reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-20.8 - Revocation of license--Cause.

26-6-20.8. Revocation of license--Cause.
Failure of any group home or care center to keep complete records or to comply with any other provision of §§26-6-20.1 to 26-6-20.10, inclusive, shall constitute cause for revocation of the licenses held by the administrator or operator of such homes, centers, or facilities.
Source:
SL 1977, ch 279, §8; SL 2021, ch 116, § 1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-20.9 - Surrender of moneys and funds upon discharge of resident--Receipt--Deposited funds.

26-6-20.9. Surrender of moneys and funds upon discharge of resident--Receipt--Deposited funds.
Upon discharge of a resident, all moneys and funds of that resident which have been entrusted to the home, center, or other facility covered by §§26-6-20.1 to 26-6-20.10, inclusive, shall be surrendered to the resident, his guardian, conservator, or to his parents if a minor, in exchange for a signed receipt. Moneys and valuables kept within the facility shall be surrendered upon demand, and those kept in a demand trust account shall be made available within ten business days.
Source:
SL 1977, ch 279, §6.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-20.10 - Escheat of unclaimed property under specified value after death of resident--Notice to relatives--Time--Disposition of property or money.

26-6-20.10. Escheat of unclaimed property under specified value after death of resident--Notice to relatives--Time--Disposition of property or money.
If, upon the death of a resident and after notification to a known guardian or conservator or relatives of property belonging to the resident, not exceeding two hundred dollars in value, the property remains unclaimed for sixty days, such property shall escheat directly to the state notwithstanding chapter 21-36. The home, center, or other facility shall notify the office of surplus property of the unclaimed property. However, all money, stocks, bonds, contracts, and claims on banks which can readily be converted to money shall be sent to the state treasurer for deposit in the general fund.
Source:
SL 1977, ch 279, §10; SL 1993, ch 213, §118.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-21 - Placement of children for adoption--Consent by agency to adoption.

26-6-21. Placement of children for adoption--Consent by agency to adoption.
Any licensed child welfare agency may place children in family homes for care or for adoption if authorized to do so in the license issued by the Department of Social Services. Whenever a child welfare agency licensed to place children for adoption shall have been given the permanent care, custody, and guardianship of any child and the rights of the parent or parents of such child shall have been terminated by order of a court of competent jurisdiction, the child welfare agency may consent to the adoption of such child pursuant to the statutes regulating adoption proceedings.
Source:
SL 1939, ch 168, §7; SDC Supp 1960, §55.3712.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-22 - Notice to remove child from child welfare agency.

26-6-22. Notice to remove child from child welfare agency.
If at any time the Department of Social Services finds that a child in a child welfare agency is subject to undesirable influences or lacks proper and wise care and management, it shall notify the child welfare agency who has placed the child in the agency to remove him from the agency.
Source:
SL 1939, ch 168, §6; SDC Supp 1960, §55.3711; SL 1985, ch 211, §12.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-23 - Grounds for revocation or refusal to issue or renew child welfare agency license or registration.

26-6-23. Grounds for revocation or refusal to issue or renew child welfare agency license or registration.
The Department of Social Services may revoke or refuse to issue or renew any license or registration certificate of a child welfare agency if the applicant, licensee, or registrant willfully and substantially:
(1)Fails to meet the department's standards for licensure or registration;
(2)Fails to maintain standards as promulgated by the department;
(3)Violates any of the provisions of this chapter;
(4)Furnishes or makes any misleading or false statement or report to the department;
(5)Refuses to submit to the department any reports or records required by the department in making investigation of the facility for licensing purposes;
(6)Fails or refuses to submit to an investigation by the department;
(7)Fails or refuses to admit authorized representatives of the department at any reasonable time for the purpose of investigation;
(8)Fails to provide, maintain, equip, and keep in safe and sanitary condition premises established or used for child care as required under standards prescribed by the department, or as otherwise required by any law, regulation or ordinance available to the location of the facility;
(9)Refuses to display its license or certificate;
(10)Fails to exercise reasonable care in the hiring, training, and supervision of facility personnel;
(11)Fails to report suspected child abuse or neglect pursuant to chapter 26-10; or
(12)Refuses to submit to the department any records or information relative to the background and experience of the personnel of the facility or persons residing at the address of the facility.
Source:
SL 1939, ch 168, §5; SDC Supp 1960, §55.3710; SL 1979, ch 170, §5; SL 1988, ch 211, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-23.1 - Revocation or refusal to issue or renew license or registration for child abuse or violence.

26-6-23.1. Revocation or refusal to issue or renew license or registration for child abuse or violence.
The department may revoke or refuse to issue or renew the license or registration certificate of any child welfare agency if the owner or operator of the agency, a staff member, a member of the facility owner's family residing at the facility, or any other resident of the facility has been found guilty of an offense involving abuse or neglect of a child or violence against a person or who has a substantiated report of abuse or neglect as defined by the department by rule or whose name appears on a report from any other state's central registry of abuse or neglect.
Source:
SL 1988, ch 211, §2; SL 1989, ch 225; SL 1991, ch 217, §172; SL 1992, ch 181.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-23.2 - Central registry background checks on employees.

26-6-23.2. Central registry background checks on employees.
The department shall conduct central registry background checks on all known employees of any child welfare agency.
Source:
SL 1988, ch 211, §3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-24 - Notice of intended revocation or refusal of renewal of license or registration--Hearing on protest--Temporary suspension.

26-6-24. Notice of intended revocation or refusal of renewal of license or registration--Hearing on protest--Temporary suspension.
No license or registration certificate of a child welfare agency may be revoked or renewal refused, unless the holder of the license or registration certificate is given notice by registered mail of the facts or conduct which warrant the intended action. If the intended action is protested, a hearing shall be held pursuant to chapter 1-26. The Department of Social Services may temporarily suspend a registration certificate or license if the health, safety, or welfare of the persons served by the child welfare agency are in imminent danger or if the agency is substantially out of compliance with the requirements for licensing. Upon request of an aggrieved party, a hearing shall be held pursuant to chapter 1-26.
Source:
SL 1939, ch 168, §5; SDC Supp 1960, §55.3710; SL 1979, ch 170, §6; SL 1985, ch 211, §13; SL 1993, ch 199.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-25 - Investigation by department of unlicensed and unregistered operations--Further action by department.

26-6-25. Investigation by department of unlicensed and unregistered operations--Further action by department.
Whenever the Department of Social Services is advised or has reason to believe that any person is conducting or maintaining a child welfare agency without a license or registration certificate as required by this chapter, it shall have an investigation made. If the person is conducting a child welfare agency, it shall either issue a license or registration certificate or take action to prevent continued operation of the agency.
Source:
SL 1939, ch 168, §6; SDC Supp 1960, §55.3711; SL 1979, ch 170, §7.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-27 - Educational and incidental activities exempt from chapter--State institutions.

26-6-27. Educational and incidental activities exempt from chapter--State institutions.
Nothing contained in this chapter applies to educational services performed by an institution, school, or nursery school if the care and maintenance of children is only incidental to the operation of the school, to services performed by summer or recreational camps designed primarily for character building or recreation, to the care of children by a relative, to the casual care of children by a baby sitter, or to the exchange of care of children by parents under informal mutual arrangements, to care furnished by a guardian or by institutions operated by other departments of state government.
For the purposes of this chapter, "casual care of children" is employment which is irregular or intermittent and which is not performed by an individual whose vocation is babysitting and which does not exceed twenty sitter hours rendered to not more than six children per week.
Source:
SDC Supp 1960, §55.3706 as added by SL 1965, ch 248, §1; SL 1972, ch 153; SL 1979, ch 170, §8; SL 1993, ch 213, §119.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-28 - Reduction of number of children in foster care.

26-6-28. Reduction of number of children in foster care.
Each year, the Department of Social Services shall reduce the number of children who have been in foster care more than twenty-four months and who have received or are receiving assistance under Title IV-E of the Social Security Act. The amount of the reduction shall be one-half of one percent of the number of foster children in care during the preceding federal fiscal year.
Source:
SL 1982, ch 199; SL 2004, ch 167, §5.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-29 - Shelters for battered spouses exempt.

26-6-29. Shelters for battered spouses exempt.
This chapter does not apply to agencies which provide shelter, food, or counseling to a battered spouse and his children if the parent remains responsible for the care of his child.
Source:
SL 1985, ch 211, §16.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-35 - Foster care for person under continuing juvenile jurisdiction who is over the age of majority.

26-6-35. Foster care for person under continuing juvenile jurisdiction who is over the age of majority.
Notwithstanding the provisions of §§26-1-1, 26-6-6.1, and 26-7A-101, a child welfare agency and the Department of Corrections may provide foster care for a person over the age of majority but less than twenty-one years of age if the person is under the continuing juvenile jurisdiction of the Department of Corrections.
Source:
SL 2007, ch 163, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-36 - Definitions relating to religious child-placement agencies.

26-6-36. Definitions relating to religious child-placement agencies.
Terms used in §§26-6-36 to 26-6-50, inclusive, mean:
(1)"Child-placement agency," a private organization that receives and places children in foster homes or for adoption, with or without compensation, as a regular activity of that organization or that performs those services as an adjunct to other regular activities;
(2)"State benefit program," any program administered or funded by the state or by any agent on behalf of the state that provides cash, payments, grants, contracts, loans or in-kind assistance;
(3)"State,":
(a)The State of South Dakota or any political subdivision thereof;
(b)Any agency of the State of South Dakota or of a political subdivision of the state including any department, bureau, board, commission, council, court, or public institution of higher education;
(c)Any person acting under the authority of state law.
Source:
SL 2017, ch 114, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-37 - Adverse action defined.

26-6-37. Adverse action defined.
For the purposes of §§26-6-36 to 26-6-50, inclusive, the term, adverse action, means any action that directly or indirectly adversely affects a child-placement agency or organization seeking to become a child-placement agency, places the child-placement agency or organization in a worse position than it was in before the action was taken, or is likely to deter a child-placement agency or organization from acting or refusing to act. The term includes, without limitation, the following:
(1)Altering in any way the tax treatment of, or causing any tax, penalty, or payment to be assessed against, or denying, delaying, revoking, or otherwise making unavailable an exemption from taxation;
(2)Disallowing, denying, or otherwise making unavailable a deduction for state tax purposes of any charitable contribution made to an organization;
(3)Denying an application for, refusing to renew, or canceling any benefit from a state benefit program or other funding;
(4)Declining to enter into, refusing to renew, or canceling a contract;
(5)Declining to issue, refusing to renew, or canceling a license;
(6)Imposing, levying, or assessing a monetary fine, fee, penalty, damages, award, or injunction;
(7)Taking any enforcement action;
(8)Discriminating against an organization in regard to participation in a state benefit program;
(9)Limiting the ability of a person to engage in child-placement services; or
(10)Taking any action that materially alters the terms or conditions of funding or a contract or license.
Source:
SL 2017, ch 114, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-38 - Child-placement agency not required to provide service that conflicts with sincere written religious policy.

26-6-38. Child-placement agency not required to provide service that conflicts with sincere written religious policy.
No child-placement agency may be required to provide any service that conflicts with, or provide any service under circumstances that conflict with any sincerely-held religious belief or moral conviction of the child-placement agency that shall be contained in a written policy, statement of faith, or other document adhered to by a child-placement agency.
If a child-placement agency declines to provide any services, the child-placement agency shall provide in writing information advising the applicant of the Department of Social Services website and a list of licensed child-placement agencies with contact information.
Source:
SL 2017, ch 114, §3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-39 - State may not take adverse action against child-placement agency acting on basis of sincere written religious policy.

26-6-39. State may not take adverse action against child-placement agency acting on basis of sincere written religious policy.
The state may not discriminate or take any adverse action against a child-placement agency or an organization seeking to become a child-placement agency on the basis, wholly or partly, that the child-placement agency has declined or will decline to provide any service that conflicts with, or provide any service under circumstances that conflict with the agency's written sincerely-held religious belief or moral conviction of the child-placement agency.
The state may not enter into a contract that is inconsistent with, would in any way interfere with, or would in any way require an organization to surrender any right created in §§26-6-36 to 26-6-50, inclusive.
Source:
SL 2017, ch 114, §4.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-40 - Licensure and state benefit programs available to religious child-placement agency.

26-6-40. Licensure and state benefit programs available to religious child-placement agency.
Any faith-based or religious child-placement agency or organization that seeks to become a child-placement agency is eligible, on the same basis as any other child-placement agency or organization, to receive a license or participate in a state benefit program. The state may not discriminate against a faith-based or religious organization on the basis, wholly or partly, of the organization's religious character or affiliation.
Source:
SL 2017, ch 114, §5.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 06 - Children's Homes And Welfare Agencies › Section 26-6-41 - Religious child-placement agency to be independent from state.

26-6-41. Religious child-placement agency to be independent from state.
A faith-based or religious child-placement agency that enters into a contract with the state or participates in a state benefit program for child-placement services shall retain the agency's independence from the state, including the child-placement agency's control over the definition, development, practice, and expression of the agency's written religious beliefs and moral convictions; the agency's hiring and employment practices; and decisions as to whether any child-placement service conflicts with any sincerely-held religious belief or moral conviction of the agency.
Source:
SL 2017, ch 114, §6.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-12 - Temporary custody by law enforcement officer or court services officer without court order.

26-7A-12. Temporary custody by law enforcement officer or court services officer without court order.
A child may be taken into temporary custody by a law enforcement officer without order of the court:
(1)If the child is subject to arrest under the provisions of §§23A-3-2 and 23A-3-4;
(2)If the child is abandoned or seriously endangered in the child's surroundings or is seriously endangering others and immediate removal of the child appears to be necessary for the child's protection or for the protection of others;
(3)If there are reasonable grounds to believe the child has run away or escaped from the child's parents, guardian, or custodian;
(4)If the officer reasonably believes that temporary custody is warranted because there exists an imminent danger to the child's life or safety and there is no time to apply for a court order and the child's parents, guardian, or custodian refuse an oral request for consent to the child's removal from their custody or the child's parents, guardian, or custodian are unavailable; or
(5)If the child is under the influence of alcohol, inhalants, or a controlled drug or substance.
A court services officer may take the child into temporary custody without order of the court if the child is under the continuing jurisdiction of the court.
Source:
SDC 1939, §43.0320 as enacted by SL 1968, ch 164, §14; SL 1979, ch 171, §1; SL 1991, ch 217, §16B; SDCL, §26-8-19.1; SL 1995, ch 148, §1; SL 1996, ch 172, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-12.1 - Child in possession of firearms on school property may be taken into temporary custody.

26-7A-12.1. Child in possession of firearms on school property may be taken into temporary custody.
A child alleged to have violated §13-32-7 may be taken into temporary custody by a law enforcement officer who shall immediately notify an intake officer who shall conduct a hearing pursuant to §26-7A-13.
Source:
SL 1999, ch 88, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-13 - Court-ordered temporary custody--Noticed hearing--Without noticed hearing.

26-7A-13. Court-ordered temporary custody--Noticed hearing--Without noticed hearing.
The court may order temporary custody of any child within the jurisdiction of the court during any noticed hearing. Without noticed hearing, the court or an intake officer may immediately issue a written temporary custody directive in the following instances on receipt of an affidavit or, in the absence of a written affidavit when circumstances make it reasonable, on receipt of sworn oral testimony communicated by telephone or other appropriate means:
(1)On application by a state's attorney, social worker of Department of Social Services, or law enforcement officer respecting an apparent, alleged, or adjudicated abused or neglected child stating good cause to believe as follows:
(a)The child is abandoned or is seriously endangered by the child's environment; or
(b)There exists an imminent danger to the child's life or safety and immediate removal of the child from the child's parents, guardian, or custodian appears to be necessary for the protection of the child;
(2)On application by a state's attorney, court services officer, or law enforcement officer respecting an apparent, alleged, or adjudicated child in need of supervision or delinquent child stating good cause pursuant to §26-8B-3 or 26-8C-3, as applicable, to believe as follows:
(a)The child seriously endangers others or there is need for protection of the child; or
(b)The child has run away or escaped from the child's parents, guardian, or custodian.
Source:
SL 1991, ch 217, §17; SL 1995, ch 148, §2; SL 1996, ch 172, §2; SL 1998, ch 158, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-13.1 - Hearing by intake officer.

26-7A-13.1. Hearing by intake officer.
Upon taking a child into temporary custody pursuant to §26-7A-12, the law enforcement officer or court service officer shall immediately notify an intake officer who shall conduct a hearing pursuant to §26-7A-13.
Source:
SL 1992, ch 183, §15; SL 1995, ch 148, §3; SL 1996, ch 172, §3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-13.2 - Delivery of juvenile to temporary custodian.

26-7A-13.2. Delivery of juvenile to temporary custodian.
The law enforcement officer or court service officer taking a juvenile into custody shall deliver the juvenile to the temporary custodian as directed by the court or intake officer.
Source:
SL 1992, ch 183, §19.