reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-89 - Continuance of case--Custody of child pending disposition--Term of continuance.

26-7A-89. Continuance of case--Custody of child pending disposition--Term of continuance.
At any time after the filing of the petition and before the final disposition of the case, the court may continue the case from time to time. The court may issue orders it considers necessary allowing the child to remain in the custody of the child's parents, guardian, or custodian according to terms and conditions required by the court or placing the child in temporary custody. Any continuation of the case by the court may extend no longer than three months between hearings.
Source:
SDC 1939, §43.0309; SL 1961, ch 212; SL 1968, ch 164, §7; SL 1991, ch 217, §79B; SDCL, §26-8-23.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-90 - Evidence heard at dispositional hearing--Interim decree--Final decree.

26-7A-90. Evidence heard at dispositional hearing--Interim decree--Final decree.
After adjudication, the court shall conduct dispositional hearings and consider evidence regarding proper disposition of the child best serving the interests of the child with due regard to the rights and interests of the child's parents, guardian, custodian, other parties respondent, the public, and the state. Dispositional evidence may include social study reports, mental and medical examination and evaluation reports, homestudy investigation reports, and any other evidence related to appropriate disposition of the child.
Following the dispositional hearing, the court shall issue an interim decree of disposition. During the dispositional phase, the court shall balance the rights and interests of the child and the respective parties, including the public and the state.
On completion of the final dispositional hearing, the court shall issue findings of fact, conclusions of law, and a final decree of disposition. Written findings of fact and conclusions of law are only required in delinquency or child in need of supervision dispositional proceedings if there is a contested evidentiary hearing or if the disposition is a commitment to the Department of Corrections. The decree is the final order of the court for the purpose of an appeal by any party according to the rules of procedure governing civil appeals.
Source:
SDC 1939, §43.0327 as added by SL 1968, ch 164, §16; SL 1991, ch 217, §81B; SDCL, §26-8-22.11; SL 2021, ch 117, § 2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-91 - Notice of entry of order of adjudication or final decree--Service of publication.

26-7A-91. Notice of entry of order of adjudication or final decree--Service of publication.
Notice of entry of an order of adjudication or a final decree of disposition in any case shall be served on the parties to the action. The notice of entry may be served by publication in the same manner as service of summons in the actions. If notice of entry is served by publication, the service shall be considered completed five days after the date of publication of the notice of entry. Time for appeal shall commence on the next day following the date of completed service of the notice of entry.
Source:
SL 1991, ch 217, §84.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-92 - Guardian of placed child.

26-7A-92. Guardian of placed child.
In every case under this chapter and chapters 26-8B and 26-8C, if the child is committed to the Department of Corrections, the court shall appoint the secretary of corrections as guardian of the person of the child. If the court places the child at the Human Services Center, the court shall appoint the secretary of the Department of Social Services as guardian of the person of the child.
Source:
SDC 1939, §§43.0311, 43.0312; SL 1991, ch 217, §86B; SDCL §26-8-38; SL 1996, ch 172, §6; SL 1998, ch 159, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-93 - Placement subject to availability of space.

26-7A-93. Placement subject to availability of space.
No child governed by provisions of this chapter or chapter 26-8A, 26-8B, or 26-8C may be placed in any group home, residential care facility, group care institution, or any other facility unless the agency, department, association, or corporation operating the facility determines that space is available.
Source:
SL 1974, ch 179, §5; SL 1991, ch 217, §87B; SDCL, §26-8-40.6.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-94 - Provisions for payment of custodial care costs.

26-7A-94. Provisions for payment of custodial care costs.
The following provisions govern the payment of costs of custodial care of any child who is the subject of proceedings under this chapter or chapter 26-8A, 26-8B, or 26-8C:
(1)The child's parents, guardian, or custodian shall pay the costs of custodial care of the child at all times while the child is in the custodial care of the parents, guardian, or custodian.
(2)The costs of custodial care of any child before disposition of the child shall be paid initially by the county in which the proceedings are conducted except for the costs of custodial care of an apparent or alleged abused or neglected child in the temporary custody of the Department of Social Services who is placed in a licensed foster home or in licensed facilities. Custodial care costs for such a child shall be paid by the Department of Social Services.
(3)The cost of placing any child in a detention facility after disposition shall be sustained initially by the county in which the proceedings are concluded.
(4)If the court commits a child to the Department of Corrections and the child has to await placement, the county in which the proceedings are concluded shall pay initially the costs of custodial care for seven days immediately following issuance of the final decree of disposition while the child awaits placement. After the seven-day period has expired, the Department of Corrections shall pay the costs of custodial care or reimburse the county responsible for providing that care.
(5)If the court places a child at the Human Services Center, and the child has to await placement, the county in which the proceedings are concluded shall pay the costs of custodial care for seven days immediately following issuance of the final decree of disposition. After the seven-day period has expired, the Department of Social Services shall pay the costs of custodial care or reimburse the county responsible for providing that care while the child awaits placement.
Source:
SL 1977, ch 208, §2; SL 1991, ch 217, §88B; SDCL §26-8-40.8; SL 1993, ch 200, §6; SL 1993, ch 201, §1; SL 1994, ch 216, §1; SL 1996, ch 172, §8; SL 1996, ch 176, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-95 - Parents' duty to support child--Costs of custodial care payable on demand.

26-7A-95. Parents' duty to support child--Costs of custodial care payable on demand.
Notwithstanding provisions of §26-7A-94, the child's parents' duty to support the child continues if the child is placed in the custodial care of the Department of Social Services or another department or agency of the state, and the costs of custodial care for a child and related fees are due and payable by the child's parents on demand by the Department of Social Services or other custodial department or agency of the state or by the county.
Source:
SL 1991, ch 217, §88C.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-96 - Acceptance and expenditure of additional funds for custodial care costs.

26-7A-96. Acceptance and expenditure of additional funds for custodial care costs.
The secretary of the Department of Corrections may accept and expend for the purpose of §26-7A-94, in addition to the amount in that section, any funds obtained from federal sources, gifts, contributions, or any other source if the acceptance and expenditure are approved in accordance with §4-8B-10.
Source:
SL 1989, ch 230, §3; SL 1991, ch 217, §90B; SDCL Supp, §26-8-40.10.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-97 - Order or decree of guardianship of child--Certified copy as authority for custody--Social studies, clinical reports, and other information transmitted with order.

26-7A-97. Order or decree of guardianship of child--Certified copy as authority for custody--Social studies, clinical reports, and other information transmitted with order.
Any child adjudicated to be an abused or neglected child, a child in need of supervision or a delinquent child, as defined, respectively, in chapter 26-8A, 26-8B, or 26-8C, and awarded by the court to a guardian, institution, or association, shall be held by the guardian, institution, or association by virtue of the order or decree entered of record in the case. The clerk of courts shall issue to the guardian, institution, or association a certified copy of the order or decree of the court as proof of the authority of the guardian, institution, or association over the child. No other process need issue to warrant the keeping of the child. The clerk of courts shall transmit copies of the social study, any clinical reports, and other information pertinent to the care and treatment of the child to the guardian, institution, or association with the commitment order or decree.
Source:
SDC 1939, §43.0315; SL 1968, ch 164, §12; SL 1991, ch 217, §92B; SDCL, §26-8-44.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-98 - Order for payment of, or reimbursement for, support to guardian or conservator or institution--Reasonable payment--Security and enforcement of order--Modification.

26-7A-98. Order for payment of, or reimbursement for, support to guardian or conservator or institution--Reasonable payment--Security and enforcement of order--Modification.
If it appears during the course of proceedings conducted under this chapter or chapter 26-8A, 26-8B, or 26-8C that the parent, parents, guardian, conservator, custodian, or any party named in a petition who is legally obligated to support a child is able to contribute to the support of the child, the court shall enter an order requiring the parent, parents, guardian, conservator, custodian, or other responsible party to pay to the appointed guardian or conservator or to the institution to which the child may be committed or placed or to reimburse the county which has initially borne custodial care costs pursuant to subdivision 26-7A-94(2) or (3) or (4) a reasonable amount payable periodically for the support, maintenance, and education of the child and all statutory fees and costs related to expenses incurred on behalf of the child, or any portion of them. In determining a reasonable payment, the court shall consider the responsible party's ability to pay according to the laws of the state on child support obligations. Any determination that a responsible party need not make full reimbursement of statutory fees and costs shall be justified in a specific finding, in writing or on the record. The court may also order the parent, parents, guardian, conservator, custodian, or other responsible party to furnish reasonable security for the payment of the child support, fees and costs incurred on behalf of the child, or any portion of them. Upon failure to pay, the court may enforce compliance with the order by proceeding as for civil contempt or the appointed guardian or conservator or the institution or the county may proceed to execution on the order as on a civil judgment. Periodically, the court may, on application and on the notice that the court requires, alter the obligations to pay child support, fees, and costs related to expenses incurred on behalf of the child as it considers reasonable, proper, and consistent with the best interests of the child.
Source:
SDC 1939, §43.0325; SL 1991, ch 217, §93B; SDCL, §26-8-45; SL 1993, ch 201, §2; SL 1993, ch 213, §121; SL 1996, ch 176, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-99 - Order of wage assignment for support of child--Discovery of employment--Disobedience as contempt.

26-7A-99. Order of wage assignment for support of child--Discovery of employment--Disobedience as contempt.
If a party ordered to pay child support and all statutory fees and costs related to expenses incurred on behalf of the child, or any portion of them, pursuant to §26-7A-98 or pursuant to a court order under any other applicable statute, is employed for wages, salary, or commission, the court may order that the amount of child support, fees, and costs to be paid by the party shall be paid to the guardian or institution out of the party's wages, salary, or commission, and the party shall accordingly execute an assignment. The court may also order the party obligated to pay child support, fees, and costs, or any portion of them, to periodically make complete disclosure to the court of the party's place or places of employment and the amount and nature of earnings. If the party fails to obey the order of the court, the party may be punished as for civil contempt.
Source:
SDC 1939, §43.0326; SL 1991, ch 217, §94B; SDCL, §26-8-46.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-100 - Conservatorship of estate of child.

26-7A-100. Conservatorship of estate of child.
Unless otherwise specifically ordered by the court in its order or decree, nothing in this chapter or in chapter 26-8A, 26-8B, or 26-8C gives the conservatorship of the estate of the child to any guardian appointed or changes the age of minority of a child for any purpose unless the child is a person under twenty-one years of age who is under the continuing jurisdiction of the court, as defined in §26-7A-1, is under commitment to the Department of Corrections or is under continuing foster care pursuant to §26-6-6.1. However, the court may appoint a conservator of the estate of a child who is under the age of eighteen years if the child is within the jurisdiction of the court and the court specifically finds that appointment of a conservator of the estate of the child is necessary and appropriate under the circumstances and is in the best interests of the child.
Source:
SDC 1939, §43.0330; SL 1991, ch 217, §95B; SDCL, §26-8-47; SL 1993, ch 213, §122; SL 1996, ch 172, §9.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-101 - Period of continuation of guardianship or conservatorship--Application for new guardian or conservator, restoration to parents or discharge of guardian or conservator.

26-7A-101. Period of continuation of guardianship or conservatorship--Application for new guardian or conservator, restoration to parents or discharge of guardian or conservator.
Except as provided in §26-11A-21, guardianship or conservatorship of a child under this chapter or chapter 26-8A, 26-8B, or 26-8C shall continue until the court orders otherwise, but not after the child has attained the age of majority except as stated in §26-7A-100. The child or any person interested in the child may from time to time, upon a proper showing, apply to the court for the appointment of a new guardian or conservator, for the restoration of the child to the custody of the child's parents, if parental rights have not been terminated, or the child's former guardian or custodian, or for the discharge of the guardian or conservator appointed by the court at the final disposition of the child.
Source:
SDC 1939, §43.0315; SL 1968, ch 164, §12; SL 1972, ch 154, §8; SL 1991, ch 217, §96B; SDCL, §26-8-48; SL 1993, ch 213, §123; SL 1996, ch 172, §10.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-102 - Jurisdiction of court.

26-7A-102. Jurisdiction of court.
If the court commits the child to the Department of Corrections, the court's jurisdiction shall be limited to §26-7A-122. In all other cases, court has continuing jurisdiction over children placed or committed under this chapter or chapter 26-8A, 26-8B, or 26-8C regardless of the location of the children.
Source:
SDC 1939, §43.0328; SL 1968, ch 164, §17; SL 1991, ch 217, §97B; SDCL, §26-8-50; SL 1996, ch 172, §11.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-103 - Court order for report by guardian or institution.

26-7A-103. Court order for report by guardian or institution.
The court may require any guardian, institution, or association having custodial care of a child under this chapter or chapter 26-8A, 26-8B, or 26-8C to submit to the court a complete report on the party's actions regarding the child in the manner and form and at the time directed by the court.
Source:
SDC 1939, §43.0317; SL 1951, ch 222, §2; SL 1991, ch 217, §98B; SDCL, §26-8-51.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-104 - Review dispositional hearing to remove guardian or institution or restore child to parents.

26-7A-104. Review dispositional hearing to remove guardian or institution or restore child to parents.
On consideration of the report of the guardian, institution, or association submitted to the court pursuant to §26-7A-103, except for a child committed to the Department of Corrections, the court may conduct a review dispositional hearing and:
(1)Remove the guardian and appoint another party to act as guardian for the child;
(2)Remove the child from the institution or association and place the child in another institution or association as determined by the court; or
(3)Restore the child to the custody of either or both of the child's parents, if parental rights have not been terminated, or to the custody of the child's former guardian or custodian existing at commencement of the action, with or without supervision, probation, or other conditions imposed by the court consistent with the best interests of the child and with due regard to the rights and interests of the child's parents, guardian, custodian, the public, and the state.
Source:
SDC 1939, §43.0317; SL 1951, ch 222, §2; SL 1991, ch 217, §99B; SDCL, §26-8-52; SL 1996, ch 172, §12.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-105 - Child not disqualified from public office, civil service, or military service--Not a criminal conviction.

26-7A-105. Child not disqualified from public office, civil service, or military service--Not a criminal conviction.
No adjudication or disposition under this chapter or chapter 26-8A, 26-8B, or 26-8C may cause disqualification or ineligibility of a child for any public office, civil service, or military service. No child may be termed a criminal because of any adjudication or disposition, nor may any adjudication or disposition be considered to be a conviction.
Source:
SDC 1939, §43.0327; SL 1968, ch 164, §16; SL 1991, ch 217, §101B; SDCL, §26-8-56.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-106 - Proceedings not admissible in criminal or civil action against child.

26-7A-106. Proceedings not admissible in criminal or civil action against child.
No adjudication, disposition, or evidence given in any proceedings under this chapter or chapter 26-8A, 26-8B, or 26-8C is admissible against a child in any criminal, civil, or other proceeding, except in subsequent proceedings under this chapter and related chapter 26-8C regarding the delinquency of the same child and in subsequent criminal proceedings concerning the same child for sentencing purposes.
Source:
SDC 1939, §§43.0301, 43.0327; SL 1968, ch 164, §16; SL 1978, ch 192, §1; SL 1991, ch 217, §102B; SDCL, §26-8-57.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-107 - Order of protection--Authorized provisions--Termination, modification or extension of order.

26-7A-107. Order of protection--Authorized provisions--Termination, modification or extension of order.
The court may make an order of protection in assistance of, or as a condition of, any decree of disposition authorized by this chapter or chapter 26-8A, 26-8B, or 26-8C. The order of protection may set forth reasonable conditions of behavior to be observed for a specified period by the child's parents, guardian, custodian, or any other person who is a party to such proceedings.
The order of protection may require any concerned person or party:
(1)To stay away from a child or the child's home;
(2)To permit a parent or other person to visit a child at stated periods and places, with or without supervision;
(3)To abstain from offensive conduct against a child or the child's parents, guardian, custodian, or any other person having custody or temporary care of the child;
(4)To give proper attention to the care, maintenance, and supervision of the child, and the child's home;
(5)To cooperate in good faith with the Department of Social Services, court services, or any other agency which has been given custody or temporary custody of a child, which is providing protective supervision or probation supervision of a child pursuant to court order, or to which the child has been referred by the court;
(6)To refrain from acts of commission or omission that tend to make a home an improper place for a child;
(7)To pay child support and all statutory fees and costs related to expenses incurred on behalf of the child, or any portion of them, as determined by the court;
(8)To cooperate with and participate in any physical or mental examination or evaluation, counseling, treatment, therapy, or child care or parenting classes considered necessary by the court for the benefit of the child;
(9)To take all reasonable steps necessary to insure the child's regular school attendance;
(10)To eliminate the specific conditions constituting or contributing to the problems which led to juvenile court action; and
(11)To take all reasonable steps necessary to insure the child's completion of court-ordered sanctions, treatment, therapy, counseling, or rehabilitation.
After notice and opportunity for a hearing is given to any person or party subject to an order of protection, the order may be terminated, modified, or extended for a specified period of time if the court finds it in the best interests of the child, the public and the state. This provision is in addition to, and not a limitation of, §§26-7A-107.1 and 26-7A-107.2.
Source:
SDC 1939, §43.0328 as added by SL 1968, ch 164, §17; SL 1990, ch 198, §1; SL 1991, ch 217, §103B; SDCL Supp, §26-8-59; SL 1996, ch 177, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-107.1 - Provisions for violation of order of protection.

26-7A-107.1. Provisions for violation of order of protection.
The following provisions apply if a person is alleged to have violated the terms and conditions of an order of protection entered pursuant to this chapter:
(1)The court shall set a hearing on the alleged violation and shall give five days' notice to the person subject to the order of protection, and to any other parties to the proceedings;
(2)The person alleged to have violated the order of protection shall be given a written statement concerning the alleged violation;
(3)The person may be represented by legal counsel at the hearing and shall be 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 person violated the terms and conditions of the order of protection, the court may modify the terms and conditions of the order, or take other action permitted by applicable law, including sanctions provided for under criminal or civil contempt, which is in the best interests of the child and the public.
Source:
SL 1996, ch 177, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-107.2 - Violation of order of protection as a misdemeanor.

26-7A-107.2. Violation of order of protection as a misdemeanor.
If an order of protection is granted pursuant to this chapter, and the person whose conduct is to be restrained or otherwise controlled knows or has reason to know of the order, a violation of the order is a Class 2 misdemeanor. Any proceeding under this chapter is in addition to other civil or criminal remedies.
Source:
SL 1996, ch 177, §3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-108 - Modifying or setting aside order or decree--Hearing required on probation violation or change in legal custody.

26-7A-108. Modifying or setting aside order or decree--Hearing required on probation violation or change in legal custody.
The court may modify or set aside any order or decree made by it, except a decree terminating parental rights. No modification of an order or decree may be made without a hearing if a violation of the terms of probation governing a child in need of supervision or a delinquent child is alleged or if the effect of modifying or setting aside the order or decree would be to deprive a parent of custody of a child or make a change in custody, except temporary custody, with or without court order, pursuant to provisions of this chapter or chapter 26-8A, 26-8B, or 26-8C.
Source:
SDC 1939, §43.0328 as added by SL 1968, ch 164, §17; SL 1991, ch 217, §104B; SDCL, §26-8-61.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-108.1 - Suspension of probationary period under certain conditions.

26-7A-108.1. Suspension of probationary period under certain conditions.
The running of a juvenile probationer's probationary period shall be suspended if:
(1)The juvenile probationer absconds from supervision;
(2)Any petition to modify or revoke a term of probation is filed; or
(3)A probation violation report is filed during any pending court proceeding related to the filing of the violation report.
Source:
SL 2017, ch 117, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-109 - Petition for modification or termination of custody decree on change of circumstances.

26-7A-109. Petition for modification or termination of custody decree on change of circumstances.
If custody of a child has been vested by the court in an individual, institution, or agency, other than the Department of Corrections, a parent whose parental rights have not been terminated, or a former guardian or custodian of the child may petition the court for restoration of custody or other modification or termination of the prior custodial order or decree on the ground that a change of circumstances has occurred which requires the modification or termination in the best interests of the child, the public and the state.
Source:
SDC 1939, §43.0328 as added by SL 1968, ch 164, §17; SL 1991, ch 217, §105B; SDCL, §26-8-62; SL 1996, ch 172, §13.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-110 - Petition for new hearing on ground of new evidence.

26-7A-110. Petition for new hearing on ground of new evidence.
A child or a child's parents, guardian, custodian, or guardian ad litem may petition the court for a new hearing related to adjudication or disposition on the ground that new evidence has been discovered which was not known and could not with due diligence have been made available at the original adjudicatory or dispositional hearing and which might affect the order or the decree resulting from the hearing. A noticed hearing on the petition shall be conducted as required by the court. If the court finds at the hearing on the petition that new evidence exists which might affect the original order or decree, the court shall order a new hearing and shall proceed with a revised determination of the case as warranted by the evidence and applicable law.
Source:
SDC 1939, §43.0328 as added by SL 1968, ch 164, §17; SL 1991, ch 217, §106B; SDCL, §26-8-63.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-111 - Interstate compacts not affected by provisions.

26-7A-111. Interstate compacts not affected by provisions.
Provisions of this chapter and chapters 26-8A, 26-8B, and 26-8C do not affect the "Interstate Compact on Juveniles" in chapter 26-12 or "Interstate Compact on Placement of Children" in chapter 26-13. In the event of any inconsistency or conflict, the provisions of chapter 26-12 and 26-13 take precedence.
Source:
SL 1968, ch 164, §19; SL 1991, ch 217, §107B; SDCL, §26-8-64.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-112 - Rules of procedure govern appeals--Notice to attorney general.

26-7A-112. Rules of procedure govern appeals--Notice to attorney general.
An intermediate appeal or an appeal may be taken from a judgment, decree, or order under the provisions of this chapter and chapters 26-8A, 26-8B, and 26-8C according to the rules of procedure governing civil appeals. The appellant shall also serve the written notice of appeal and docketing statement upon the state's attorney of the county where the judgment, decree, or order was entered and upon the attorney general. The failure to serve the attorney general does not constitute a jurisdictional bar to the appeal. Initials shall appear on the appeal record documents in place of the names of the child and the child's parents, guardian, or custodian who are parties to the action.
Source:
SDC 1939, §43.0333 as added by SL 1968, ch 164, §18; SDCL, §26-8-58; SL 1991, ch 217, §108B; SDCL, §26-8-58.1; SL 2004, ch 180, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-113 - Sealing records in action involving abused or neglected child--Inspection.

26-7A-113. Sealing records in action involving abused or neglected child--Inspection.
In any action involving an abused or neglected child, the records and files of the court may be sealed by court order issued on the court's own motion or on the petition of any party to the action after the termination or completion of the action in all respects and after the expiration of the time for all appeals. If parental rights were terminated, the records and files of the court may not be sealed until adoption proceedings concerning the child have been completed or the court specifically orders the records and files sealed on the court's finding, based on information received by the court from the Department of Social Services, that adoption of the child is improbable. After the court records and files relating to the action concerning the abused or neglected child are sealed, inspection of the records and files may thereafter be permitted by the court only on petition by the guardian, guardian ad litem, or attorney for the child who is the subject of the action, by respondent parents whose parental rights have not been terminated or by the Department of Social Services. Before allowing inspection of sealed records and files, the court shall find that the inspection is in keeping with the best interests of the child.
Source:
SDC 1939, §43.0321 as enacted by SL 1968, ch 164, §15; SL 1978, ch 192, §2; SL 1989, ch 20, §178; SL 1991, ch 217, §109B; SDCL Supp, §26-8-57.1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-114 - Sealing records in action involving child in need of supervision--Inspection.

26-7A-114. Sealing records in action involving child in need of supervision--Inspection.
In any action involving a child in need of supervision, the records and files of the court may be sealed by court order issued on the court's own motion or on the petition of any party to the action after the termination or completion of the action in all respects, after the expiration of the time for all appeals and after the unconditional release of the child from the court's jurisdiction. After the records and files are sealed, inspection of them may thereafter be permitted by the court only on petition by the state's attorney, guardian, guardian ad litem, or attorney for the child who is the subject of the action or by the respondent parents or a court services officer. Before allowing inspection of sealed records and files, the court shall find that the inspection is in keeping with the best interests of the child.
Source:
SL 1991, ch 217, §109C.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-115 - Sealing records in action involving delinquent child--Inspection.

26-7A-115. Sealing records in action involving delinquent child--Inspection.
In any action involving a delinquent child, the records and files of the court may be sealed by a court order issued on the court's own motion or on the petition of the child or the child's parents. However, no such petition may be filed and considered by the court until after one year from the date of the child's unconditional release from the court's jurisdiction or the discharge of the child by the Department of Corrections, whichever date is later. Upon the filing of the petition, the court shall set a date for hearing and shall notify the state's attorney and any other party who the court believes may have relevant information about the delinquent child. The court may order sealed all of the court's records and files and the records and files in the custody or under the control of any other agency or official if at the hearing on the petition to seal the court finds:
(1)The delinquent child has not been adjudicated as a delinquent under this chapter or chapter 26-8C since the termination of the court's jurisdiction of the child or the discharge of the child by the Department of Corrections;
(2)No proceeding involving the delinquent child concerning a felony, a sexual contact offense, a misdemeanor involving moral turpitude or a petition under this chapter or chapter 26-8C is pending or is being instituted against the child; and
(3)The rehabilitation of the delinquent child has been attained to the satisfaction of the court.
Source:
SL 1991, ch 217, §109D.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-115.1 - Victim of human trafficking or sexual exploitation--Expungement of delinquency record.

26-7A-115.1. Victim of human trafficking or sexual exploitation--Expungement of delinquency record.
A victim of human trafficking may petition the court directly or through a parent, guardian, or guardian ad litem, for the expungement of a delinquency record that resulted from being a victim of human trafficking, as defined in §22-49-1, or sexual exploitation, as defined in §22-22-24.3. An expungement under this section vacates the underlying delinquency proceeding.
Source:
SL 2018, ch 166, §1; SL 2020, ch 89, § 4.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-116 - Distribution of copies of order sealing records--Inspection of sealed records.

26-7A-116. Distribution of copies of order sealing records--Inspection of sealed records.
If the court orders the sealing of the records and files pursuant to §26-7A-113, 26-7A-114, or 26-7A-115, copies of the sealing order shall be sent to each agency or official named in the order. Subsequent inspection of the sealed records may thereafter be permitted by the court only on petition by the child who is the subject of the record, the state's attorney, or court services officers. The court may permit inspection of the sealed records and files for use by the court in other actions or proceedings under this chapter or chapter 26-8C and for subsequent criminal proceedings for sentencing purposes. Nothing in this chapter prohibits the custodian of records or files from inspecting or accessing the custodian's records or files as may be necessary for the discharge of the custodian's official duties in the absence of an order from the court.
Source:
SL 1991, ch 217, §109E; SL 2006, ch 143, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-117 - Maximum age for which committed.

26-7A-117. Maximum age for which committed.
A child may be committed to the Department of Corrections only until the child has attained the age of twenty-one years.
Source:
SL 1992, ch 183, §8; SL 1996, ch 172, §14.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-118 - Parent or guardian required to appear at certain hearings.

26-7A-118. Parent or guardian required to appear at certain hearings.
Notwithstanding any other provision of this chapter, at least one custodial parent or guardian of any child who is the subject of child in need of supervision or delinquency proceedings under this chapter or chapter 26-8B or 26-8C shall appear at any hearing, except a hearing under §26-7A-13, authorized by this chapter or chapter 26-8B or 26-8C. This provision does not apply to parents or guardians who are not residents of South Dakota nor to any state official or state agency. The absence of the parent or guardian need not result in postponement of the scheduled hearing, if the court finds good cause to proceed in the absence. If the parent or guardian, without reasonable cause, fails to appear at the scheduled hearing, a warrant may be issued requiring the parent or guardian to be brought before the court.
Source:
SL 1993, ch 202.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-120 - Confidentiality of records.

26-7A-120. Confidentiality of records.
Records prepared or maintained by court services officers are confidential. However, such records may be inspected by, or disclosed to, justices, judges, magistrates, and employees of the Unified Judicial System in the course of their duties and to persons specifically authorized by order of the court.
Source:
SL 1994, ch 217, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-122 - Court discharge of child from Department of Corrections--Restoration to parent, guardian, or custodian or change in placement--Resisting discharge.

26-7A-122. Court discharge of child from Department of Corrections--Restoration to parent, guardian, or custodian or change in placement--Resisting discharge.
The court committing a child to the Department of Corrections under this chapter and chapters 26-8B and 26-8C may, at any time after making the commitment and as long as the child is under the jurisdiction of the department, upon proper application and noticed hearing, order the discharge of the child from the department, order the child to be restored to the child's parents, guardian, or custodian or order the child to be placed under the guardianship of another person appointed by the court and placed in a suitable family home. At the hearing the court shall determine if the best interests of the child will be promoted by the child's discharge from the department.
The secretary of corrections may appear at the hearing and resist the application. The court shall give the secretary ten days advance notice of the application and hearing. The secretary shall have five days after receipt of the notice to inform the court if the secretary will appear and resist the application.
Source:
SL 1996, ch 172, §17.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-123 - Department of Corrections to file periodic report on child in custody--Contents of report.

26-7A-123. Department of Corrections to file periodic report on child in custody--Contents of report.
Within thirty days after a child is committed to the Department of Corrections under this chapter, or chapter 26-8B, or 26-8C, and every ninety days thereafter while the child remains in a correctional placement, the Department of Corrections shall file a written report with the court which committed such child. This written report shall contain the following information:
(1)The results of any assessments of the child concerning the child's emotional, mental, educational, psychological, psychiatric, medical, physical, or health status and needs; and
(2)Information regarding the placement of the child within particular programs administered by the Department of Corrections; and
(3)Progress of the child in programs administered by the Department of Corrections.
Source:
SL 2000, ch 121, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-124 - Judicial review of report--Court may issue show cause order against department.

26-7A-124. Judicial review of report--Court may issue show cause order against department.
Upon review of the information provided in §26-7A-123, the court may, upon its own motion, enter an order compelling the secretary of corrections to appear and show cause why the court should not order the discharge of the child from the department, order the child to be restored to the child's parents, guardian, or custodian, order the child to be placed under the guardianship of another person appointed by the court and placed in a suitable family home, or order an amended decree of disposition pursuant to §26-8B-6 or 26-8C-7. At the hearing, the court shall determine if the best interests of the child will be promoted by the child's discharge from the department.
Source:
SL 2000, ch 121, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-125 - Graduated sanctions and incentives program for responding to probation violations.

26-7A-125. Graduated sanctions and incentives program for responding to probation violations.
The Supreme Court shall establish rules, pursuant to §16-3-1, to develop a graduated sanctions and incentives procedure and grid to guide court services officers in determining the appropriate response to a violation of terms or conditions of probation in juvenile cases. If the graduated sanctions program includes detention, a stay may not exceed forty-eight hours, and may not exceed twenty-four hours for children in need of supervision pursuant to §26-8B-3. The Unified Judicial System shall collect data related to the use of sanctions, grid compliance and program outcomes, and shall include a process for reviewing sanctions that are challenged by the juvenile. The system of graduated sanctions shall be created with the following objectives:
(1)Responding to violations of probation quickly, consistently, and proportionally;
(2)Reducing the time and resources expended by the court to respond to violations; and
(3)Reducing the likelihood of a new delinquent act.
Source:
SL 2015, ch 152, §25, eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-126 - Law enforcement treatment as juvenile cited violation--Procedure--Report to state's attorney.

26-7A-126. Law enforcement treatment as juvenile cited violation--Procedure--Report to state's attorney.
The following allegations of delinquency and children in need of supervision shall be treated as juvenile cited violations by law enforcement:
(1)Petty theft in the second degree pursuant to §22-30A-17.3;
(2)Intentional damage to property, four hundred dollars or less, pursuant to §22-34-1;
(3)Purchase, possession, or consumption of alcoholic beverage by person under twenty-one years pursuant to §35-9-2 in accordance with subdivision 26-8B-2(5); and
(4)Truancy pursuant to subdivision 26-8B-2(1).
The issuing officer shall notify the child and the child's parent, guardian, or custodian that a hearing on the citation for a cited violation shall be held before a judicial circuit court judge within ten days of issuance of the citation or on the next available court date and be treated as a confidential juvenile matter. The hearing shall be held pursuant to §26-7A-36 and the case records shall be treated as confidential consistent with the provisions of §§26-7A-114, 26-7A-115, 26-7A-116, 26-7A-120, and 26-7A-27. A cited violation is not an adjudication or a child in need of supervision or delinquency proceeding. In lieu of a citation, pursuant to subdivision 26-7A-126(4), a school official may file a report with the state's attorney. A report may also be filed with the state's attorney in lieu of a citation if the conduct occurs in conjunction with another offense that is not subject to the juvenile cited violation process.
Source:
SL 2015, ch 152, §37, eff. Jan. 1, 2016; SL 2017, ch 115, §3, eff. Mar. 13, 2017.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-127 - Action by state's attorney for juvenile cited violation.

26-7A-127. Action by state's attorney for juvenile cited violation.
If a state's attorney is informed that a citation or report has been issued for a juvenile cited violation, the state's attorney may take any action permitted pursuant to §26-7A-10, except that a state's attorney may only file a petition pursuant to subdivision 26-7A-10(5) if:
(1)The child is cited or a report is filed pursuant to subdivision 26-7A-126(1), (2), or (4); or
(2)The child is cited pursuant to subdivision 26-7A-126(3), and has two or more prior judgments for the same violation.
If the state's attorney intends to proceed on a petition for a violation of the provisions in §26-7A-126 pursuant to subdivision (1) or (2) in this section, the provisions of §26-7A-11.1 apply.
Source:
SL 2015, ch 152, §38, eff. Jan. 1, 2016; SL 2017, ch 115, §4, eff. Mar. 13, 2017.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-128 - Admission or denial of alleged juvenile cited violation--Procedure.

26-7A-128. Admission or denial of alleged juvenile cited violation--Procedure.
If the state's attorney elects to proceed on the citation pursuant to subdivision 26-7A-10(3), the child shall be asked for an admission or denial of the alleged violation. If the child admits to the violation, the court shall accept the admission and enter a judgment pursuant to §26-7A-129. If the child denies committing the violation, the case may be tried according to procedure adopted by the presiding judge of each judicial circuit and approved by the Supreme Court, but a jury trial may not be granted.
If the child fails to appear in court at the time set in the citation or set by subsequent postponement, the court may either issue a summons to appear and set a new date for hearing to show cause, the court may consider that failure to appear constitutes an admission to the allegations contained in the complaint and may accordingly enter a judgment for payment, or may grant permission to the state's attorney to file a petition pursuant to subdivision 26-7A-10(5).
If the child fails to comply with the terms of the judgment, the court may issue a summons to appear and show cause, or assess against the child's parents or guardians the amount of the citation and any restitution owed pursuant to §26-7A-129 or may grant permission to the state's attorney to file a petition pursuant to subdivision 26-7A-10(5).
Source:
SL 2015, ch 152, §39, eff. Jan. 1, 2016; SL 2016, ch 146, §2, eff. Mar. 25, 2016; SL 2017, ch 115, §5, eff. Mar. 13, 2017.