reglab/housing_qa huggingface dataset:
SD Codified L § 26-7A-39 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-39 - Compulsory process for attendance of defense witnesses.

26-7A-39. Compulsory process for attendance of defense witnesses.A parent or guardian shall be entitled to the issuance of compulsory process for the attendance of witnesses on his own behalf or on behalf of the child. Upon application to the court, compulsory process shall be issued for the attendance of witnesses on behalf of the child. Source: SDC 1939, §43.0327 as added by SL 1968, ch 164, §16; SDCL, §26-8-32.1.
SD Codified L § 26-7A-40 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-40 - Witness fees and expenses.

26-7A-40. Witness fees and expenses.The court may authorize the payment of witness fees and necessary travel expenses incurred by persons summoned or otherwise required to appear at hearings under this chapter and chapter 26-8A, 26-8B, or 26-8C. Payment may not exceed the amount allowed to witnesses in the circuit court under the rules of civil procedure. Source: SDC 1939, §43.0327 as added by SL 1968, ch 164, §16; SL 1991, ch 217, §49B; SDCL, §26-8-32.2.
SD Codified L § 26-7A-41 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-41 - Physical and mental health examination--Placement in suitable facility--Report.

26-7A-41. Physical and mental health examination--Placement in suitable facility--Report.The court may require an apparent, alleged, or adjudicated abused or neglected child, child in need of supervision, or delinquent child under jurisdiction of the court to be examined by a physician or qualified mental health professional. The court may place the child in a hospital or other suitable facility for that purpose and direct that an examination or evaluation report be submitted to the court. The court may consider the report at any adjudicatory or dispositional hearing. Source: SDC 1939, §43.0327 as added by SL 1968, ch 164, §16; SL 1991, ch 217, §50B; SDCL, §26-8-22.12.
SD Codified L § 26-7A-42 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-42 - Court-ordered protection, support or dental, medical or surgical treatment--Parental consent--Costs.

26-7A-42. Court-ordered protection, support or dental, medical or surgical treatment--Parental consent--Costs.Prior to or following adjudication or disposition of a child under the courts jurisdiction, the court may issue orders providing for any protection, support, or dental, medical, or surgical treatment of an alleged or adjudicated abused or neglected child, child in need of supervision, or delinquent child that the court deems to be in the best interests of the child.The state shall make a reasonable effort to obtain parental consent to treatment of a child under this section. However, lack of parental consent does not abrogate the authority of the court to order treatment if an emergency need exists or if there is a compelling need for treatment for the protection, well-being or safety of the child. Effort by the state to obtain parental consent to treatment of a child is not required if the child is in temporary custody or if the child's parents, guardian, or custodian are not immediately available.The court may issue such orders as necessary and appropriate to secure the payment of the costs of treatment of the child under this section by the child's parents or other parties responsible for the care, support, and maintenance of the child, by the county, by the party having custody of the child or by any combination of them. Source: SDC 1939, §43.0314; SL 1968, ch 164, §11; SL 1991, ch 217, §51B; SDCL, §26-8-43.
SD Codified L § 26-7A-43 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-43 - Petition alleging abused or neglected child, child in need of supervision or delinquent child--Required information--Verification.

26-7A-43. Petition alleging abused or neglected child, child in need of supervision or delinquent child--Required information--Verification.A state's attorney may file with the clerk of courts a written petition alleging a child, located or residing in the county, to be an abused or neglected child, a child in need of supervision, or a delinquent child, as defined by this chapter or chapter 26-8A, 26-8B, or 26-8C. The petition shall include the following:(1)The child's name, date of birth, and residence;(2)The names and residences of the child's parents, guardian, or custodian, or, if not known, of the child's nearest known relatives;(3)A statement of the facts that bring the child within the court's jurisdiction;(4)A request that the court adjudicate the child to be an abused or neglected child, a child in need of supervision or a delinquent child, according to applicable statutory definitions, and that appropriate proceedings be conducted regarding adjudication and disposition; and(5)A statement as to whether or not the Indian Child Welfare Act appears to be applicable.Two or more children having one or more common parent, guardian, or custodian and a common home environment may be included in the same petition.If the petition alleges a child to be an abused or neglected child, the petition shall recite that the action is brought by the state on behalf of the South Dakota Department of Social Services. Petitions filed regarding an alleged child in need of supervision or a delinquent child shall be on behalf of the state.Affidavits of social workers of the Department of Social Services, law enforcement officers, or court services officers may be incorporated by reference as part of the petition.The child's parents, guardian, or custodian, as applicable, shall be included as named respondents in the petition.The petition may be made upon information and belief. If the petition is signed by a party other than a state's attorney, the petition shall be verified. Source: SDC 1939, §43.0305; SL 1968, ch 164, §5; SL 1991, ch 217, §52B; SDCL, §26-8-10.
SD Codified L § 26-7A-44 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-44 - Summons--Unknown parties--Contents.

26-7A-44. Summons--Unknown parties--Contents.Upon the filing of the petition, the court, the clerk of the court, or the prosecuting attorney shall issue a summons stating the time, date, and place for the hearing on the petition that is directed to the child's parents, guardian, or custodian, if any. If the petition declares the parties are unknown, then to "All Whom It May Concern" is sufficient to authorize the court to hear and determine the action as though the parties had been described by their proper names. The summons shall:(1)Require the persons named in it to appear, either in person or by attorney, at a stated time, date, and place and to respond to the petition and shall advise the persons named that failure to appear is an admission to the allegations contained in the petition;(2)State that the persons named and the child who is the subject of the petition have the right to an attorney at all stages of the proceedings;(3)If the petition alleges the child to be an abused or neglected child, include a statement that the termination of parental rights is a possible remedy under the proceeding. The summons may not require the child to personally appear unless otherwise required by the court;(4)If the petition alleges the child to be a child in need of supervision or a delinquent child, require the parents or the party having custody of the child to appear, either in person or by attorney, with the child at the time, date, and place stated in the summons; and(5)If the petition alleges the Indian Child Welfare Act to be applicable, so state and give appropriate notice accordingly. Source: SDC 1939, §43.0306; SL 1973, ch 163, §6; SL 1981, ch 202; SL 1991, ch 217, §55B; SDCL, §26-8-13; SL 1995, ch 149; SL 2004, ch 179, §1.
SD Codified L § 26-7A-45 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-45 - Failure to appear before the court--Contempt.

26-7A-45. Failure to appear before the court--Contempt.If the party having custody of an alleged child in need of supervision or alleged delinquent child, without reasonable cause, fails to bring the child before the court and to appear in person or by attorney with the child as required by the summons, the party may be proceeded against as in a case of civil contempt.If the summons requires the party having custody of an alleged abused or neglected child to appear either in person or by attorney with the child at the time, date, and place stated in the summons and the child is in the custody of the party and not previously taken into temporary custody, the party having custody of the child shall produce the child before the court. If the party having custody of the child, without reasonable cause, fails to bring the child before the court and to appear, in person or by attorney, with the child, the party may be proceeded against as in a case of civil contempt. Source: SDC 1939, §43.0309; SL 1961, ch 212; SL 1968, ch 164, §7; SL 1991, ch 217, §57B; SDCL, §26-8-17.
SD Codified L § 26-7A-46 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-46 - Hearing on petition upon waiver of notice.

26-7A-46. Hearing on petition upon waiver of notice.If all persons and parties named in the summons and entitled to notice of hearing on the petition, including any attorney for the child, file a written request with the court that the child be declared to be an abused or neglected child, a child in need of supervision or a delinquent child, if all the parties voluntarily appear in court and orally waive notice of hearing on the petition, or if all the parties file with the court written waiver of notice on the petition, the court may proceed with the hearing on the petition with the concurrence of the parties. Source: SDC 1939, §43.0307; SL 1991, ch 217, §58B; SDCL, §26-8-14.
SD Codified L § 26-7A-47 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-47 - Service of summons.

26-7A-47. Service of summons.The summons shall be served in the same manner as personal service of summons according to the rules of civil procedure or by publication as provided in this chapter not less than five days before the date of the hearing on the petition and shall be served as follows:(1)On the child if the child is an alleged child in need of supervision or an alleged delinquent child or is a child who is apparently emancipated or is living independently and not residing with a parent, guardian, or custodian; and(2)On the other persons or parties named in the summons.Proofs of service, made according to the rules of civil procedure, shall be filed with the court before commencement of the hearing on the petition. Source: SDC 1939, §43.0306; SL 1991, ch 217, §59B; SDCL, §26-8-15.
SD Codified L § 26-7A-48 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-48 - Publication of summons--Affidavit or certificate of publication.

26-7A-48. Publication of summons--Affidavit or certificate of publication.If the petition or an affidavit of the state's attorney discloses that any person or party to be served with the summons is out of the state, on inquiry cannot be found, is concealed within the state, resides out of the state, whose mail at the last known address has been returned, whose location is unknown or is affected by the designation "All Whom It May Concern," the court shall cause the summons, modified to declare the initials of the child in lieu of the name of the child, to be published once in a newspaper of general circulation published in the county where the action is pending or in a newspaper in another county designated by the court as most likely to give notice to the party to be served. Publication of the summons shall be made not less than five days before the date of the hearing on the petition. Notice given by the publication is the only required notice to the concerned persons or parties to be served who are described in this section. An affidavit or certificate of publication made by the concerned newspaper and accepted by the court is evidence of service of summons by publication.If service of the summons by publication is authorized, the party making service may at his option, without any order of the court, personally serve the summons on any person or party out of the state or the party may admit service of the summons, and no publication of the summons for that party is necessary. Source: SDC 1939, §43.0308; SL 1991, ch 217, §60B; SDCL, §26-8-16.
SD Codified L § 26-7A-49 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-49 - Warrant issued against parents, guardian, or custodian.

26-7A-49. Warrant issued against parents, guardian, or custodian.If the summons is not served on any parent, guardian, or custodian of the child, if any party fails to obey the summons, or if it is made apparent to the court by affidavit of the state's attorney, which may be on information and belief, that a summons will be ineffective to secure the required presence of the child, a warrant may be issued by the court against the parents, guardian, or custodian of the child requiring that the party or the party and the child be brought before the court. If the court requires the presence of any child, a warrant may be issued by the court against the child directing the child to appear before the court. Source: SDC 1939, §43.0309; SL 1961, ch 212; SL 1968, ch 164, §7; SL 1991, ch 217, §61B; SDCL, §26-8-18.
SD Codified L § 26-7A-50 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-50 - Apprehension of child on warrant--Promise of parent, guardian, or custodian to produce child at hearing.

26-7A-50. Apprehension of child on warrant--Promise of parent, guardian, or custodian to produce child at hearing.If a warrant is issued for any child whose presence is required by the court, any law enforcement officer may take the child into custody and bring the child before the court. In lieu of taking custody of the child, the court or any officer processing the warrant may accept the verbal or written promise of the child's parents, guardian, or custodian served with the summons to be personally responsible for bringing the child before the court as required by the summons or the warrant or at any other time to which the hearing has been adjourned or continued as determined by the court. Source: SDC 1939, §43.0309; SL 1968, ch 164, §7; SL 1991, ch 217, §62B; SDCL, §26-8-19.
SD Codified L § 26-7A-51 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-51 - Failure to produce child at hearing as contempt.

26-7A-51. Failure to produce child at hearing as contempt.If any parent, guardian, or custodian of a child makes a verbal or written promise to bring the child before the court as authorized by §26-7A-50 and, without reasonable cause, fails to do so, that person or party may be proceeded against for civil contempt. Source: SDC 1939, §43.0309; SL 1968, ch 164, §7; SL 1991, ch 217, §63B; SDCL, §26-8-20.
SD Codified L § 26-7A-52 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-52 - Bond to secure court appearance of child in need of supervision or delinquent child.

26-7A-52. Bond to secure court appearance of child in need of supervision or delinquent child.Any alleged child in need of supervision or alleged delinquent child who is the subject of proceedings under this chapter or chapter 26-8B or 26-8C may give bond or other security for the child's appearance before the court according to the order of the court. The court may appoint an attorney to appear and represent the child. Source: SDC 1939, §43.0309; SL 1961, ch 213, §2; SL 1968, ch 164, §7; SL 1991, ch 217, §64B; SDCL, §26-8-21.
SD Codified L § 26-7A-53 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-53 - Appearance and answer by interested parties--Failure as default--Petition taken as admitted by default.

26-7A-53. Appearance and answer by interested parties--Failure as default--Petition taken as admitted by default.Every person or party to whom notice is given by summons and all other interested parties affected by the designation "All Whom It May Concern" may appear, either in person or by attorney, pursuant to summons, and answer, either in writing or orally in open court, in response to the petition. If any party fails to appear pursuant to summons or fails to answer or otherwise respond to the petition, the party shall be deemed by the court to be in default and the petition shall be taken as admitted by the party. Source: SDC 1939, §43.0308; SL 1991, ch 217, §65B; SDCL, §26-8-24.
SD Codified L § 26-7A-54 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-54 - Advisory hearing before adjudicatory hearing.

26-7A-54. Advisory hearing before adjudicatory hearing.On appearance of the parties pursuant to summons or at any adjournment or continuance of an appearance, the court shall conduct an advisory hearing before the adjudicatory hearing on the petition, as follows:(1)The court shall first:(a)Ascertain the need for any joinder or deletion of parties, determine true names and addresses of parties and their relationships to the child, and determine the true name, date and place of birth, address, and custodial status of the child;(b)Advise the parties of the nature of the proceedings, the allegations contained in the petition, the burden of proof of the state and the constitutional and statutory rights of the parties; and(c)Advise the parties of their rights to be represented by attorneys and requirements for court-appointed attorney, if appropriate, and, if requested by any party or if required by the court, the court may adjourn and continue the advisory hearing to a time, date, and place set by the court to afford opportunity for parties to consult with their attorneys; and(2)The court shall then receive the answer, response, denial, or admission of the parties and, if appropriate, of the child as follows:(a)If the petition alleges the child to be abused or neglected, parents, guardian, or custodian of the child may admit the allegations contained in the petition and the court may accept the admissions if the court is satisfied there is a factual basis for them;(b)If the petition alleges a child to be in need of supervision, parents, guardian, or custodian of the child and the child may admit the allegations contained in the petition and the court may accept the admissions if the court is satisfied there is a factual basis for them;(c)If the petition alleges the child to be delinquent, the child may admit the allegations contained in the petition and the court may accept the admission if the court is satisfied there is a factual basis for them. Source: SL 1991, ch 217, §67.
SD Codified L § 26-7A-55 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-55 - Petition admitted to by all parties--Dispositional hearing--Petition not admitted to--Adjudicatory hearing--Interim order for temporary custody.

26-7A-55. Petition admitted to by all parties--Dispositional hearing--Petition not admitted to--Adjudicatory hearing--Interim order for temporary custody.If all necessary parties admit the allegations contained in the petition and the court accepts the admissions, the court may find, conclude and make a decision as to adjudication of the child under the applicable provisions of chapter 26-8A, 26-8B, or 26-8C. The court may then proceed with the dispositional phase of the proceedings without conducting a formal adjudicatory hearing on the petition with the concurrence of all parties. However, at the request of any party or if required by the court, the court shall set a later time and date for the dispositional hearing. The court shall then determine interim dispositional arrangements concerning the child and the parties.If the petition is not admitted by all necessary parties, including the child, if appropriate, or if the petition is denied by any necessary party or the child, if appropriate, the court shall proceed with the adjudicatory hearing on the petition, if notice has been given as required by §26-7A-15.1, if applicable, or schedule the adjudicatory hearing for a later time and date.If the advisory hearing is adjourned and continued or if the advisory hearing is completed and the adjudicatory hearing on the petition is scheduled for a later time and date, the court shall make an interim order regarding temporary custody of the child as determined by the court. Source: SL 1991, ch 217, §67; SL 2005, ch 139, §3.
SD Codified L § 26-7A-56 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-56 - Rules of procedure and evidence apply to adjudicatory hearings--Rules for other hearings prescribed by court.

26-7A-56. Rules of procedure and evidence apply to adjudicatory hearings--Rules for other hearings prescribed by court.Except as otherwise provided in this chapter and related chapters 26-8A, 26-8B, and 26-8C, the rules of civil procedure and the rules of evidence apply to adjudicatory hearings. All other hearings shall be conducted under rules prescribed by the court. The rules may be designed by the court to inform the court fully of the exact status of the child and to ascertain the history, environment, and the past and present physical, mental, and moral condition of the child and the child's parents, guardian, and custodian, as may be necessary or appropriate to enable the court to determine suitable disposition of the child according to the least restrictive alternative available in keeping with the child's best interests and with due regard for the rights and interests of the parents, guardian, custodian, the public, and the state. Source: SL 1991, ch 217, §68.
SD Codified L § 26-7A-57 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-57 - Discovery--"Respondent" defined--"Child" defined.

26-7A-57. Discovery--"Respondent" defined--"Child" defined.Sections 26-7A-58 to 26-7A-73, inclusive, relate to discovery in proceedings during the adjudicatory and dispositional phases under this chapter and chapters 26-8A, 26-8B, and 26-8C. In these sections, the term "respondent" means the child's parents, guardian, or custodian or any other interested party other than the Department of Social Services, court services, and the state, and the term "child" means the child who is the subject of the proceedings. Source: SL 1991, ch 217, §69.
SD Codified L § 26-7A-58 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 07A - Juvenile Court|Section 26-7A-58 - Inspection by respondent or child of statements made by any respondent or child.

26-7A-58. Inspection by respondent or child of statements made by any respondent or child.On the written request of a respondent or a child, the state's attorney shall permit the respondent or child to inspect and copy or photograph any relevant written or recorded statements made by any respondent or child or copies of such statements in the possession, custody, or control of the state, the existence of which is known or by the exercise of due diligence may become known to the state's attorney and the substance of any oral statement which was made by any respondent or child in response to interrogation by any person then known to the respondent or child to be an employee of the state or of a department or agency of the state and which the state's attorney intends to offer in evidence at the hearing. Source: SL 1991, ch 217, §69A.