reglab/housing_qa huggingface dataset:
SD Codified L § 26-6-42 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-42 - Child-placement agency may not decline service on basis of race, ethnicity, or national origin.

26-6-42. Child-placement agency may not decline service on basis of race, ethnicity, or national origin.No provision of §§26-6-36 to 26-6-50, inclusive, may be construed to allow a child-placement agency to decline to provide a service on the basis of a person's race, ethnicity, or national origin. Due regard shall be afforded to the Indian Child Welfare Act (25 U.S.C. §§1901-1963), if that Act is applicable. Source: SL 2017, ch 114, §7; SL 2019, ch 127, §4.
SD Codified L § 26-6-43 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-43 - Claim or defense based on §§ 26-6-36 to 26-6-50.

26-6-43. Claim or defense based on §§26-6-36 to 26-6-50.A person may assert a violation of §§26-6-36 to 26-6-50, inclusive, as a claim against the state in any judicial or administrative proceeding or as a defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the state, a private person, or any other party. Notwithstanding any other provisions of law, an action under the provisions of §§26-6-36 to 26-6-50, inclusive, may be commenced, and relief may be granted, in a court of the state without regard to whether the person commencing the action has sought or exhausted any available administrative remedies. Source: SL 2017, ch 114, §8.
SD Codified L § 26-6-44 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-44 - Relief available for successful claim or defense.

26-6-44. Relief available for successful claim or defense.Any person who successfully asserts a claim or defense pursuant to §§26-6-36 to 26-6-50, inclusive, may recover the following:(1)Declaratory relief;(2)Injunctive relief to prevent or remedy a violation of the provisions of §§26-6-36 to 26-6-50, inclusive, or the effects of that violation; and(3)Any other relief authorized by law. Source: SL 2017, ch 114, §9.
SD Codified L § 26-6-45 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-45 - Sovereign immunity not waived.

26-6-45. Sovereign immunity not waived.A person may sue the state for the relief allowed pursuant to §§26-6-36 to 26-6-50, inclusive. However, no provision of §§26-6-36 to 26-6-50, inclusive, otherwise waives the sovereign immunity of the state. Source: SL 2017, ch 114, §10.
SD Codified L § 26-6-46 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-46 - Broad protection of free exercise of religious beliefs and moral convictions.

26-6-46. Broad protection of free exercise of religious beliefs and moral convictions.The provisions of §§26-6-36 to 26-6-50, inclusive, shall be construed in favor of a broad protection of free exercise of religious beliefs and moral convictions, to the maximum extent afforded by the federal and state constitutions. The protection of free exercise of religious beliefs and moral convictions afforded by §§26-6-36 to 26-6-50, inclusive, is in addition to the protections provided under federal law, state law, and the federal and state constitutions. Nothing in this section may be construed to:(1)Preempt or repeal any state or local law that is equally or more protective of free exercise of religious beliefs or moral convictions;(2)Narrow the meaning or application of any state or local law protecting free exercise of religious beliefs or moral convictions; or(3)Prevent the state from providing, either directly or through an individual or entity not seeking protection under §§26-6-36 to 26-6-50, inclusive, any benefit or service authorized under state law. Source: SL 2017, ch 114, §11.
SD Codified L § 26-6-47 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-47 - Other law in conflict preempted.

26-6-47. Other law in conflict preempted.The provisions of §§26-6-36 to 26-6-50, inclusive, apply to, and in cases of conflict, supersede any other provision of law that impinges upon the free exercise of religious beliefs and moral convictions protected pursuant to §§26-6-36 to 26-6-50, inclusive, unless a conflicting law is expressly made exempt from the application of the provisions of §§26-6-36 to 26-6-50, inclusive. Source: SL 2017, ch 114, §12.
SD Codified L § 26-6-48 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-48 - Time for asserting claim.

26-6-48. Time for asserting claim.To assert a claim under the provisions of §§26-6-36 to 26-6-50, inclusive, a person shall bring an action no later than two years after the date the person knew or should have known that discrimination occurred or an adverse action was taken against the person. Source: SL 2017, ch 114, §13.
SD Codified L § 26-6-49 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-49 - Construction with federal law.

26-6-49. Construction with federal law.The provisions of §§26-6-36 to 26-6-50, inclusive, apply to any foster care or adoption placement for which a child-placement agency has received funding for that particular placement comprised in part of a federal subsidy only to the fullest extent allowed under federal law. Source: SL 2017, ch 114, §14.
SD Codified L § 26-6-50 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-50 - Other child-placement agencies not limited by actions of religious child-placement agency--Best interest of child.

26-6-50. Other child-placement agencies not limited by actions of religious child-placement agency--Best interest of child.If a child-placement agency declines to provide any services under §26-6-38, the child-placement agency's decision does not limit the ability of another child-placement agency to provide those services and shall not be a factor in determining whether a placement in connection with the service is in the best interest of the child. Source: SL 2017, ch 114, §15.
SD Codified L § 26-6-51 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-51 - Monitor--Designation--Primary duty.

  26-6-51  .  Monitor--Designation--Primary duty.   The secretary of the Department of Social Services shall designate a person or entity outside the Department of Social Services to serve as the monitor and whose primary responsibility is to receive and resolve complaints related to the quality of care provided to youth placed in the custody or care of any of the following:   (1) An intensive residential treatment center, a residential treatment center, or a group care center, as defined in §  26-6-14  ;   (2) An independent living preparation program as defined in §  26-6-14  ; or   (3) A shelter care facility as defined in §  26-6-1.2  .   The monitor shall be a mandatory reporter pursuant to §  26-8A-3  .     Source:  SL 2020, ch 107, § 2.
SD Codified L § 26-6-52 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-52 - Monitor--Powers and duties.

  26-6-52  .  Monitor--Powers and duties.   The monitor designated as provided in §  26-6-51   shall:   (1) Investigate and resolve complaints related to the quality of care provided to youth placed in the custody or care of a facility, center, or program as provided in §  26-6-51  ;   (2) Access any youth in the custody or care of a facility, center, or program as provided in §  26-6-51   and any person in the employ of a facility, center, or program as provided in §  26-6-51  ;   (3) Access any records of or relating to any youth in the custody or care of a facility, center, or program as provided in §  26-6-51  ;   (4) Provide an annual report to the secretary of the Department of Social Services that reflects the number of referrals to the monitor, the number of investigations completed, and a summary of other activities performed by the monitor;   (5) Provide an annual report to the Government Operations and Audit Committee created in §   2-6-2   that, in addition to the information stipulated in subdivision (4), includes a confidential addendum. Notwithstanding the provisions of §§ 26-6-54 and 26-6-57, the confidential addendum shall contain a description of each investigation, the specific findings and recommendations of the monitor, and the response of the Department of Social Services to the recommendations;   (6) Provide reasonable notification of the existence and role of the monitor to any youth in the custody or care of a facility, center, or program as provided in §  26-6-51  , and to the youth's custodial parent or guardian; and   (7) Provide recommendations for corrective action to address any complaint received related to the quality of care provided to the youth.     Source:  SL 2020, ch 107, § 3.
SD Codified L § 26-6-53 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-53 - Findings of abuse or neglect--Report.

  26-6-53  .  Findings of abuse or neglect--Report.   If the monitor has reasonable cause to suspect that a youth under the age of eighteen has been abused or neglected as defined in §  26-8A-2  , the monitor shall immediately report that information to the Division of Child Protection of the Department of Social Services. Any investigation conducted by the monitor shall be independent and separate from any investigation required in §  26-8A-9  .     Source:  SL 2020, ch 107, § 4.
SD Codified L § 26-6-54 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-54 - Persons requesting assistance--Identity--Confidentiality.

  26-6-54  .  Persons requesting assistance--Identity--Confidentiality.   For purposes of any audit, report, evaluation, or public testimony that may be permitted or required under §§  26-6-52   to 26-6-57, inclusive, no disclosure of the identity of, or any other personally identifiable information related to, any youth or any person requesting assistance under §§  26-6-52   to 26-6-57, inclusive, may be required. The identity of any person making a report to the monitor is confidential.     Source:  SL 2020, ch 107, § 5.
SD Codified L § 26-6-55 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-55 - Hinderance of monitor--Violation as misdemeanor.

  26-6-55  .  Hinderance of monitor--Violation as misdemeanor.   A person who knowingly hinders the lawful actions of the monitor is guilty of a Class 1 misdemeanor.     Source:  SL 2020, ch 107, § 6.
SD Codified L § 26-6-56 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-56 - Retaliatory acts--Prohibition--Violation as misdemeanor.

  26-6-56  .  Retaliatory acts--Prohibition--Violation as misdemeanor.   No state agency, facility, center, or program as provided in §  26-6-51  , and no individual acting for a state agency or a facility, center, or program as provided in §  26-6-51   may take any adverse action against an individual in retaliation because the individual cooperated with or provided information to the monitor. A violation of this section is a Class 1 misdemeanor.     Source:  SL 2020, ch 107, § 7.
SD Codified L § 26-6-57 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 06 - Children S Homes And Welfare Agencies|Section 26-6-57 - Persons making report--Identity--Confidentiality.

  26-6-57  .  Persons making report--Identity--Confidentiality.   The identity of the youth and of any person or agency making a report to the monitor is confidential.     Source:  SL 2020, ch 107, § 8.
SD Codified L § 26-7A-2 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-2 - Original jurisdiction of dependency and delinquency proceedings--Effect of custody award in prior divorce proceedings--Application of Indian Child Welfare Act.

26-7A-2. Original jurisdiction of dependency and delinquency proceedings--Effect of custody award in prior divorce proceedings--Application of Indian Child Welfare Act.The circuit court has original jurisdiction in all proceedings under this chapter and chapters 26-8A, 26-8B, and 26-8C.If a child custody award has been made in a circuit court in a divorce action or other proceeding and the jurisdiction of the divorce court is continuing, a circuit court may nevertheless acquire jurisdiction in proceedings involving the same child if the child is alleged to be abused, neglected, in need of supervision, delinquent, or otherwise comes within the jurisdiction set forth in this section.Due regard shall be afforded to the Indian Child Welfare Act (25 U.S.C. §§1901-1963) if that act is applicable. Source: SDC 1939, §43.0302; SL 1968, ch 164, §2; SL 1991, ch 217, §1; SDCL, §26-7-1.
SD Codified L § 26-7A-3 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-3 - Venue of dependency and delinquency proceedings--Transfer of proceedings.

26-7A-3. Venue of dependency and delinquency proceedings--Transfer of proceedings.Proceedings in actions under this chapter or chapter 26-8A, 26-8B, or 26-8C shall be commenced in the county in which the child resides or is present or in which an alleged violation of law, ordinance, or court order occurred.Before or after commencement of proceedings in a county other than the county of the child's residence and prior to adjudication, the court in which the proceedings are initiated may, on motion of the state's attorney, transfer the proceedings to the court of the county of the child's residence if the initial court finds that a transfer would be in the best interests of the child. If the proceedings are transferred, the initial court making the transfer shall transmit all records, files, and reports to the receiving court and the receiving court shall proceed as if the proceedings had been originally commenced in that court. Source: SL 1968, ch 164, §3; SL 1991, ch 217, §2B; SDCL, §26-7-1.1.
SD Codified L § 26-7A-4 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-4 - No costs or fees assessed against abused or neglected child--Assessment to parents or guardian--Fees permitted against supervised or delinquent child.

26-7A-4. No costs or fees assessed against abused or neglected child--Assessment to parents or guardian--Fees permitted against supervised or delinquent child.No costs or fees may be assessed against any abused or neglected child but may be assessed against the child's parents, guardian, or custodian or other responsible party. Costs and fees permitted by law may be assessed or taxed against any child adjudicated to be a child in need of supervision or a delinquent child and against the child's parents, guardian, custodian, or other responsible party. Source: SDC 1939, §43.0329; SL 1984, ch 12, §28; SL 1991, ch 217, §3B; SDCL, §26-7-2.
SD Codified L § 26-7A-5 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-5 - Proceedings in best interest of child.

26-7A-5. Proceedings in best interest of child.Proceedings under this chapter and chapters 26-8A, 26-8B, and 26-8C shall be in the best interests of the child. Source: SDC 1939, §43.0304; SL 1968, ch 164, §4; SL 1991, ch 217, §4B; SDCL, §26-7-11; SL 1994, ch 213.
SD Codified L § 26-7A-6 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-6 - Liberal construction for protection of child.

26-7A-6. Liberal construction for protection of child.Provisions of this chapter and chapters 26-8A, 26-8B, and 26-8C shall be liberally construed in favor of the child, the child's parents, and the state for the purposes of protecting the child from abuse or neglect by the child's parents, guardian, or custodian and for the purposes of affording guidance, control, and rehabilitation of any child in need of supervision or any delinquent child. Source: SDC 1939, §43.0409 (2); SL 1991, ch 217, §5B; SDCL, §26-8-2.
SD Codified L § 26-7A-7 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-7 - Interference with court orders as contempt--Punishment.

26-7A-7. Interference with court orders as contempt--Punishment.Any person who interferes or fails to comply with any order of the court affecting the direction or disposition of any child made pursuant to provisions of this chapter or chapter 26-8A, 26-8B, or 26-8C may be held in contempt of court and is subject to punishment as for contempt of court. Source: SDC 1939, §43.0332; SL 1990, ch 198, §2; SL 1991, ch 217, §6B; SDCL Supp, §26-7-13.
SD Codified L § 26-7A-8 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-8 - Court services officers--Appointment--Duties.

26-7A-8. Court services officers--Appointment--Duties.The presiding judge in each judicial circuit may appoint and employ qualified persons to serve as court services officers subject to the rules of the Supreme Court. Court services officers shall have such duties and responsibilities as directed by the Supreme Court. Source: SDC 1939, §43.0324; SL 1947, ch 190; SL 1951, ch 223; SL 1955, ch 154; SL 1957, ch 207; SL 1959, ch 245; SL 1961, ch 215; SL 1963, ch 246; SL 1968, ch 165, §1; SL 1974, ch 177, §5; SL 1974, ch 178, §1; SL 1975, ch 162, §15; SL 1985, ch 33, §29; SL 1991, ch 217, §7B; SDCL Supp, §26-7-7.
SD Codified L § 26-7A-9 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-9 - State's attorneys to represent state and Department of Social Services--Exemption.

26-7A-9. State's attorneys to represent state and Department of Social Services--Exemption.The state's attorney shall represent the state in all proceedings brought under this chapter and chapter 26-8A, 26-8B, or 26-8C. The state's attorney shall also represent the Department of Social Services in any proceedings brought under this chapter or chapter 26-8A unless the Department of Social Services has selected a separate attorney and has so informed the concerned state's attorney and the court. Source: SDC 1939, §43.0309 as added by SL 1968, ch 164, §7; SL 1991, ch 217, §11B; SDCL, §26-8-22.4.
SD Codified L § 26-7A-10 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-10 - Preliminary investigation by state's attorney--Authorized procedure on basis of investigation.

26-7A-10. Preliminary investigation by state's attorney--Authorized procedure on basis of investigation.If a state's attorney is informed by a law enforcement officer or any other person that a child is, or appears to be, within the purview of this chapter and chapter 26-8A, 26-8B, or 26-8C, the state's attorney shall make a preliminary investigation to determine whether further action shall be taken. On the basis of the preliminary investigation, the state's attorney may:(1)Decide that no further action is required;(2)If the report relates to an apparent abused or neglected child and if additional information is required, refer the matter to the Department of Social Services for further investigation and recommendations;(3)If the report relates to a juvenile cited violation, proceed on the citation;(4)If the report relates to an apparent child in need of supervision, an apparent delinquent child, or a juvenile cited violation, refer the matter to a court services officer for any informal adjustment to the supervision of the court that is practicable without a petition or refer the matter to a court-approved juvenile diversion program for any informal action outside the court system that is practicable without the filing of a petition; or(5)File a petition to commence appropriate proceedings in any case that the youth does not meet the criteria provided in §26-7A-11.1. Source: SDC 1939, §43.0304 as added by SL 1968, ch 164, §4; SL 1977, ch 207; SL 1985, ch 213, §1; SL 1991, ch 217, §12B; SDCL Supp, §26-8-1.1; SL 2015, ch 152, §4; SL 2017, ch 115, §1, eff. Mar. 13, 2017.
SD Codified L § 26-7A-11 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-11 - Requirements for referral for informal adjustment or action.

26-7A-11. Requirements for referral for informal adjustment or action.A report of a preliminary investigation involving any apparent child in need of supervision, any apparent delinquent child, or any juvenile cited violation, may be referred to a court services officer for informal adjustment or to a court-approved juvenile diversion program for informal action pursuant to subdivision 26-7A-10(4) only if:(1)The child and the child's parents, guardian, or other custodian were informed of their constitutional and legal rights, including being represented by an attorney at every stage of the proceedings if a petition is filed;(2)The facts are admitted and establish prima facie jurisdiction; and(3)Written consent is obtained from the child's parents, guardian, or custodian and from the child if the child is of sufficient age and understanding. Efforts to effect informal adjustment or informal action may extend no longer than four months from the date of the consent.The state's attorney may include in the referral to a court-approved juvenile diversion program a requirement that restitution as defined in subdivision 23A-28-2(4) be imposed as a condition of the diversion program. Source: SL 1985, ch 213, §2; SL 1991, ch 217, §13B; SDCL Supp, §26-8-1.2; SL 2008, ch 134, §1; SL 2015, ch 152, §2; SL 2016, ch 146, §6, eff. Mar. 25, 2016; SL 2017, ch 115, §2, eff. Mar. 13, 2017.
SD Codified L § 26-7A-11.1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-11.1 - Criteria for referral for informal adjustment or action.

26-7A-11.1. Criteria for referral for informal adjustment or action.Any apparent child in need of supervision or any apparent delinquent child shall be referred for informal adjustment or informal action pursuant to subdivision 26-7A-10(4) if the following criteria are met:(1)The child has no prior adjudications;(2)The child has had no informal adjustment or informal action within the last twelve months;(3)The child is an apparent child in need of supervision pursuant to §26-8B-2 or an apparent delinquent pursuant to §26-8C-2 and the alleged conduct constitutes a misdemeanor;(4)The child's alleged conduct did not include use of violence or force against another; and(5)All of the requirements in §26-7A-11 are met.If the state's attorney has good cause to believe that informal adjustment or informal action is insufficient to meet the purposes of this chapter and chapters 26-8B and 26-8C, the state's attorney may file a delinquency or child in need of supervision petition pursuant to subdivision 26-7A-10(5). The petition shall include notice of the departure from informal adjustment or informal action and notice to the child of the child's right to move for informal adjustment or informal action. Upon motion of the child and upon a finding that no good cause exists, the court may refer the child to informal adjustment or informal action pursuant to subdivision 26-7A-10(4). Source: SL 2015, ch 152, §3; SL 2017, ch 116, §1.