4.
SD Codified L § 26-8A-26.1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-26.1 - Additional reasons for termination of parental rights.

26-8A-26.1. Additional reasons for termination of parental rights.In addition to the provisions of §26-8A-26, the court may find that good cause exists for termination of parental rights of a parent who:(1)Committed a crime defined in §22-16-4, 22-16-7, 22-16-15, 22-16-20, 22-22-1, 22-22-24.3, 22-22A-2, 22-22A-3, 26-10-1, or subdivision 22-19-1(5), or committed conduct described by any of those statutes that violated the law or ordinance of another jurisdiction having elements similar to an offense described by any of those statutes;(2)Aided or abetted, attempted, conspired, or solicited to commit a crime defined in §22-16-4, 22-16-7, 22-16-15, or 22-16-20 or the law or ordinance of another jurisdiction having elements similar to an offense described by any of those statutes;(3)Committed a crime defined in §22-18-1.1, 22-22-7, or subdivision 22-23-2(2) against the child or another child of such parent, or committed conduct described by those sections that violated the law or ordinance of another jurisdiction having elements similar to the offense described by those sections;(4)Has been determined by a court by clear and convincing evidence to have subjected the child or another child to torture, sexual abuse, abandonment for at least six months, chronic physical, mental, or emotional injury, or chronic neglect if the neglect was a serious threat to the safety of the child or another child;(5)Is incarcerated and is unavailable to care for the child during a significant period of the child's minority, considering the child's age and the child's need for care by an adult;(6)Has had parental rights to another child involuntarily terminated by a prior legal proceeding;(7)Has a documented history of abuse and neglect associated with chronic alcohol or drug abuse;(8)Has exposed the child to or demonstrated an inability to protect the child from substantial harm or the risk of substantial harm, and the child or another child has been removed from the parent's custody because the removed child was adjudicated abused and neglected by a court on at least one previous occasion;(9)Has exposed the child to or demonstrated an inability to protect the child from substantial harm or the risk of substantial harm, the child has been removed from the parent's custody on two separate occasions, and the Department of Social Services offered or provided family services on each of the two separate occasions the child was removed;(10)Has exposed the child to or demonstrated an inability to protect the child from substantial harm or risk of harm resulting from a crime, act, or omission as specified in subdivision (1), (2), or (3) of this section; or(11)Is required to register as a sex offender pursuant to chapter 22-24B. Source: SL 1998, ch 161, §4; SL 1999, ch 136, §2; SL 2001, ch 141, §2; SL 2007, ch 167, §2; SL 2012, ch 147, §2.
SD Codified L § 26-8A-27 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-27 - Final decree terminating parental rights of one or both parents--Child support arrearages--Custody of child.

26-8A-27. Final decree terminating parental rights of one or both parents--Child support arrearages--Custody of child.On completion of a final dispositional hearing regarding a child adjudicated to be abused or neglected, the court may enter a final decree of disposition terminating all parental rights of one or both parents of the child if the court finds, by clear and convincing evidence, that the least restrictive alternative available commensurate with the best interests of the child with due regard for the rights of the parents, the public and the state so requires. The court may enter a decree terminating parental rights if the court finds, by clear and convincing evidence, that the parents have abandoned the child for at least six months and during this period the parents have not manifested to the child or to the physical custodian or caretaker of the child a firm intention to resume physical custody of the child and to make suitable arrangements for the care of the child. If the court decides to terminate parental rights, any existing child support arrearages shall be addressed by the court in the order terminating those parental rights.Upon the entry of the final decree of disposition terminating the parental rights of both parents or of the surviving parent, the court shall vest the Department of Social Services with the custody and guardianship of the person of the child for the purpose of placing the child for adoption and authorizing appropriate personnel of the department to consent to adoption of the child without need for any notice or consent of any parent of the child. The final decree terminating parental rights is final and unconditional. The natural parents retain no post-termination rights or privileges including post-termination visitation except for any final visitation allowed by the department.Upon the entry of a final decree of disposition terminating the parental rights of one parent, the court may leave the child in the custody of the remaining parent and end the proceedings. Source: SDC 1939, §43.0310; SL 1968, ch 164, §8; SL 1991, ch 217, §136B; SDCL §26-8-36; SL 1997, ch 161, §1; SL 2013, ch 119, §21.
SD Codified L § 26-8A-28 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-28 - Notice of order or final decree--Service--Appeal.

26-8A-28. Notice of order or final decree--Service--Appeal.Notice of entry of order of adjudication or final decree of disposition issued by the court in any action involving an abused or neglected child shall be served on the child's attorney and the child's guardian ad litem or special advocate, if any, and on all respondent parents and other respondent parties in any manner authorized by the rules of civil procedure. The notice of entry may be served by publication in the same manner as service of the summons in the action as provided in §26-7A-48. If the notice of entry is served by publication, the service is completed five days after the date of publication. The time for appeal commences on the day following the date of completed service of the notice of entry regardless of the manner in which the notice of entry is served. Source: SL 1991, ch 217, §138; SL 2002, ch 131, §1; SL 2003, ch 150, §1.
SD Codified L § 26-8A-29 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-29 - Continuing jurisdiction over abused or neglected child.

26-8A-29. Continuing jurisdiction over abused or neglected child.In any action involving the termination of parental rights of both parents or any surviving parent, the court has continuing jurisdiction of the action and of the abused or neglected child for purposes of review of status of the child until the adoption of the child is fully completed. The Department of Social Services or any other party having custody and guardianship of the child pending adoption may petition the court to review the status of the child at any time before the adoption of the child is completed. The court may issue any orders or decrees necessary to protect the child, to preserve the child's welfare and to facilitate adoption of the child by the court or another court of competent jurisdiction without delay. The continuing jurisdiction of the court according to this section does not prevent the acquisition of jurisdiction of the child by another court for adoption proceedings according to law. Source: SL 1991, ch 217, §139.
SD Codified L § 26-8A-29.1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-29.1 - Request for hearing by relative denied adoptive placement--Time limits--Intervention.

26-8A-29.1. Request for hearing by relative denied adoptive placement--Time limits--Intervention.Except under circumstances where placement was with another relative of the child, any relative who has been denied adoptive placement by the Department of Social Services may request a hearing to determine if the placement was an abuse of discretion. The request shall be filed with the circuit court having jurisdiction pursuant to §26-8A-29 and shall be filed within thirty days of written notification from the department by regular mail to the relative's last known address. The hearing shall be held within thirty days of the filing of the request for hearing and may be continued for not more than thirty days upon good cause shown. The relative shall be granted limited intervention only for the purpose of the placement review hearing.No intervention may be allowed in a proceeding involving an apparent, alleged, or adjudicated abused or neglected child, including an adoption or guardianship proceeding for a child placed in the custody of the Department of Social Services pursuant to §26-8A-27, except as provided by this chapter and under the Indian Child Welfare Act, (25 U.S.C. §§1901 to 1963, inclusive), as amended to January 1, 2019. Source: SL 2005, ch 140, §3; SL 2019, ch 127, §6.
SD Codified L § 26-8A-30 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-30 - Testimony of child by closed circuit television--Hearing to determine necessity.

26-8A-30. Testimony of child by closed circuit television--Hearing to determine necessity.In any proceeding in which a child under the age of twelve, or a child twelve years of age or older who is developmentally disabled as defined in §27B-1-18, is describing any act of sexual contact or rape performed with or on the child by another, or describing any act of physical abuse or neglect of the child by another, or any act of physical abuse or neglect of another child, or any act constituting a crime of violence as defined in §22-1-2 committed against the child or another child, the court or any party may move to allow that the testimony of the child be taken in a room other than the courtroom and televised at the same time to the courtroom by closed circuit television equipment. Prior to allowing the child to testify under this section, the court shall hold a hearing outside the presence of the jury and make a finding on the record that testimony by the child in the courtroom will cause the child to suffer more than de minimis emotional distress and that testifying under the provisions of this section is necessary to protect the welfare of the child. Source: SL 1993, ch 205, §1.
SD Codified L § 26-8A-31 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-31 - Persons allowed to be present during closed circuit television testimony--Display of defendant's image in room where witness testifies.

26-8A-31. Persons allowed to be present during closed circuit television testimony--Display of defendant's image in room where witness testifies.At the taking of testimony pursuant to §26-8A-30, the public shall be excluded from the room in which the witness is testifying. The persons permitted to be physically present shall be determined by the court. The court, in its discretion, may permit in the room a person whose presence would contribute to the well-being of the witness or the reduction of apprehension of the witness during the testimony. Attorneys for the parties may not be excluded.If the court makes a specific finding, outside the presence of the jury, that the presence of the defendant, or in a civil case, the presence of the respondent, in the same room as the witness, will cause substantial emotional distress to the child and that such distress would impair the ability of the witness to communicate, upon such finding the court may exclude the defendant from the room in which the witness is testifying. However, if the defendant is excluded, the testimony of the witness shall be by two-way closed circuit television such that the testimony of the witness is televised in the courtroom and simultaneously thereto, a monitor in the room in which the witness is testifying displays a view of the courtroom which view shall include the defendant. The right to have the defendant's image televised in the room in which the witness is testifying is a right of the defendant which the defendant may waive. If the defendant is excluded from the room in which the witness is testifying, the court shall provide for instantaneous communication between the defendant and defense counsel. Source: SL 1993, ch 205, §2.
SD Codified L § 26-8A-32 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-32 - Due regard to be afforded Indian Child Welfare Act.

26-8A-32.Due regard to be afforded Indian Child Welfare Act.Due regard shall be afforded to the Indian Child Welfare Act (25 U.S. C. §§1901-1963), if that Act is applicable. Source: SL 2004, ch 2, §10, eff. Mar. 3, 2004; SL 2019, ch 127, §7.
SD Codified L § 26-8A-33 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08A - Protection Of Children From Abuse Or Neglect|Section 26-8A-33 - Proceeding involving child covered by Indian Child Welfare Act.

26-8A-33.Proceeding involving child covered by Indian Child Welfare Act.In any abuse or neglect proceeding involving a child covered by the Indian Child Welfare Act (25 U.S. C. §§1901-1963), as amended to January1, 2005, the tribe may appear by counsel or by a representative of the tribe designated by the tribe to intervene on behalf of the tribe. When the tribe appears as a party by a representative of the tribe, the name of the representative and a statement of authorization for that individual or agency to appear as the tribe must be submitted to the court in the form of a tribal resolution or other document evidencing an official act of the tribe. Source: SL 2005, ch 296 (Supreme Court Rule 05-10), effective Feb. 25, 2005.