reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-59 - Request for copy of prior order of adjudication or final decree of disposition.

26-7A-59. Request for copy of prior order of adjudication or final decree of disposition.
On the written request of a respondent or a child, the state's attorney shall furnish to the respondent or child a copy of any prior order of adjudication or final decree of disposition affecting the party in any prior proceedings in the county involving the party that related to abused or neglected children, children in need of supervision, or delinquent children that is in the possession, custody, or control of the state's attorney, the existence of which is known or by the exercise of due diligence may become known to the state's attorney.
Source:
SL 1991, ch 217, §69B.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-60 - Right to inspect, copy, or photograph books, papers, documents, photographs, tangible objects, buildings, or places.

26-7A-60. Right to inspect, copy, or photograph books, papers, documents, photographs, tangible objects, buildings, or places.
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 books, papers, documents, photographs, tangible objects, buildings, or places, or copies or portions of them which are in the possession, custody, or control of the state's attorney and which are material to the preparation of the respondent's or child's case, which are intended for use by the state's attorney as evidence in chief at the hearing, or which were obtained from or belong to the respondent or child.
Source:
SL 1991, ch 217, §69C.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-61 - Right of respondent or child to inspect, copy, or photograph results or reports of physical or mental examinations and scientific tests or experiments.

26-7A-61. Right of respondent or child to inspect, copy, or photograph results or reports of physical or mental examinations and scientific tests or experiments.
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 results or reports of physical or mental examinations and of scientific tests or experiments, or copies of them, which are in the possession, custody, or control of the state's attorney, the existence of which is known or by the exercise of due diligence may become known to the state's attorney, and which are material to the preparation of the case of the respondent or child or are intended for use by a state's attorney as evidence in chief at the hearing.
Source:
SL 1991, ch 217, §69D.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-62 - Inspection of internal documents of state prohibited--Exceptions--Inspection of statements of state's witnesses prohibited--Exceptions.

26-7A-62. Inspection of internal documents of state prohibited--Exceptions--Inspection of statements of state's witnesses prohibited--Exceptions.
Except as provided in §§26-7A-58, 26-7A-59, and 26-7A-61 the discovery or inspection of reports, memoranda, or other internal documents made by the state's attorney or other employees of the state or any department or agency of the state in connection with the investigation or litigation of the case is not authorized. The discovery or inspection of statements made by witnesses or prospective witnesses of the state or any department or agency of the state is not authorized except as provided in §§26-7A-64 to 26-7A-66, inclusive.
Source:
SL 1991, ch 217, §69E.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-63 - Statement of state's witness or prospective witness not subject to discovery until witness has testified.

26-7A-63. Statement of state's witness or prospective witness not subject to discovery until witness has testified.
In any proceedings under this chapter and chapters 26-8A, 26-8B, and 26-8C, no statement in the possession of the state's attorney which was made by a witness or prospective witness of the state or any department or agency of the state, other than a respondent or a child, may be the subject of subpoena, discovery, or inspection until the witness has testified on direct examination in the adjudicatory hearing.
Source:
SL 1991, ch 217, §69F.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-64 - Examination upon request of statement by state's witness relating to subject matter of witness' testimony.

26-7A-64. Examination upon request of statement by state's witness relating to subject matter of witness' testimony.
After a witness called by the state's attorney has testified on direct examination, the court shall, on the motion of a respondent or a child, order the state's attorney to produce any statement, as defined in §26-7A-67, of the witness in the possession of the state's attorney which relates to the subject matter on which the witness has testified. If the entire contents of any statement relate to the subject matter of the testimony of the witness, the court shall order it to be delivered directly to the respondent or the child for examination and use by the party.
Source:
SL 1991, ch 217, §69G.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-65 - Excise of nonsubject matter related material from witness' statement to be produced--Appeal.

26-7A-65. Excise of nonsubject matter related material from witness' statement to be produced--Appeal.
If the state's attorney claims that any statement ordered to be produced under §§26-7A-63 to 26-7A-67, inclusive, contains matter which does not relate to the subject matter of the testimony of the witness, the court shall order the state's attorney to deliver the statement for the inspection of the court in camera. Upon delivery the court shall excise the portions of the statement which do not relate to the subject matter of the witness. With the material excised, the court shall direct delivery of the statement to the respondent or child for the party's use. If, pursuant to this procedure, any portion of the statement is withheld from the respondent or the child, the respondent or the child objects to the withholding, and the hearing proceeds to an adjudication of the child, the entire text of the statement shall be preserved by the state's attorney. If the respondent or the child appeals, the entire statement shall be made available to the appellate court for the purpose of determining the correctness of the ruling of the trial judge. When any statement is delivered to a respondent or a child pursuant to this section, the court, on application of the respondent or the child, may recess proceedings in the adjudicatory hearing for the time it determines to be reasonably required for the examination of the statement by the respondent or the child and the party's preparation for its use in the hearing.
Source:
SL 1991, ch 217, §69H.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-66 - Witness' testimony struck from record upon state's attorney's election not to deliver statement to respondent or child.

26-7A-66. Witness' testimony struck from record upon state's attorney's election not to deliver statement to respondent or child.
If the state's attorney elects not to comply with an order of the court under §§26-7A-64 and 26-7A-65 to deliver to the respondent or the child any statement or portion of a statement that the court directs, the court shall strike from the record the testimony of the witness and the hearing shall proceed unless the court in its discretion determines otherwise.
Source:
SL 1991, ch 217, §69I.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-67 - "Statement" defined.

26-7A-67."Statement" defined.
The term, "statement," as used in §§26-7A-64 to 26-7A-66, inclusive, in relation to any witness called by the state's attorney, means:
(1)A written statement made by the witness and signed or otherwise adopted or approved by the witness;
(2)A stenographic, mechanical, electrical, or other recording, or a transcription of a recording, which is a substantially verbatim recital of an oral statement made by the witness and recorded contemporaneously with the making of the oral statement; or
(3)A summary of an oral declaration made by someone other than the witness that has been reduced to writing.
Source:
SL 1991, ch 217, §69J.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-68 - State's attorney may inspect, copy, or photograph documents or objects in possession of respondent or child.

26-7A-68. State's attorney may inspect, copy, or photograph documents or objects in possession of respondent or child.
If a respondent or a child requests disclosure under §26-7A-60 and the state's attorney complies with the request, the respondent or the child, on the written request of the state's attorney, shall permit the state's attorney to inspect and copy or photograph books, papers, documents, photographs, tangible objects, or copies or portions of them which are in the possession, custody, or control of the respondent or the child and which the respondent or the child intends to introduce as evidence in chief at the hearing.
Source:
SL 1991, ch 217, §69K.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-69 - State's attorney's right to inspect, copy, or photograph physical or mental examination results and reports of scientific tests or experiments.

26-7A-69. State's attorney's right to inspect, copy, or photograph physical or mental examination results and reports of scientific tests or experiments.
If a respondent or a child requests disclosure under §26-7A-61 and the state's attorney complies with the request, the respondent or the child, on the written request of the state's attorney, shall permit the state's attorney to inspect and copy or photograph any results or reports of physical or mental examinations and of scientific tests or experiments made in connection with the particular case, or copies of them, which are in the possession or control of the respondent or the child and which the respondent or the child intends to introduce as evidence in chief at the hearing or which were prepared by a witness whom the respondent or the child intends to call at the hearing when the results or reports relate to testimony of the witness.
Source:
SL 1991, ch 217, §69L.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-70 - State's attorney prohibited from inspection of internal documents made by respondent or child or attorneys in connection with case.

26-7A-70. State's attorney prohibited from inspection of internal documents made by respondent or child or attorneys in connection with case.
Sections 26-7A-68 and 26-7A-69 authorize discovery or inspection of scientific or medical reports and do not authorize the discovery or inspection of reports, memoranda, or other internal case presentation documents made by the respondent or the child or their attorneys or agents in connection with the investigation or presentation of their case or of statements made by the respondent or the child, or by witnesses or prospective witness for the state or any respondent or child to any respondent or the child or their agents or attorneys.
Source:
SL 1991, ch 217, §69M.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-71 - Notice of additional evidence.

26-7A-71. Notice of additional evidence.
If, prior to or during the hearing, a party discovers additional evidence or material previously requested or ordered which is subject to discovery or inspection under §§26-7A-58 to 26-7A-70, inclusive, the party shall promptly notify the other parties or their attorneys or the court of the existence of the additional evidence or material.
Source:
SL 1991, ch 217, §69N.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-72 - Court order upon discovery motion.

26-7A-72. Court order upon discovery motion.
On a sufficient showing the court may at any time order that the discovery or inspection be denied, restricted, or deferred or may make an order as is appropriate. On the motion of a party, the court may permit the party to make the showing, in whole or in part, in the form of a written statement to be inspected by the judge alone. If the court enters an order granting relief following the ex parte showing, the entire text of the party's statement shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal.
Source:
SL 1991, ch 217, §69O.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-73 - Failure of party to comply with discovery provisions.

26-7A-73. Failure of party to comply with discovery provisions.
If, at any time during the course of a proceeding, it is brought to the attention of a court that a party has failed to comply with an applicable discovery provision of §§26-7A-58 to 26-7A-71, inclusive, the court may order the party to permit the discovery or inspection, grant a continuance or prohibit the party from introducing evidence not disclosed or the court may enter another order that the court considers just under the circumstances. The court may specify the time, place, and manner of making the discovery and inspection and may prescribe just terms and conditions.
Source:
SL 1991, ch 217, §69P.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-74 - Depositions--"Respondent" defined--"Child" defined.

26-7A-74. Depositions--"Respondent" defined--"Child" defined.
Sections 26-7A-75 to 26-7A-81, inclusive, relate to depositions 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 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, §70.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-75 - Depositions only as provided by statute or rule--Motion by party due to exceptional circumstances.

26-7A-75. Depositions only as provided by statute or rule--Motion by party due to exceptional circumstances.
Depositions may not be ordered for discovery or any other purpose except as specifically provided by statute or rule. If due to exceptional circumstances it is in the interests of justice that the testimony of a prospective witness of a party be taken and preserved for use at the hearing, the court may upon motion of the party and notice to the parties order that the testimony of the witness be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place.
Source:
SL 1991, ch 217, §70A.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-76 - Notice of deposition--Right of child or respondent to be present--Waiver.

26-7A-76. Notice of deposition--Right of child or respondent to be present--Waiver.
The party at whose instance a deposition is to be taken in the state shall give to every party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined. Any respondent or child has the right to be present at the examination upon request subject to terms fixed by the court, but the failure of any respondent or child, without good cause shown, to appear after notice is a waiver of that right and of any objection to the taking and use of the deposition based upon that right.
Source:
SL 1991, ch 217, §70B.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-77 - Manner of taking and filing deposition--Examination and cross examination.

26-7A-77. Manner of taking and filing deposition--Examination and cross examination.
Subject to any additional conditions set by the court, a deposition shall be taken and filed in the manner provided in civil actions except as otherwise provided in §§26-7A-75 to 26-7A-81, inclusive. The scope and manner of examination and cross-examination shall be the same as would be allowed in the hearing itself. The state's attorney shall make any statement of the witness being deposed which is in the possession of the state's attorney or to which the respondents or the child would be entitled at the hearing available to the respondents and the child or their respective attorneys for examination and use at the taking of a deposition.
Source:
SL 1991, ch 217, §70C.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-78 - Deposition enclosed, sealed, and endorsed--Transmitted to county clerk.

26-7A-78. Deposition enclosed, sealed, and endorsed--Transmitted to county clerk.
A deposition taken pursuant to this section shall be enclosed, sealed, and endorsed with the title of the action and the name of the officer taking the deposition. The officer taking the deposition shall address and transmit the deposition to the clerk of courts of the county where the action is being conducted. The deposition shall remain under seal until it is opened by the clerk of courts pursuant to the order of the court, the request of any party to the action or attorney for the party, or the request of the state's attorney.
Source:
SL 1991, ch 217, §70D.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-79 - Use of depositions.

26-7A-79. Use of depositions.
At any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if it appears:
(1)That the deponent is dead;
(2)That the deponent is out of the state, unless it appears that the absence of the deponent was procured by the party offering the deposition;
(3)That the deponent is unable to attend or testify because of illness or infirmity;
(4)That the deponent is confined in jail or prison outside the state; or
(5)That such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used, and the offering party has made application and given notice.
If a deposition has been taken, it may be read in any phase of the same action and on any hearing of the action. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. If only a part of a deposition is offered in evidence by a party, an adverse party may require the offering party to offer all of the deposition that is relevant to the part offered and any party may offer other parts.
Source:
SL 1991, ch 217, §70E.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-80 - Objections to deposition testimony or evidence--Basis.

26-7A-80. Objections to deposition testimony or evidence--Basis.
Objections to deposition testimony or evidence or a part of it and the grounds for the objections shall be stated at the time of the taking of the deposition. Objections to receiving in evidence a deposition or a part of a deposition may be made on the basis that the conditions of §26-7A-79 are no longer applicable.
Source:
SL 1991, ch 217, §70F.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-81 - Deposition by agreement of parties not precluded.

26-7A-81. Deposition by agreement of parties not precluded.
Nothing in §§26-7A-75 to 26-7A-80, inclusive, precludes the taking, either orally or through written questions, of a deposition for use at a hearing or the use of a deposition by agreement of the parties with the consent of the court.
Source:
SL 1991, ch 217, §70G.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-82 - Adjudicatory hearing following advisory hearing--Support of evidence.

26-7A-82. Adjudicatory hearing following advisory hearing--Support of evidence.
Following an advisory hearing on a petition, the court shall conduct an adjudicatory hearing. The court shall consider whether the allegations of the petition are supported by clear and convincing evidence concerning an alleged abused or neglected child or whether the allegations of the petition are supported by evidence beyond a reasonable doubt concerning an alleged child in need of supervision or an alleged delinquent child. In cases concerning abused or neglected children, evidence that child abuse has occurred is prima facie evidence that the child is an abused or neglected child regardless of allegations contained in the petition, and such evidence is sufficient to support an adjudication of the child as an abused or neglected child.
Source:
SL 1991, ch 217, §71B.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-83 - Evidence considered at adjudicatory hearing--Appearance of party preparing reports and materials used as evidence.

26-7A-83. Evidence considered at adjudicatory hearing--Appearance of party preparing reports and materials used as evidence.
Written reports and other material and information relating to the child's mental, physical, and social history may be received and considered by the court at the adjudicatory hearing together with other evidence relating to the allegations of the petition or circumstances then affecting the child. If requested by the child or the child's parents, guardian, custodian, or other interested party appearing as respondent in the action, the court shall require the party who prepared the reports or material to appear as a witness and be subject to both direct and cross-examination. In the absence of a request regarding the appearance of the party preparing the reports or material, the court may order the party who prepared the report or material to appear and testify if the court finds that interests of the child or the child's parent, guardian, or custodian or any other respondent to the proceedings so require.
Source:
SL 1991, ch 217, §71C.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-84 - Order to amend petition.

26-7A-84. Order to amend petition.
The court, on the motion of the state, the child, or any respondent or on the court's own motion, may order the petition to be amended to conform to the evidence. If amendment of the petition results in a substantial departure from the original allegations contained in the petition, the court shall continue the adjudicatory hearing on the motion of any interested party. The court may grant a continuance on the court's own motion if the court finds it to be in the best interests of the child or any other party to the proceeding.
Source:
SL 1991, ch 217, §71D.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-85 - Child with mental illness or intellectual disability--Suspension of hearing--Examination.

26-7A-85. Child with mental illness or intellectual disability--Suspension of hearing--Examination.
If it appears from the evidence presented at the adjudicatory hearing that the child may be mentally ill or have an intellectual disability, as the terms are defined in Title 27A or Title 27B, the court may suspend the adjudicatory hearing and may:
(1)Order that the child be examined by a qualified mental health professional. The court may place the child in a hospital or other suitable facility for the purposes of the examination; or
(2)Recommend to the state that the proceedings be conducted as provided in applicable chapters of Title 27A or Title 27B.
Even if the court exercises some of the authority in this section, the court may proceed with the adjudicatory hearing and dispositional hearing.
Source:
SDC 1939, §43.0327 as added by SL 1968, ch 164, §16; SL 1991, ch 217, §75B; SDCL §26-8-22.8; SL 2013, ch 125, §5.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-86 - Final order when allegations not supported by evidence--Additional findings and conclusions for abused or neglected child--Appeal.

26-7A-86. Final order when allegations not supported by evidence--Additional findings and conclusions for abused or neglected child--Appeal.
If the court finds the allegations of the petition or amended petition are not supported by clear and convincing evidence in cases concerning an alleged abused or neglected child or are not supported by evidence beyond a reasonable doubt in cases concerning an alleged child in need of supervision or an alleged delinquent child, the court shall enter a final order accordingly and the action shall be terminated. In the case of an alleged abused or neglected child, the court shall enter findings and conclusions in addition to the final order. On termination of the action, the child, the child's parents, guardian, or custodian and other parties respondent shall be released from any restriction or temporary order previously issued by the court and from the jurisdiction of the court. The final order terminating the action is an appealable order of the court by the state or by any alleged abused or neglected child or any party respondent not in agreement with the nonadjudication of the alleged abused or neglected child and resulting termination of the action.
Source:
SDC 1939, §43.0327 as added by SL 1968, ch 164, §16; SL 1971, ch 166, §4; SL 1991, ch 217, §76B; SDCL, §26-8-22.9; SL 1992, ch 183, §3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-87 - Adjudication subject to intermediate appeal--Dispositional proceedings--Interim dispositional decree.

26-7A-87. Adjudication subject to intermediate appeal--Dispositional proceedings--Interim dispositional decree.
If the court finds the allegations of the petition are supported by clear and convincing evidence in cases concerning an alleged abused or neglected child or are supported by evidence beyond a reasonable doubt in cases concerning an alleged child in need of supervision or an alleged delinquent child, the court shall adjudicate the child accordingly and shall issue findings of fact, conclusions of law and an order of adjudication stating the child to be an abused or neglected child as defined in chapter 26-8A, a child in need of supervision as defined in chapter 26-8B, or a delinquent child as defined in chapter 26-8C. Written findings of fact and conclusions of law are only required in delinquency or child in need of supervision adjudicatory proceedings if there is a contested evidentiary hearing or if the disposition is a commitment to the Department of Corrections. The order of adjudication is an intermediate order and is subject to intermediate appeal with the permission of the court according to the rules of procedure governing civil appeals.
The court shall proceed with the dispositional phase of the proceedings and shall issue an order setting the time, date, and place of the initial dispositional hearing and prescribing notice of the hearing. However, the court may proceed immediately with the initial dispositional hearing with the consent of the state, the child and the child's parents, guardian, or custodian or other parties who are respondents in the action.
On completion of the adjudicatory hearing resulting in adjudication of the child, the court may issue an interim dispositional decree governing custody, placement, care, shelter, or detention of the child as determined by the court pending the initial dispositional hearing and any continuance of it.
Source:
SDC 1939, §43.0327 as added by SL 1968, ch 164, §16; SL 1971, ch 166, §5; SL 1983, ch 210; SL 1991, ch 217, §77B; SDCL, §26-8-22.10; SL 2021, ch 117, § 1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-88 - Examination, investigation, and reports of adjudicated child before final disposition.

26-7A-88. Examination, investigation, and reports of adjudicated child before final disposition.
After adjudication of a child as an abused or neglected child, a child in need of supervision or a delinquent child and before final disposition of the case, the court may require the following examinations and investigations and reports of them:
(1)The court may order the child's parents, guardian, custodian, any other party respondent, or any relative of the child who might be considered as a potential caretaker of the child on disposition to submit to psychological, psychiatric or medical examination and evaluation by a qualified mental health professional or physician and submit the report to the court. The order may be issued by the court on the motion of the state, the child, any interested party, or on the court's own motion. The order directing the examination and evaluation shall state the time, place, manner, conditions, and scope of the examination and evaluation to be made and the person or persons by whom it is to be made; and
(2)The court may order homestudy investigations and reports of the investigations submitted to the court concerning the child's parents, guardian, custodian, any other party respondent, or relative of the child who might be a potential caretaker of the child on disposition. The order for a homestudy investigation and a report of the investigation shall generally state the conditions and scope of the investigation considered necessary or appropriate by the court under the circumstances.
Reports received by the court pursuant to this section may be released by the court to attorneys of record for the parties and may be received by the court as evidence in the dispositional phase of the proceeding.
Source:
SL 1991, ch 217, §78.