reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-26.1 - Additional reasons for termination of parental rights.

26-8A-26.1. Additional reasons for termination of parental rights.
In addition to the provisions of §26-8A-26, the court may find that good cause exists for termination of parental rights of a parent who:
(1)Committed a crime defined in §22-16-4, 22-16-7, 22-16-15, 22-16-20, 22-22-1, 22-22-24.3, 22-22A-2, 22-22A-3, 26-10-1, or subdivision 22-19-1(5), or committed conduct described by any of those statutes that violated the law or ordinance of another jurisdiction having elements similar to an offense described by any of those statutes;
(2)Aided or abetted, attempted, conspired, or solicited to commit a crime defined in §22-16-4, 22-16-7, 22-16-15, or 22-16-20 or the law or ordinance of another jurisdiction having elements similar to an offense described by any of those statutes;
(3)Committed a crime defined in §22-18-1.1, 22-22-7, or subdivision 22-23-2(2) against the child or another child of such parent, or committed conduct described by those sections that violated the law or ordinance of another jurisdiction having elements similar to the offense described by those sections;
(4)Has been determined by a court by clear and convincing evidence to have subjected the child or another child to torture, sexual abuse, abandonment for at least six months, chronic physical, mental, or emotional injury, or chronic neglect if the neglect was a serious threat to the safety of the child or another child;
(5)Is incarcerated and is unavailable to care for the child during a significant period of the child's minority, considering the child's age and the child's need for care by an adult;
(6)Has had parental rights to another child involuntarily terminated by a prior legal proceeding;
(7)Has a documented history of abuse and neglect associated with chronic alcohol or drug abuse;
(8)Has exposed the child to or demonstrated an inability to protect the child from substantial harm or the risk of substantial harm, and the child or another child has been removed from the parent's custody because the removed child was adjudicated abused and neglected by a court on at least one previous occasion;
(9)Has exposed the child to or demonstrated an inability to protect the child from substantial harm or the risk of substantial harm, the child has been removed from the parent's custody on two separate occasions, and the Department of Social Services offered or provided family services on each of the two separate occasions the child was removed;
(10)Has exposed the child to or demonstrated an inability to protect the child from substantial harm or risk of harm resulting from a crime, act, or omission as specified in subdivision (1), (2), or (3) of this section; or
(11)Is required to register as a sex offender pursuant to chapter 22-24B.
Source:
SL 1998, ch 161, §4; SL 1999, ch 136, §2; SL 2001, ch 141, §2; SL 2007, ch 167, §2; SL 2012, ch 147, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-27 - Final decree terminating parental rights of one or both parents--Child support arrearages--Custody of child.

26-8A-27. Final decree terminating parental rights of one or both parents--Child support arrearages--Custody of child.
On completion of a final dispositional hearing regarding a child adjudicated to be abused or neglected, the court may enter a final decree of disposition terminating all parental rights of one or both parents of the child if the court finds, by clear and convincing evidence, that the least restrictive alternative available commensurate with the best interests of the child with due regard for the rights of the parents, the public and the state so requires. The court may enter a decree terminating parental rights if the court finds, by clear and convincing evidence, that the parents have abandoned the child for at least six months and during this period the parents have not manifested to the child or to the physical custodian or caretaker of the child a firm intention to resume physical custody of the child and to make suitable arrangements for the care of the child. If the court decides to terminate parental rights, any existing child support arrearages shall be addressed by the court in the order terminating those parental rights.
Upon the entry of the final decree of disposition terminating the parental rights of both parents or of the surviving parent, the court shall vest the Department of Social Services with the custody and guardianship of the person of the child for the purpose of placing the child for adoption and authorizing appropriate personnel of the department to consent to adoption of the child without need for any notice or consent of any parent of the child. The final decree terminating parental rights is final and unconditional. The natural parents retain no post-termination rights or privileges including post-termination visitation except for any final visitation allowed by the department.
Upon the entry of a final decree of disposition terminating the parental rights of one parent, the court may leave the child in the custody of the remaining parent and end the proceedings.
Source:
SDC 1939, §43.0310; SL 1968, ch 164, §8; SL 1991, ch 217, §136B; SDCL §26-8-36; SL 1997, ch 161, §1; SL 2013, ch 119, §21.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-28 - Notice of order or final decree--Service--Appeal.

26-8A-28. Notice of order or final decree--Service--Appeal.
Notice of entry of order of adjudication or final decree of disposition issued by the court in any action involving an abused or neglected child shall be served on the child's attorney and the child's guardian ad litem or special advocate, if any, and on all respondent parents and other respondent parties in any manner authorized by the rules of civil procedure. The notice of entry may be served by publication in the same manner as service of the summons in the action as provided in §26-7A-48. If the notice of entry is served by publication, the service is completed five days after the date of publication. The time for appeal commences on the day following the date of completed service of the notice of entry regardless of the manner in which the notice of entry is served.
Source:
SL 1991, ch 217, §138; SL 2002, ch 131, §1; SL 2003, ch 150, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-29 - Continuing jurisdiction over abused or neglected child.

26-8A-29. Continuing jurisdiction over abused or neglected child.
In any action involving the termination of parental rights of both parents or any surviving parent, the court has continuing jurisdiction of the action and of the abused or neglected child for purposes of review of status of the child until the adoption of the child is fully completed. The Department of Social Services or any other party having custody and guardianship of the child pending adoption may petition the court to review the status of the child at any time before the adoption of the child is completed. The court may issue any orders or decrees necessary to protect the child, to preserve the child's welfare and to facilitate adoption of the child by the court or another court of competent jurisdiction without delay. The continuing jurisdiction of the court according to this section does not prevent the acquisition of jurisdiction of the child by another court for adoption proceedings according to law.
Source:
SL 1991, ch 217, §139.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-29.1 - Request for hearing by relative denied adoptive placement--Time limits--Intervention.

26-8A-29.1. Request for hearing by relative denied adoptive placement--Time limits--Intervention.
Except under circumstances where placement was with another relative of the child, any relative who has been denied adoptive placement by the Department of Social Services may request a hearing to determine if the placement was an abuse of discretion. The request shall be filed with the circuit court having jurisdiction pursuant to §26-8A-29 and shall be filed within thirty days of written notification from the department by regular mail to the relative's last known address. The hearing shall be held within thirty days of the filing of the request for hearing and may be continued for not more than thirty days upon good cause shown. The relative shall be granted limited intervention only for the purpose of the placement review hearing.
No intervention may be allowed in a proceeding involving an apparent, alleged, or adjudicated abused or neglected child, including an adoption or guardianship proceeding for a child placed in the custody of the Department of Social Services pursuant to §26-8A-27, except as provided by this chapter and under the Indian Child Welfare Act, (25 U.S.C. §§1901 to 1963, inclusive), as amended to January 1, 2019.
Source:
SL 2005, ch 140, §3; SL 2019, ch 127, §6.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-30 - Testimony of child by closed circuit television--Hearing to determine necessity.

26-8A-30. Testimony of child by closed circuit television--Hearing to determine necessity.
In any proceeding in which a child under the age of sixteen is describing any act of sexual contact or rape performed with or on the child by another, any act of physical abuse or neglect of the child by another, any act of physical abuse or neglect of another child, any act of human trafficking of the child by another, or any act constituting a crime of violence as defined in §22-1-2 committed against the child or another child, the court or any party may move to allow that the testimony of the child be taken in a room other than the courtroom and televised at the same time to the courtroom by closed circuit television equipment. Prior to allowing the child to testify under this section, the court shall hold a hearing outside the presence of the jury and make a finding on the record that testimony by the child in the courtroom will cause the child to suffer more than de minimis emotional distress and that testifying under the provisions of this section is necessary to protect the welfare of the child.
Source: SL 1993, ch 205, §1; SL 2022, ch 84, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-31 - Persons allowed to be present during closed circuit television testimony--Display of defendant's image in room where child testifies--Recesses for defendant consultation--Court communication--Child testimony outside jury presence.

26-8A-31. Persons allowed to be present during closed circuit television testimony--Display of defendant's image in room where child testifies--Recesses for defendant consultation--Court communication--Child testimony outside jury presence.
At the taking of testimony pursuant to §26-8A-30, the public must be excluded from the room in which the child is testifying. The court shall determine those persons permitted to be physically present. The court, in its discretion, may permit in the room a person whose presence would contribute to the well-being of the child or the reduction of apprehension of the child during the testimony. Attorneys for the parties may not be excluded.
If the court makes a specific finding, outside the presence of the jury, that the presence of the defendant, or in a civil case, the presence of the respondent, in the same room as the child, will cause substantial emotional distress to the child and that such distress would impair the ability of the child to communicate, upon such finding the court may exclude the defendant from the room in which the child is testifying. However, if the defendant is excluded, the testimony of the child shall be by two-way, closed-circuit television such that the testimony of the child is televised in the courtroom and simultaneously thereto, a monitor in the room in which the child is testifying displays a view of the courtroom which view shall include the defendant. The right to have the defendant's image televised in the room in which the child is testifying is a right of the defendant which the defendant may waive. If the defendant is excluded from the room in which the child is testifying, the court must provide for instantaneous communication between the defendant and defense counsel and grant reasonable court recesses during the testimony for consultation between the defendant and defense counsel. The court may communicate by audio system with attorneys outside of the courtroom.
If, on the motion of the prosecuting attorney and outside the presence of the jury, the court makes a specific finding that the child will suffer substantial emotional distress that will impair the ability of the child to communicate due to the presence of the jury, the court may exclude the jury from the room in which the child is testifying. The testimony of the child must be televised at the same time to the courtroom by closed circuit television equipment.
Source: SL 1993, ch 205, §2; SL 2023, ch 85, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-31.1 - Rights of child witness.

26-8A-31.1. Rights of child witness.
In any proceeding in which a child under the age of sixteen is describing any act of sexual contact or rape performed with or on the child by another, any act of physical abuse or neglect of the child by another, any act of physical abuse or neglect of another child, any act of human trafficking of the child by another, or any act constituting a crime of violence as defined in §22-1-2 committed against the child or another child, the court may, on its own motion or by motion of an attorney in the proceeding, provide any of the following accommodations to the child:
(1)To be addressed, asked questions, and read the oath or affirmation to testify truthfully in an age-appropriate manner;
(2)To be free of nuisance or harassing tactics in the proceeding;
(3)To have a person who would contribute to the well-being of the child present, clearly visible, and in close proximity, if the person is not a witness in the proceeding;
(4)To have sufficient breaks in the proceedings to allow for the comfort of the child; or
(5)To have a certified therapeutic dog as defined in §23A-24-10, an item used to provide psychological comfort, or both, present in the room with the child.
Source: SL 2023, ch 85, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-32 - Due regard to be afforded Indian Child Welfare Act.

26-8A-32.Due regard to be afforded Indian Child Welfare Act.
Due regard shall be afforded to the Indian Child Welfare Act (25 U.S. C. §§1901-1963), if that Act is applicable.
Source:
SL 2004, ch 2, §10, eff. Mar. 3, 2004; SL 2019, ch 127, §7.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-33 - Proceeding involving child covered by Indian Child Welfare Act.

26-8A-33.Proceeding involving child covered by Indian Child Welfare Act.
In any abuse or neglect proceeding involving a child covered by the Indian Child Welfare Act (25 U.S. C. §§1901-1963), as amended to January1, 2005, the tribe may appear by counsel or by a representative of the tribe designated by the tribe to intervene on behalf of the tribe. When the tribe appears as a party by a representative of the tribe, the name of the representative and a statement of authorization for that individual or agency to appear as the tribe must be submitted to the court in the form of a tribal resolution or other document evidencing an official act of the tribe.
Source:
SL 2005, ch 296 (Supreme Court Rule 05-10), effective Feb. 25, 2005.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-34 - Alcohol or drug testing as condition of child placement or return.

26-8A-34. Alcohol or drug testing as condition of child placement or return.
If the court finds the apparent, alleged, or adjudicated abuse or neglect of a child was related to the use of alcohol, marijuana, or any controlled drug or substance, the placement or return of the child may be subject to the condition, if the court so orders, that a parent, guardian, custodian, or any other adult residing in the home submit to tests for alcohol, marijuana, or any controlled drug or substance prior to or during the placement or return of the child. If a parent, guardian, custodian, or any other adult, who resides in the home and has been ordered by the court to submit to testing for alcohol, marijuana, or any controlled drug or substance, tests positive for alcohol, marijuana, or any controlled drug or substance, or fails to submit to the test as required, the Department of Social Services may immediately remove the child from the physical custody of the parent, guardian, or custodian, without prior court order, subject to a review hearing, which may be telephonic, within forty-eight hours excluding Saturdays, Sundays, and court holidays. As used in this section, any controlled drug or substance means a controlled drug or substance which was not lawfully prescribed by a practitioner as authorized by chapters 22-42 and 34-20B.
Source:
SL 2008, ch 6, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-35 - Toxicology test of newborn infant for exposure to controlled substance--Report of positive result.

26-8A-35. Toxicology test of newborn infant for exposure to controlled substance--Report of positive result.
If a health care practitioner has reason to believe based on a medical assessment of a mother or a newborn infant that the mother used a controlled substance for a nonmedical purpose during the pregnancy, the health care practitioner may administer, with or without the consent of the newborn infant's parent or guardian, a toxicology test to the newborn infant under the health care practitioner's care to determine whether there is evidence of prenatal exposure to a controlled substance. If the test results are positive, the health care practitioner shall report the results pursuant to §26-8A-8.
Source:
SL 2018, ch 167, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-36 - Immunity from liability for administering or not administering toxicology test.

26-8A-36. Immunity from liability for administering or not administering toxicology test.
A health care practitioner or any other medical personnel administering a toxicology test to determine the presence of a controlled substance in a newborn infant at birth or during the first twenty-eight days after birth and the employer of the person administering the test are immune from civil or criminal liability arising from administration of the test if the health care practitioner ordering the test believes in good faith that the test is permitted under this section and if the test is administered in accordance with an established protocol and reasonable medical practice.
If a health care practitioner or any other medical personnel determines in good faith not to administer a toxicology test under this section, the person making the determination and the person's employer are immune from civil or criminal liability arising from not administering the test.
Source:
SL 2018, ch 167, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-37 - Health care practitioner defined.

26-8A-37. Health care practitioner defined.
For purposes of §§26-8A-35 and 26-8A-36, a health care practitioner is a person licensed, accredited, or certified to perform specified health services consistent with state law.
Source:
SL 2018, ch 167, §3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08B - Children In Need Of Supervision › Section 26-8B-1 - Purpose of chapter.

26-8B-1. Purpose of chapter.
It is the purpose of this chapter, in conjunction with chapter 26-7A, to establish an effective state and local system for children in need of supervision, including a focus on community-based rehabilitation.
Source:
SL 1991, ch 217, §140; SL 2015, ch 152, §28.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08B - Children In Need Of Supervision › Section 26-8B-2 - Child in need of supervision defined.

26-8B-2. Child in need of supervision defined.
For purposes of this chapter, a child in need of supervision is a child:
(1)Of compulsory school age who is habitually absent from school without legal excuse;
(2)Who has run away from home or is otherwise beyond the control of the child's parent, guardian, or custodian;
(3)Whose behavior or condition endangers the child's own welfare or the welfare of others;
(4)Who has violated any federal or state law or regulation or local ordinance for which there is not a penalty of a criminal nature for an adult, other than a violation of subdivision 34-46-2(2) or a petty offense;
(5)Who has violated §32-23-21 or 35-9-2; or
(6)Who engages in prostitution by offering to engage in sexual activity for a fee or other compensation.
Source:
SDC 1939, §43.0301 (5) as enacted by SL 1968, ch 164, §1; SL 1991, ch 217, §141B; SDCL §26-8-7.1; SL 1994, ch 219, §2; SL 1996, ch 179, §1; SL 1998, ch 215, §3; SL 2003, ch 149, §4; SL 2004, ch 218, §2; SL 2019, ch 109, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08B - Children In Need Of Supervision › Section 26-8B-4 - Community response team recommendation--Plan of disposition.

26-8B-4. Community response team recommendation--Plan of disposition.
If a community response team as defined in §26-8D-1 has been established, following any advisory or initial hearing, the court may seek recommendations for community-based interventions and rehabilitative resources from the team. Following adjudication of a child in need of supervision and prior to any disposition to the Department of Corrections, the court may seek a recommendation for a viable community alternative disposition from the team. If the team is unable to provide any recommendation within seven days of the referral, the court may exercise its discretion and make a disposition decision without the input of the team, pursuant to §26-8B-6. In all cases, the court may adopt the recommendation of the team in part, in full, or reject the recommendation of the team in its entirety.
Following adjudication of a child as a child in need of supervision, the court may continue the case and may require a court services officer to present to the court a plan of disposition.
Source: SL 1974, ch 179, §3; SL 1977, ch 208, §1; SL 1991, ch 217, §144B; SDCL §26-8-40.3; SL 2015, ch 152, §17, eff. Jan. 1, 2016; SL 2023, ch 87, §3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08B - Children In Need Of Supervision › Section 26-8B-5 - Medical or mental health care for child.

26-8B-5. Medical or mental health care for child.
Following adjudication of a child as a child in need of supervision, the court may order the child to be examined or treated by a physician or qualified mental health professional or to receive other special care and may place the child in a hospital or other suitable facility for such purposes.
Source:
SL 1974, ch 179, §7; SL 1991, ch 217, §145B; SDCL, §26-8-40.4.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08B - Children In Need Of Supervision › Section 26-8B-7 - Limit of temporary custody.

26-8B-7. Limit of temporary custody.
An alleged or adjudicated child in need of supervision may not be held in temporary custody for more than ninety days beginning with the date the child is first taken into custody unless at the ninetieth day the child is in the process of receiving treatment or care which has a specified duration. In that case the temporary custody may be extended to the end of the treatment or care.
Source:
SL 1991, ch 217, §147C.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08B - Children In Need Of Supervision › Section 26-8B-8 - Terms and conditions of probation--Duration--Written statement and explanation required--Review--Release--Modification.

26-8B-8. Terms and conditions of probation--Duration--Written statement and explanation required--Review--Release--Modification.
The terms and conditions of probation of a child in need of supervision shall be specified by rules or orders of the court and by a court services officer.
The duration of juvenile probation shall be specified by order of the court but may not exceed six months unless:
(1)The child is placed in the intensive juvenile probation program; or
(2)The child's probation is extended as provided under this section.
If the child is placed on intensive juvenile probation, the duration of probation ordered by the court may be up to twelve months.
If the child is placed on juvenile probation, a court services officer may request two extensions up to six months each or one extension up to six months for intensive juvenile probation. The court may authorize the same in accordance with Unified Judicial System procedure if the extension is necessary for the child to complete evidence-based treatment as required by the case plan. If evidence-based treatment is not available, an extension may be granted if the youth is engaged in alternative court-approved treatment that will not be completed before the previously ordered term of probation expires.
The total duration of probation, including juvenile intensive probation and extensions in all cases, may not exceed eighteen months unless the court provides written authorization to allow a child to complete evidence-based treatment that will not be completed before probation expires. Probation may not be extended solely to collect restitution. If probation is terminated with restitution owing, Unified Judicial System procedure may govern the collection.
Each child placed on probation shall be given a written statement of the terms and conditions of probation and the probation policy. The terms and conditions, as well as the probation extension policy, shall be explained to the child.
The court shall review the terms and conditions of probation and the progress of each child placed on probation at least once every six months. The court may release a child from probation or modify the terms and conditions of the child's probation at any time, but any child who has complied satisfactorily with the terms, conditions, and duration of probation shall be released from probation and the jurisdiction of the court terminated. If the duration of probation previously prescribed has expired, the court shall release the child from probation and terminate jurisdiction.
Source:
DC 1939, §43.0328 as added by SL 1968, ch 164, §17; SL 1991, ch 217, §150B; SDCL §26-8-60; SL 2015, ch 152, §30, eff. Jan. 1, 2016; SL 2017, ch 118, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08B - Children In Need Of Supervision › Section 26-8B-9 - Provisions for violation of terms and conditions.

26-8B-9. Provisions for violation of terms and conditions.
The following provisions apply if the child is alleged to have violated the terms and conditions of probation and a formal petition is filed with the court:
(1)The court shall set a hearing on the alleged violation and shall give five days' notice to the child, to the child's parents, guardian, or custodian, and to any other parties to the proceedings;
(2)The child and the child's parents, guardian, or custodian shall be given a written statement concerning the alleged violation;
(3)The child may be represented by legal counsel at the probation violation hearing and the child is entitled to the issuance of compulsory process for the attendance of witnesses;
(4)If the court finds by a preponderance of the evidence that the child violated the terms and conditions of probation, the court may modify the terms and conditions of probation, revoke probation, or take other action as permitted by this chapter or chapter 26-7A, according to the least restrictive alternative which is in the best interests of the child and the public, except commitment to the Department of Corrections. The court may only commit a child to the Department of Corrections if the court finds that the violation committed constitutes a new law violation and finds that the aggravated circumstances provided in subdivision 26-8B-6(10) exist;
(5)For the purposes of this section, a new law violation is defined as delinquent behavior pursuant to §26-8C-2, a Class 1 misdemeanor violation of title 32, or a violation of §32-23-21; and
(6)If the court finds that the child did not violate the terms and conditions of probation as alleged, the court shall dismiss the proceedings and continue the child on probation under the terms, conditions, and duration previously prescribed. If the duration of probation previously prescribed has expired, the court shall release the child from probation and terminate jurisdiction.
Source:
SL 1991, ch 217, §150C; SL 2015, ch 152, §31, eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08C - Delinquent Children › Section 26-8C-1 - Purpose of chapter.

26-8C-1. Purpose of chapter.
It is the purpose of this chapter, in conjunction with chapter 26-7A, to establish an effective state and local system for delinquent children including a focus on community-based rehabilitation.
Source:
SL 1991, ch 217, §151; SL 2015, ch 152, §19.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08C - Delinquent Children › Section 26-8C-2 - "Delinquent child" defined.

26-8C-2."Delinquent child" defined.
In this chapter and chapter 26-7A, the term, delinquent child, means any child ten years of age or older who, regardless of where the violation occurred, has violated any federal, state, or local law or regulation for which there is a penalty of a criminal nature for an adult, except state or municipal hunting, fishing, boating, park, or traffic laws that are classified as misdemeanors, or petty offenses or any violation of §35-9-2 or 32-23-21.
Source:
SDC 1939, §43.0301 (8) as enacted by SL 1968, ch 164, §1; SL 1973, ch 169, §1; SL 1974, ch 153, §45; SL 1976, ch 158, §43-5; SL 1981, ch 201; SL 1991, ch 217, §152B; SDCL, §26-8-7; SL 1994, ch 219, §1; SL 1996, ch 179, §2; SL 2000, ch 124, §1; SL 2003, ch 149, §7; SL 2004, ch 218, §3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08C - Delinquent Children › Section 26-8C-3 - Release--Placement in shelter--Circumstances warranting detention.

26-8C-3. Release--Placement in shelter--Circumstances warranting detention.
An apparent or alleged delinquent child taken into temporary custody by a law enforcement officer prior to a temporary custody hearing shall be released to the child's parents, guardian, or custodian unless the parents, guardian, or custodian cannot be located or in the judgment of the intake officer are not suitable to receive the child, in which case the child shall be placed in shelter. A child may not be placed in detention unless the intake officer finds that the parents, guardian, or custodian are not available or are not suitable to receive the child, and finds at least one of the following circumstances exists:
(1)The child is a fugitive from another jurisdiction;
(2)The child is charged with a violation of §22-22-7, a crime of violence under subdivision 22-1-2(9) or a serious property crime, which, if committed by an adult, would be a felony;
(3)The child is already held in detention or on conditional release in connection with another delinquency proceeding;
(4)The child has a demonstrable recent record of willful failures to appear for juvenile court proceedings;
(5)The child has a demonstrable recent record of violent conduct;
(6)The child has a demonstrable recent record of adjudications for serious property offenses;
(7)The child is under the influence of alcohol, inhalants, or a controlled drug or substance and detention is the least restrictive alternative in view of the gravity of the alleged offense and is necessary for the physical safety of the child, the public, and others; or
(8)The child has failed to comply with court services or a court ordered program.
The shelter or detention authorized shall be the least restrictive alternative available.
Source:
SL 1989, ch 228, §3; SL 1991, ch 217, §153B; SDCL Supp, §26-8-23.3; SL 1992, ch 183, §2; SL 1994, ch 220; SL 1995, ch 148, §5; SL 1996, ch 172, §20.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08C - Delinquent Children › Section 26-8C-3.1 - Risk assessment instrument for statewide use.

26-8C-3.1. Risk assessment instrument for statewide use.
(a) Generally, juveniles should only be held in secure detention when less restrictive placement alternatives are not appropriate. The standardized South Dakota JDAI Risk Assessment Instrument (RAI) is an objective tool used to assess a variety of risk factors relative to the likelihood that a juvenile will appear in court or re-offend on a delinquent act prior to his/her court appearance. The RAI is based upon best practice standards that have been tested and implemented in other JDAI jurisdictions across the nation. The overall risk score is a guide in making the initial decision whether to detain in secure detention, utilize an alternative to secure detention, or release with or without conditions pending hearing.
(b) As per the authority designated in subdivision 26-7A-1(20), the presiding judge in each circuit shall appoint juvenile detention staff or juvenile reception and intake center staff to serve as intake officers.
(c) The State Court Administrator's Office shall provide statewide training on use of the RAI. After the completion of RAI training, all appointed Intake Officers shall complete the RAI on all detention intakes to distinguish between juveniles who are likely to abscond or commit new crimes and those who are not.
(d) The State Court Administrator's Office shall compile the following data to be collected by any court appointed intake officer: The number of juveniles detained and released shall be reported along with each juvenile's gender, race, ethnicity, age and offense as well as all assessment information including staff decision, overrides and program information.
Source:
SL 2015, ch 276 (Supreme Court Rule 15-14), eff. July 1, 2015.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08C - Delinquent Children › Section 26-8C-4 - Suspension of adjudication of delinquency--Probation--Revocation of suspension.

26-8C-4. Suspension of adjudication of delinquency--Probation--Revocation of suspension.
If the court is satisfied that the best interests of the public, justice, and child will be served, the court may, without entering an adjudication of delinquency, with consent of the child, suspend imposition of adjudication of delinquency and place the child on probation under the terms, conditions, and duration required by the court. A court may revoke the suspension at any time during the probationary period and impose an adjudication of delinquency without diminishment or credit for any of the probationary period.
Source:
SL 1981, ch 204; SL 1982, ch 28, §11; SL 1991, ch 217, §155B; SDCL, §26-8-39.3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08C - Delinquent Children › Section 26-8C-5 - Community response team recommendation--Plan of disposition.

26-8C-5. Community response team recommendation--Plan of disposition.
Where a community response team as defined in §26-8D-1 has been established, following any advisory or initial hearing, the court may seek recommendations for community-based interventions and rehabilitative resources from the team. Following adjudication of a child as a delinquent child and prior to any disposition to the Department of Corrections, the court may seek a recommendation for a viable community alternative disposition from the team. If the team is unable to provide any recommendation within seven days of the referral, the disposing court may exercise its discretion and make a disposition decision without the input of the team, pursuant to §26-8C-7. In each case, the court may adopt the recommendation of the team in part, in full, or reject the recommendation of the team in its entirety.
Following adjudication of a child as a delinquent child, the court may continue the case and may require a court services officer to present to the court a plan of disposition.
Source: SL 1974, ch 179, §3; SL 1977, ch 208, §1; SL 1991, ch 217, §156B; SDCL §26-8-40.3; SL 2015, ch 152, §16, eff. Jan. 1, 2016; SL 2023, ch 87, §4.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08C - Delinquent Children › Section 26-8C-6 - Court-ordered physical or mental health care for child.

26-8C-6. Court-ordered physical or mental health care for child.
Following adjudication of a child as a delinquent child, the court may order the child to be examined or treated by a physician or a qualified mental health professional or to receive other special care and may place the child in a hospital or other suitable facility for such purposes.
Source:
SL 1974, ch 179, §7; SL 1991, ch 217, §157B; SDCL, §26-8-40.4.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08C - Delinquent Children › Section 26-8C-9 - Limit of temporary custody.

26-8C-9. Limit of temporary custody.
An alleged or adjudicated delinquent child may not be held in temporary custody for more than ninety days beginning with the date the child is first taken into custody unless at the ninetieth day the child is in the process of receiving treatment or care which has a specified duration. In that case, the temporary custody may be extended to the end of the treatment or care.
Source:
SL 1991, ch 217, §159C.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08C - Delinquent Children › Section 26-8C-11 - Termination of jurisdiction upon successful disposition.

26-8C-11. Termination of jurisdiction upon successful disposition.
Upon the successful completion of the dispositional plan of a delinquent child who has not been committed to the Department of Corrections, the court shall terminate its jurisdiction. If the court determines that the dispositional plan has not been successful, the court shall make further disposition of the delinquent child.
Source:
SL 1991, ch 217, §163C; SL 1996, ch 172, §23.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08C - Delinquent Children › Section 26-8C-14 - Terms and conditions of probation--Duration--Written statement and explanation required--Review--Release--Modification.

26-8C-14. Terms and conditions of probation--Duration--Written statement and explanation required--Review--Release--Modification.
The terms and conditions of probation of a delinquent child shall be specified by rules or orders of the court and by court services officers.
The duration of juvenile probation shall be specified by order of the court but may not exceed six months unless:
(1)The child is placed in the intensive juvenile probation program; or
(2)The child's probation is extended as provided under this section.
If the child is placed on intensive juvenile probation, the duration of probation upon order by the court may be up to twelve months.
If the child is placed on juvenile probation, a court services officer may request two extensions up to six months each or one extension up to six months for intensive juvenile probation. The court may authorize the same in accordance with Unified Judicial System procedure if the extension is necessary for the child to engage in evidence-based treatment as required by the case plan. If evidence-based treatment is not available, an extension may be granted if the youth is engaged in alternative court-approved treatment that will not be completed before the previously ordered term of probation expires.
The total duration of probation, including juvenile intensive probation and any extension may not exceed eighteen months unless the court provides written authorization to allow a child to complete evidence-based treatment that will not be completed before probation expires. Probation may not be extended solely to collect restitution. If probation is terminated with restitution owing, the Unified Judicial System procedure may govern the collection.
Each child placed on probation shall be given a written statement of the terms and conditions of probation, and the probation extension policy. The terms and conditions, as well as the probation extension policy, shall be explained to the child.
The court shall review the terms and conditions of probation and the progress of each child placed on probation at least once every six months. The court may release a child from probation or modify the terms and conditions of the child's probation at any time, but any child who has complied satisfactorily with the terms, conditions, and duration of probation shall be released from probation and the jurisdiction of the court terminated. If the duration of probation previously prescribed has expired, the court shall release the child from probation and terminate jurisdiction.
Source:
SDC 1939, §43.0328 as added by SL 1968, ch 164, §17; SL 1991, ch 217, §166B; SDCL §26-8-60; SL 2015, ch 152, §23, eff. Jan. 1, 2016; SL 2017, ch 118, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08C - Delinquent Children › Section 26-8C-15 - Provisions for violation of terms and conditions of probation.

26-8C-15. Provisions for violation of terms and conditions of probation.
The following provisions apply if the child is alleged to have violated the terms and conditions of probation and a formal allegation of a probation violation is filed:
(1)The court shall set a hearing on the alleged violation and shall give five days' notice to the child, to the child's parents, guardian, or custodian, and to any other parties to the proceedings;
(2)The child and the child's parents, guardian, or custodian shall be given a written statement concerning the alleged violation;
(3)The child may be represented by legal counsel at the probation violation hearing and the child is entitled to the issuance of compulsory process for the attendance of witnesses;
(4)If the court finds by a preponderance of the evidence that the child violated the terms and conditions of probation, the court may modify the terms and conditions of probation, revoke probation, or take other action as permitted by this chapter or chapter 26-7A which is in the best interests of the child and the public, except commitment to the Department of Corrections. The court may only commit a child to the Department of Corrections if the court finds that the violation committed constitutes a new law violation and finds that the aggravated circumstances as provided in subdivision 26-8C-7(10) exist;
(5)For the purposes of this section, new law violation is defined as delinquent behavior pursuant to §26-8C-2, a Class 1 misdemeanor violation of title 32, or a violation of §32-23-21; and
(6)If the court finds that the child did not violate the terms and conditions of probation as alleged, the court shall dismiss the proceedings and continue the child on probation under the terms, conditions, and duration previously prescribed. If the duration of probation previously prescribed has expired, the court shall release the child from probation and terminate jurisdiction.
Source:
SL 1991, ch 217, §166C; SL 2015, ch 152, §27, eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08D - Juvenile Justice--Public Safety Improvement › Section 26-8D-1 - Definitions.

26-8D-1. Definitions.
Terms used in this chapter mean:
(1)"Community response team" or "team," a support team tasked with finding viable community resources to help rehabilitate children alleged to be delinquent and children alleged to be in need of supervision in community-based settings who are at risk for commitment to the Department of Corrections;
(2)"Juvenile cited violation," designated delinquency or children in need of supervision violation handled by law enforcement with the uniform traffic ticket pursuant to §23-1A-2;
(3)"Juvenile Justice Oversight Council," the council established by §26-8D-7;
(4)"Quality assured," monitored to determine the extent to which individuals delivering treatment to juveniles are administering that treatment consistently and as designed;
(5)"Recidivism," for the Department of Corrections for the purposes of this chapter, within one year, two years, or three years of discharge from the custody of the Department of Corrections, a juvenile commitment or conviction in adult court for a felony resulting in a sentence to the Department of Corrections. For the Unified Judicial System for the purposes of this chapter, the term means being adjudicated delinquent while on probation or adjudicated delinquent or convicted of a felony in adult court within one year, two years, or three years after discharge from juvenile probation;
(6)"Risk factors," characteristics and behaviors that, when addressed or changed, affect a child's risk for committing delinquent acts. The term includes prior and current offense history, antisocial behavior, antisocial personality, attitude and thinking about delinquent activity, family dysfunction, low levels of education or engagement in school, poor use of leisure time and recreation, and substance abuse;
(7)"Specialized transition services," independent living; foster care; respite; crisis stabilization; short-term assessment; a residential setting intended to transition the juvenile from a residential treatment center, intensive residential treatment center, or more restrictive group care or juvenile corrections facility; or other transitional setting authorized by the secretary of the Department of Corrections;
(8)"Treatment," when used in a juvenile justice context, targeted interventions that utilize evidence-based practices to focus on juvenile risk factors, to improve mental health, and to reduce the likelihood of delinquent behavior; and
(9)"Validated risk and needs assessment," a tool scientifically proven to identify factors for delinquency and predict a child's risk to reoffend.
Source: SL 2015, ch 152, §1; SL 2023, ch 87, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08D - Juvenile Justice--Public Safety Improvement › Section 26-8D-2 - Fiscal incentive program for diversion opportunities--Requirements.

26-8D-2. Fiscal incentive program for diversion opportunities--Requirements.
The Department of Corrections shall develop a fiscal incentive program to incentivize county use of diversion opportunities. Beginning on September 1, 2016, any application for funding from the fiscal incentive program shall be submitted to the Department of Corrections before September first each year by a county. The fiscal incentive program includes the following requirements:
(1)An application shall include data on the number of children annually referred by the county to a diversion program, as well as the number of referred children that successfully completed a diversion program. In addition, each application shall provide specific data about the children the county referred to diversion, including the type of program or type of diversion referred to, the name and location of each diversion provider, and whether the child completed a diversion program;
(2)The allotment of funds shall be based on the number of children referred by each county that complete a court-approved diversion program at a rate of two hundred fifty dollars per child. That amount shall be prorated if the number of children completing a diversion program statewide results in an amount that exceeds the allotted funds;
(3)No county may receive any state funds provided by this section until its application has been received; and
(4)Payments to counties shall be transferred on or about November first each year.
The Department of Corrections shall report data collected from participating counties semiannually to the oversight council.
Source:
SL 2015, ch 152, §5.