reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-14 - Temporary care of child by caretaker designated by court--Limitation of temporary custody--Release.

26-7A-14. Temporary care of child by caretaker designated by court--Limitation of temporary custody--Release.
An apparent abused or neglected child taken into temporary custody and not released to the child's parents, guardian, or custodian may be placed in the temporary care of the Department of Social Services, foster care, or a shelter as designated by the court to be the least restrictive alternative for the child. A child apparently in need of supervision or an apparent delinquent child taken into temporary custody and not released to the child's parents, guardian, or custodian may be placed in foster care, shelter, or detention as designated by the court to be the least restrictive alternative for the child. The temporary caretaker of the child shall promptly notify the state's attorney of the child's placement.
No child may be held in temporary custody longer than forty-eight hours, or twenty-four hours pursuant to §26-8B-3, excluding Saturdays, Sundays, and court holidays, unless a temporary custody petition for an apparent abuse or neglect case or other petition has been filed, the child is within the jurisdiction of the court and the court orders longer custody during a noticed hearing or a telephonic hearing.
The court may at any time order the release of a child from temporary custody without holding a hearing, either with or without restriction or condition or upon written promise of the child's parents, guardian, or custodian regarding the care and protection of an apparent abused or neglected child or regarding custody and appearance in court of an apparent child in need of supervision or an apparent delinquent child at a time, date, and place to be determined by the court.
Provisions of this chapter on temporary custody do not abrogate or limit the authority of the court to order temporary custody of any child during any noticed hearing after an action has been commenced.
Source:
SDC 1939, §43.0309 as added by SL 1968, ch 164, §7; SL 1979, ch 171, §5A; SL 1989, ch 228, §2; SL 1991, ch 217, §18B; SDCL Supp, §26-8-23.1; SL 1992, ch 184; SL 1994, ch 219, §4; SL 2008, ch 135, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-15 - Notice to parents, guardian, or custodian of child taken into temporary custody--Notice of hearing--Information to Indian custodian or designated tribal agent--Failure to notify.

26-7A-15. Notice to parents, guardian, or custodian of child taken into temporary custody--Notice of hearing--Information to Indian custodian or designated tribal agent--Failure to notify.
The officer or party who takes a child into temporary custody, with or without a court order, except under a court order issued during a noticed hearing after an action has been commenced, shall immediately, without unnecessary delay in keeping with the circumstances, inform the child's parents, guardian, or custodian of the temporary custody and of the right to a prompt hearing by the court to determine whether temporary custody should be continued. If the child's parents, guardian, or custodian cannot be located after reasonable inquiry, the officer or party taking temporary custody of the child shall report that fact and the circumstances immediately to the state's attorney. The state's attorney shall notify the child's parents, guardian, or custodian, without unnecessary delay, of the time, date, and place of the temporary custody hearing. If the temporary custody hearing concerns an apparent abused or neglected Indian child, the state's attorney or Department of Social Services shall make reasonable efforts to inform the Indian custodian and the designated tribal agent for the Indian child's tribe, if known, of the time, date, and place of the temporary custody hearing. The information regarding the temporary custody hearing may be provided to the Indian custodian or the designated tribal agent orally or in writing, including by telephone or facsimile. The hearing shall be held within forty-eight hours if it concerns any apparent abused or neglected child or if it concerns any apparent delinquent child pursuant to §26-8C-3 or within twenty-four hours if it concerns any apparent child in need of supervision pursuant to §26-8B-3, excluding Saturdays, Sundays, and court holidays, after taking the child into temporary custody, unless extended by order of the court. Failure to notify the child's parents, guardian, or custodian, or to inform the Indian custodian or the designated tribal agent, of the temporary custody hearing is not cause for delay of the hearing if the child is represented by an attorney at the hearing. As used in this section, the terms, Indian child, Indian custodian, and Indian child's tribe, are defined as in 25 U.S.C. §1903, as amended to January 1, 2005.
Source:
SDC 1939, §43.0320 as enacted by SL 1968, ch 164, §14; SL 1979, ch 171, §2; SL 1989, ch 226, §2; SL 1991, ch 217, §19B; SDCL Supp, §26-8-19.2; SL 2001, ch 138, §1; SL 2003, ch 149, §12; SL 2005, ch 139, §1; SL 2006, ch 144, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-15.3 - Designated tribal agent defined.

26-7A-15.3.Designated tribal agent defined.
As used in this chapter, the term, designated tribal agent, means the agent, agency, or entity designated by the tribe, through tribal code or resolution, to receive notices of child custody proceedings subject to the Indian Child Welfare Act. The tribe may provide, in writing, to the director of the Division of Child Protection Services, Department of Social Services, the name or title, address, telephone number, and facsimile number, if applicable, of the designated agent. The department shall make the information available electronically by posting the information on the department's website not later than ten business days after the information is received by the director. If a tribe does not designate a tribal agent for receipt of notice, notice shall be given in accordance with 25 C.F. R. 23.12.
Source:
SL 2006, ch 144, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-16 - Child held until released by court.

26-7A-16. Child held until released by court.
Notwithstanding §26-7A-14, an apparent, alleged, or adjudicated abused or neglected child, child in need of supervision, or delinquent child may be held in temporary custody until released by order of the court.
Source:
SDC 1939, §43.0320 as enacted by SL 1968, ch 164, §14; SL 1979, ch 171, §3; SL 1989, ch 226, §3; SL 1991, ch 217, §20B; SDCL Supp, §26-8-19.3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-17 - Notice to state's attorney of child taken into temporary custody--Written report--Notice to court.

26-7A-17. Notice to state's attorney of child taken into temporary custody--Written report--Notice to court.
The officer or party who takes a child into temporary custody, with or without a court order, except under a court order issued during a noticed hearing after an action has been commenced, shall notify the state's attorney at the earliest opportunity of the time the child was taken into temporary custody and the location of the child. The officer or party shall also file a written report promptly with the state's attorney stating the facts which caused placement of the child in temporary custody, the identity and age of the child, available information about identities and locations of the child's parents, guardian, or custodian and if the parties were notified of the action. The state's attorney shall promptly notify the court.
Source:
SDC 1939, §43.0320 as enacted by SL 1968, ch 164, §14; SL 1979, ch 171, §4; SL 1989, ch 226, §4; SL 1991, ch 217, §21B; SDCL Supp, §26-8-19.4.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-18 - Temporary custody hearing--Best interests of child--Conducted telephonically.

26-7A-18. Temporary custody hearing--Best interests of child--Conducted telephonically.
At the temporary custody hearing the court shall consider the evidence of the need for continued temporary custody of the child in keeping with the best interests of the child. The temporary custody hearing may be conducted telephonically when necessary as determined by the court.
Source:
SL 1991, ch 217, §22.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-19 - Options of court following temporary custody hearing for abused or neglected child.

26-7A-19. Options of court following temporary custody hearing for abused or neglected child.
If the child is an apparent, alleged, or adjudicated abused or neglected child, after the temporary custody hearing the court may:
(1)Order the release of the child from temporary custody, either with or without restriction or condition or upon written promise of the child's parents, guardian, or custodian regarding the care and protection of the child; or
(2)Continue the temporary custody of the child under the terms and conditions for duration and placement that the court requires, including placement of temporary custody of the child with the Department of Social Services, in foster care or shelter. The court and the Department of Social Services shall give placement preference to a relative, custodian, or an individual, not related by birth, adoption, or marriage to the child but who has an emotionally significant relationship with the child, who is available and who has been determined by the department to be qualified, provided that placement with that relative, custodian, or individual is in the best interest of the child. If temporary custody of the child is continued by the court, the court may provide for visitation of the child by the child's parents, guardian, custodian, or family members in keeping with the best interests of the child. If the child is in temporary custody of the Department of Social Services and has not been adjudicated as an abused or neglected child, the court shall review the child's temporary custody placement at least once every sixty days.
As used in this section, the term, relative, means an adult who is related to the child by blood, adoption, or marriage, and who is the child's grandparent, aunt, uncle, sibling, brother-in-law, sister-in-law, niece, nephew, great grandparent, great uncle, great aunt, first cousin, second cousin, stepparent, or stepsibling.
As used in this section, the term, custodian, means an adult who is the biological parent, adoptive parent, or guardian of the child's sibling or half-sibling.
Source:
SL 1991, ch 217, §22A; SL 2005, ch 140, §1; SL 2018, ch 165, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-19.1 - Preference for placement of abused or neglected child with relatives after hearing.

26-7A-19.1. Preference for placement of abused or neglected child with relatives after hearing.
Subsequent to a temporary custody hearing, if a placement is made of an apparent, alleged, or adjudicated abused or neglected child, placement preference shall be given to a relative entitled to placement under §26-7A-19.
Source:
SL 2005, ch 140, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-19.2 - Action by division when relative desires to take temporary or permanent placement of abused or neglected child.

26-7A-19.2. Action by division when relative desires to take temporary or permanent placement of abused or neglected child.
If a family service specialist employed by the Division of Child Protection Services within the department is contacted by a relative about the relative's desire to take temporary or permanent placement of an alleged or adjudicated abused or neglected child who has been removed from the child's parent, guardian, or custodian, the division shall document the contact in the child's file. The division shall send information to the relative within five business days informing the relative of the steps required in order for the relative to be considered for placement. The information shall be sent by first class mail to the last known address of the relative. Nothing in this section prohibits the division from contacting any other person or agency regarding placement of the child.
Source:
SL 2008, ch 136, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-20 - Release of child in need of supervision after temporary custody hearing--Exceptions.

26-7A-20. Release of child in need of supervision after temporary custody hearing--Exceptions.
If the child is an apparent, alleged, or adjudicated child in need of supervision, after the temporary custody hearing the court shall release the child from temporary custody to the child's parents, guardian, or custodian, with or without restriction or condition or upon written promise of the parents, guardian, or custodian regarding care and supervision of the child, unless the court finds that the child should continue to be held in temporary custody for any of the following reasons:
(1)The child has failed to comply with court services or a court-ordered program;
(2)The child is being held for another jurisdiction as a parole or probation violator, as a runaway, or as a child under other court-ordered detention;
(3)The child has a demonstrated propensity to run away from the child's home, from court-ordered placement outside of the child's home, or from agencies charged with providing temporary care for the child;
(4)The child is under court-ordered home detention in this jurisdiction;
(5)There are specific, articulated circumstances which justify the detention for the protection of the child from potentially immediate harm to the child's self or to others; or
(6)The child is a material witness, the detention is necessary because of implications of tampering with the child, and an affidavit so stating is filed with the court.
An apparent, alleged, or adjudicated child in need of supervision may not be placed in detention for longer than twenty-four hours after the temporary custody hearing unless the child has been accused of or has been found in violation of a valid court order as provided in § 26-8B-3.
Source:
SL 1991, ch 217, §22B; SL 1994, ch 219, §5; SL 1995, ch 148, §6; SL 1996, ch 172, §4; SL 2003, ch 149, §13; SL 2021, ch 120, § 3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-21 - Release of delinquent child after temporary custody hearing--Exceptions.

26-7A-21. Release of delinquent child after temporary custody hearing--Exceptions.
If the child is an apparent, alleged, or adjudicated delinquent child, after the temporary custody hearing the court shall release the child from temporary custody to the child's parents, guardian, or custodian, with or without restriction or condition or upon written promise of the child's parents, guardian, or custodian regarding the custody and supervision of the child and the subsequent appearance of the child in court at a time, date, and place to be determined by the court, unless the court finds that the child should continue to be held in temporary custody of court services for any of the following reasons:
(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 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 at 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 still under the influence of alcohol, inhalants, or a controlled drug or substance; or
(8)The child has failed to comply with court services or a court ordered program.
Source:
SL 1991, ch 217, §22C; SL 1995, ch 148, §7; SL 1996, ch 172, §5; SL 1997, ch 158, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-22 - Temporary custody not an arrest.

26-7A-22. Temporary custody not an arrest.
The taking of any child into temporary custody under this chapter or chapter 26-8A, 26-8B, or 26-8C is not an arrest and does not constitute a police record.
Source:
SDC 1939, §43.0320 as enacted by SL 1968, ch 164, §14; SL 1991, ch 217, §23B; SDCL, §26-8-19.7.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-23 - Temporary care, shelter, or detention facilities maintained by board of county commissioners.

26-7A-23. Temporary care, shelter, or detention facilities maintained by board of county commissioners.
A board of county commissioners may provide and maintain at public expense temporary care, shelter, or detention facilities, sight and sound separated from adult prisoners, where children coming within the provisions of this chapter or chapter 26-8A, 26-8B, 26-8C, or §§26-11A-13 and 26-11A-14, may, if necessary or appropriate, be placed for temporary care, temporary custody, shelter, or detention as designated by the court, or temporary detention or shelter by the Department of Corrections. Sections 26-11A-19 and 26-7A-94 governs the costs of custodial care of children.
Source:
SDC 1939, §43.0309; SL 1961, ch 213, §2; SL 1968, ch 164, §7; SL 1991, ch 217, §30B; SDCL, §26-8-26; SL 1996, ch 172, §70; SL 1997, ch 158, §6; SL 2003, ch 149, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-24 - Intercounty contracts for use of facilities.

26-7A-24. Intercounty contracts for use of facilities.
If a board of county commissioners provides and maintains temporary care, shelter, or detention facilities under §26-7A-23, the board may contract or enter into an agreement under the authority of chapter 1-24 with the board of county commissioners of other counties of the state to receive the children of other counties who may be ordered to be placed in temporary care, shelter or detention in appropriate facilities under the provisions of this chapter and chapter 26-8A, 26-8B, 26-8C, or §§26-11A-13 and 26-11A-14. The board of county commissioners determines the charges for such services to be paid by the other county, subject to §§26-7A-94 and 26-11A-19, and thereafter shall receive such children in its facilities according to the terms and conditions of the contract or agreement. In addition to the provisions of chapter 1-24, an agreement pursuant to this section may be for any period of time and may provide for liquidated damages to be imposed upon any party withdrawing without the consent of all other parties to the agreement. The liquidated damages, reduced to present value, may not exceed the minimum contribution agreed to by the withdrawing party upon termination of the agreement.
Source:
SDC 1939, §43.0309 as added by SL 1961, ch 213, §2; SL 1968, ch 164, §7; SL 1991, ch 217, §31B; SDCL, §26-8-27; SL 1995, ch 7, §3; SL 1996, ch 172, §71.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-25 - County to care for children pending adjudication.

26-7A-25. County to care for children pending adjudication.
A board of county commissioners shall provide by contract or otherwise for the temporary care, shelter or detention of children under this chapter and chapters 26-8A, 26-8B, and 26-8C pending the adjudication of such children. Section 26-7A-94 governs the payment of custodial costs of children.
Source:
SDC 1939, §43.0309; SL 1961, ch 213, §1; SL 1968, ch 164, §7; SL 1991, ch 217, §32B; SDCL, §26-8-28.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-27 - Police records of children taken into temporary custody--Confidentiality.

26-7A-27. Police records of children taken into temporary custody--Confidentiality.
The records of law enforcement officers and agencies concerning all children taken into temporary custody or issued a summons or citation under this chapter or chapter 26-8A, 26-8B, or 26-8C shall be maintained separately from the records of arrest and any other records regarding detention of adult persons. The records concerning children, including their names, may not be inspected by or disclosed to the public except:
(1)By order of the court;
(2)If the court orders the child to be held for criminal proceedings, as provided in chapter 26-11;
(3)If there has been a criminal conviction and a presentence investigation is being made on an application for probation; or
(4)Any child or the child's parent or guardian may authorize the release of records to representatives of the United States Military for the purpose of enlistment into the military service.
Source:
SDC 1939, §43.0320 as enacted by SL 1968, ch 164, §14; SL 1979, ch 171, §5; SL 1989, ch 226, §5; SL 1991, ch 217, §34B; SDCL Supp, §26-8-19.5; SL 1992, ch 183, §18; SL 1994, ch 157, §6; SL 1994, ch 214.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-28 - Release of information on identity of child prohibited except by court order or when child adjudicated delinquent offender.

26-7A-28. Release of information on identity of child prohibited except by court order or when child adjudicated delinquent offender.
No fingerprint, photograph, name, address, or other information concerning the identity of any child taken into temporary custody or issued a summons under this chapter or chapter 26-8A, 26-8B, or 26-8C may be released or transmitted to the Federal Bureau of Investigation or any other person or agency except in the following instances:
(1)To the person or party specifically authorized by order of the court; and
(2)To courts, law enforcement agencies, prosecuting attorneys, court services officers, and the Department of Social Services if the child is an adjudicated delinquent offender.
Information regarding an alleged, apparent, or adjudicated abused or neglected child may be released only in accordance with §26-8A-13.
Source:
SDC 1939, §43.0320 as enacted by SL 1968, ch 164, §14; SL 1991, ch 217, §35B; SDCL, §26-8-19.6; SL 1992, ch 183, §§14, 17; SL 1992, ch 185.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-29 - Release of information to persons, agencies, or facilities with legitimate interest in child.

26-7A-29. Release of information to persons, agencies, or facilities with legitimate interest in child.
Notwithstanding §§26-7A-27 and 26-7A-28, information concerning children may be released, pursuant to an order of the court, to persons or agencies who have a legitimate interest in the child, to the child's parents, guardian, or custodian, or to the child's attorney. The Department of Social Services may release information pursuant to provisions of §26-8A-13 regarding apparent, alleged, or adjudicated abused or neglected children. Any correctional or detention facility may release information concerning any child to any other correctional or detention facility that has a legitimate interest in the child.
Source:
SL 1990, ch 194; SL 1991, ch 217, §36B; SDCL Supp, §26-8-19.9; SL 1992, ch 186; SL 1999, ch 133, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-30 - Rights of child and parents, guardian, or custodian--Representation by attorney--Motion for new hearing--Appeal.

26-7A-30. Rights of child and parents, guardian, or custodian--Representation by attorney--Motion for new hearing--Appeal.
The court shall advise the child and the child's parents, guardian, or custodian involved in any action or proceedings under this chapter or chapter 26-8A, 26-8B, or 26-8C of their constitutional and statutory rights, including the right to be represented by an attorney, at the first appearance of the parties before the court. The court shall also advise them of the right of the parties to file, at the conclusion of the proceedings, a motion for a new hearing and, if the motion is denied, the right to appeal according to the rules of appellate procedure governing civil actions.
Source:
SDC 1939, §43.0309 as added by SL 1968, ch 164, §7; SL 1991, ch 217, §37B; SDCL, §26-8-22.3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-31 - Court appointed attorney--Compensation.

26-7A-31. Court appointed attorney--Compensation.
If the child or the child's parents, guardian, or other custodian requests an attorney in proceedings under this chapter or chapter 26-8A, 26-8B, or 26-8C and if the court finds the party to be without sufficient financial means to employ an attorney, the court shall appoint an attorney for the party. The court may appoint an attorney for any child or any party to the proceedings without request of the party if the court deems representation by an attorney necessary to protect the interests of the party. Reasonable and just compensation for services of a court-appointed attorney and for necessary expenses and costs incident to the proceedings shall be determined by the court within guidelines established by the presiding judge of the circuit court and shall be paid by the county in which the action is being conducted according to the manner prescribed by the court. If the court-appointed attorney is a party to a contract with the county to provide indigent counsel pursuant to subdivision 23A-40-7(3), the compensation for that attorney shall be that which the attorney would receive under the contract. This section does not preclude the court from appointment of an attorney for a child as required by provisions of chapter 26-8A.
Source:
SDC 1939, §43.0309 as added by SL 1968, ch 164, §7; SL 1991, ch 217, §38B; SDCL §26-8-22.2; SL 2010, ch 139, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-32 - Lien against property of parents for payment of court-appointed attorney--Exceptions--Limitation.

26-7A-32. Lien against property of parents for payment of court-appointed attorney--Exceptions--Limitation.
There is hereby created a lien, enforceable as provided in chapter 23A-40, upon all the property, both real and personal, of the parents, jointly or severally, of any child involved in proceedings under this chapter or chapter 26-8A, 26-8B, or 26-8C to repay funds paid by the county for a court-appointed attorney for the child's parents or by the county or the state for the child. The county, on behalf of the county or the state, shall have a claim against the parents and their estates, jointly or severally, as provided in chapter 23A-40.
However, except in the case of informal adjustment or suspended imposition of adjudication, no lien or claim against the parents of a child may be created or may arise if the child is not adjudicated to be an abused or neglected child, a child in need of supervision or a delinquent child at the completion of the adjudicatory hearing and the proceedings are terminated.
The lien and claim on the property of the parents of a child pursuant to this section may not exceed one thousand five hundred dollars plus an amount equal to any taxable court costs. This limit does not apply to any claim or lien against the parents of a child adjudicated to be an abused or neglected child.
Source:
SL 1989, ch 227, §1; SL 1991, ch 217, §39B; SDCL Supp, §26-8-22.14; SL 2002, ch 122, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-32.1 - Definition of terms regarding competency of juvenile.

26-7A-32.1. Definition of terms regarding competency of juvenile.
Terms used in this chapter mean:
(1)"Mental illness," any diagnosable mental impairment supported by the most current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association;
(2)"Developmental disability," a disability as defined by §27B-1-18; and
(3)"Approved facility," a facility as defined by §23A-10A-13.
Source:
SL 2013, ch 121, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-32.2 - Incompetent juvenile not subject to chapters 26-8B or 26-8C.

26-7A-32.2. Incompetent juvenile not subject to chapters 26-8B or 26-8C.
A juvenile cannot be the subject of a proceeding under chapters 26-8B or 26-8C while incompetent to proceed.
Source:
SL 2013, ch 121, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-32.3 - Raising issue of competency.

26-7A-32.3. Raising issue of competency.
The issue as to a juvenile's competency to proceed may be raised by the juvenile, by the state, or sua sponte by the court at any point in the juvenile proceeding if there is reasonable cause to believe the juvenile is suffering from a mental illness or developmental disability rendering the juvenile incompetent to proceed. The term, incompetent to proceed, is defined by §23A-10A-1.
Source:
SL 2013, ch 121, §3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-32.4 - Competency examination.

26-7A-32.4. Competency examination.
If the court determines that a competency determination is necessary, the court shall order the juvenile be examined by a licensed psychiatrist or psychologist who is familiar with the clinical evaluation of juveniles. The examination shall take place within thirty days of the court's order unless good cause is shown for a delay.
Source:
SL 2013, ch 121, §4.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-32.5 - Suspension of proceeding pending competency determination.

26-7A-32.5. Suspension of proceeding pending competency determination.
Pending an examination ordered pursuant to §26-7A-32.4, the court shall suspend the proceeding pending the outcome of a competency determination hearing pursuant to §26-7A-32.7. Suspension of the proceeding does not affect the court's ability to detain or release the juvenile.
Source:
SL 2013, ch 121, §5.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-32.6 - Examiner's report.

26-7A-32.6. Examiner's report.
The provisions of this section govern criteria for the examiner's report in order to assist the court's determination of competency. The examiner's report shall address the juvenile's capacity and ability to:
(1)Understand the allegations of the petition;
(2)Understand the nature of the adversarial process including:
(a)A factual understanding of the participants in the juvenile's proceeding, including the judge, juvenile's counsel, attorney for the state, and mental health expert; and
(b)A rational understanding of the role of each participant in the juvenile's proceeding;
(3)Understand the range of possible dispositions that may be imposed in the proceedings against the juvenile;
(4)Disclose to counsel facts pertinent to the proceedings at issue and to assist in the juvenile's defense;
(5)Testify at proceedings; and
(6)Demonstrate any other capacity or ability either separately sought by the court or determined by the examiner to be relevant to the court's determination.
In assessing the juvenile's competency, the examiner shall compare the juvenile being examined to juvenile norms for a juvenile of a similar age and the juvenile's level of developmental skills. The examiner shall also determine and report whether the juvenile suffers from a mental illness or developmental disability as defined in §26-7A-32.1. The examiner's report shall state an opinion whether there exists a substantial probability that the deficiencies related to competence identified in the report, if any, can be ameliorated or will continue to exist in the foreseeable future.
If the examiner determines that the juvenile suffers from a mental illness, the examiner shall provide the following information:
(1)The prognosis for recovery from the mental illness; and
(2)Whether the juvenile is taking any medication and, if so, what medication.
Source:
SL 2013, ch 121, §6.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-32.7 - Competency determination hearing.

26-7A-32.7. Competency determination hearing.
Following receipt of the competency evaluation report from the examiner, the court shall provide copies of the report to the parties and hold a competency determination hearing. If the court finds that the juvenile is competent to proceed, the court shall set a time for the resumption of the proceedings. If the court is not satisfied that the juvenile is competent to proceed, the court shall determine how to proceed pursuant to §§26-7A-32.11 and 26-7A-32.12.
Source:
SL 2013, ch 121, §7.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-32.8 - Burden of proving competence.

26-7A-32.8. Burden of proving competence.
If the juvenile, state, or court asserts that a juvenile is not competent to proceed, the state has the burden of proving the competence of the juvenile by a preponderance of the evidence.
Source:
SL 2013, ch 121, §8.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-32.9 - Statements by juvenile during competency evaluation not admissible.

26-7A-32.9. Statements by juvenile during competency evaluation not admissible.
Statements made by the juvenile in the course of a competency evaluation may not be admitted as evidence in the adjudicatory stage for the purpose of proving any alleged delinquent act.
Source:
SL 2013, ch 121, §9.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-32.10 - Competency may be revisited upon transfer to adult court.

26-7A-32.10. Competency may be revisited upon transfer to adult court.
Notwithstanding a finding by the court that the juvenile is competent to proceed in a juvenile proceeding, if the juvenile is subsequently transferred to adult court the issue of the juvenile's competency may be revisited.
Source:
SL 2013, ch 121, §10.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-32.12 - Procedure upon finding that juvenile not competent to proceed and probably will not be competent in foreseeable future.

26-7A-32.12. Procedure upon finding that juvenile not competent to proceed and probably will not be competent in foreseeable future.
If, following the competency determination hearing provided in §26-7A-32.7, the court finds that the juvenile is not competent to proceed and that there does not exist a substantial probability that the juvenile will be competent in the foreseeable future, the court shall review the juvenile's condition to determine appropriate placement and upon notice to the state shall dismiss the petition or, if post-adjudication, shall vacate the adjudication order and dismiss the petition.
Source:
SL 2013, ch 121, §12.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-33 - Priority in scheduling hearings and trials.

26-7A-33. Priority in scheduling hearings and trials.
In scheduling hearings and trials, the court shall give priority to proceedings concerning a child who is in temporary custody or who has otherwise been removed from the home of the child's parents, guardian, or custodian before a final disposition has been made in the proceedings affecting the child.
Source:
SDC 1939, §43.0327 as added by SL 1968, ch 164, §16; SL 1991, ch 217, §40B; SDCL, §26-8-23.2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-34 - Conduct of hearings.

26-7A-34. Conduct of hearings.
Hearings under this chapter and chapters 26-8A, 26-8B, and 26-8C shall be conducted as follows:
(1)Adjudicatory hearings shall be conducted in accordance with rules of civil procedure under chapter 15-6, except as otherwise provided in this chapter; and
(2)Dispositional hearings and all other hearings shall be tried to the court and shall be conducted and designed to inform the court fully of the exact status of the child and to ascertain the history, environment and past and present physical, mental and moral condition of the child and of the child's parents, guardian, or custodian.
Source:
SDC 1939, §43.0327; SL 1968, ch 164, §16; SL 1991, ch 217, §41B; SDCL, §26-8-30.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-35 - Record of hearings.

26-7A-35. Record of hearings.
A verbatim record shall be taken of all hearings, except telephonic temporary custody hearings held pursuant to §26-7A-13, under this chapter and chapters 26-8A, 26-8B, and 26-8C.
Source:
SDC 1939, §43.0327 as added by SL 1968, ch 164, §16; SL 1991, ch 217, §42B; SDCL, §26-8-32.4; SL 1992, ch 183, §5.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-36 - Hearings closed unless court compelled otherwise--Exceptions.

26-7A-36. Hearings closed unless court compelled otherwise--Exceptions.
All hearings in actions under this chapter and chapter 26-8A, 26-8B, or 26-8C are closed unless the court finds compelling reasons to require otherwise. However, all pleadings and hearings shall be open and a matter of public record if a juvenile is summoned into court for an offense which if committed by an adult would constitute a crime of violence as defined in subdivision 22-1-2(9) or a crime involving a drug offense in violation of §22-42-2 or 22-42-3, and at the time of the offense the juvenile was sixteen years of age or older.
Source:
SDC 1939, §43.0327; SL 1968, ch 164, §16; SL 1991, ch 217, §45B; SDCL, §26-8-32; SL 1996, ch 174.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-36.1 - Attendance at juvenile hearings by crime victims.

26-7A-36.1. Attendance at juvenile hearings by crime victims.
Notwithstanding the provisions of §26-7A-36, the victim of any act of juvenile delinquency may attend all hearings involving the juvenile. The term, victim, means a person who is defined as a victim in subdivision 22-1-2(53) or in §23A-28C-4, or, if the victim is a child, the victim's parents, guardian, or custodian. The court may exclude a victim from a hearing if the court finds compelling reasons. The court may also sequester a victim who is a witness. The state's attorney shall notify the victim of the time and place of hearings involving the juvenile.
Source:
SL 1996, ch 175.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-37 - Persons authorized to inspect or receive copies of records of court proceedings.

26-7A-37. Persons authorized to inspect or receive copies of records of court proceedings.
Records of court proceedings, including reports of the Department of Social Services, records and reports of court services officers, clinical studies, and evaluation reports, under this chapter and chapters 26-8A, 26-8B, and 26-8C shall be open to inspection by or disclosure to the child's parents, guardian, or custodian and by other respondent parties involved in the proceedings, their attorneys, the child's attorney and by any department or agency having custody of the child.
Pursuant to court order, records of court proceedings may be inspected by or disclosed to the child, by parties having a legitimate interest in the proceedings and by parties conducting pertinent research studies.
Source:
SDC 1939, §43.0327; SL 1968, ch 164, §16; SL 1991, ch 217, §46B; SDCL §26-8-33; SL 2010, ch 140, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-38 - Protection of identity of witnesses--Violation creates cause of action for civil damages--Contempt.

26-7A-38. Protection of identity of witnesses--Violation creates cause of action for civil damages--Contempt.
The name, picture, place of residence, or identity of any child, parent, guardian, custodian, or any person appearing as a witness in proceedings under this chapter or chapter 26-8A, 26-8B, or 26-8C may not be published or broadcast in any news media or given any other publicity, unless for good cause it is specifically permitted by order of the court. Violation of this section creates a cause of action for civil damages on behalf of the child and is subject to the same punishment as contempt of court.
Source:
SDC 1939, §§43.0301, 43.0327; SL 1968, ch 164, §16; SL 1991, ch 217, §47B; SDCL, §26-8-34.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-39 - Compulsory process for attendance of defense witnesses.

26-7A-39. Compulsory process for attendance of defense witnesses.
A parent or guardian shall be entitled to the issuance of compulsory process for the attendance of witnesses on his own behalf or on behalf of the child. Upon application to the court, compulsory process shall be issued for the attendance of witnesses on behalf of the child.
Source:
SDC 1939, §43.0327 as added by SL 1968, ch 164, §16; SDCL, §26-8-32.1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-40 - Witness fees and expenses.

26-7A-40. Witness fees and expenses.
The court may authorize the payment of witness fees and necessary travel expenses incurred by persons summoned or otherwise required to appear at hearings under this chapter and chapter 26-8A, 26-8B, or 26-8C. Payment may not exceed the amount allowed to witnesses in the circuit court under the rules of civil procedure.
Source:
SDC 1939, §43.0327 as added by SL 1968, ch 164, §16; SL 1991, ch 217, §49B; SDCL, §26-8-32.2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-41 - Physical and mental health examination--Placement in suitable facility--Report.

26-7A-41. Physical and mental health examination--Placement in suitable facility--Report.
The court may require an apparent, alleged, or adjudicated abused or neglected child, child in need of supervision, or delinquent child under jurisdiction of the court to be examined by a physician or qualified mental health professional. The court may place the child in a hospital or other suitable facility for that purpose and direct that an examination or evaluation report be submitted to the court. The court may consider the report at any adjudicatory or dispositional hearing.
Source:
SDC 1939, §43.0327 as added by SL 1968, ch 164, §16; SL 1991, ch 217, §50B; SDCL, §26-8-22.12.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-42 - Court-ordered protection, support or dental, medical or surgical treatment--Parental consent--Costs.

26-7A-42. Court-ordered protection, support or dental, medical or surgical treatment--Parental consent--Costs.
Prior to or following adjudication or disposition of a child under the courts jurisdiction, the court may issue orders providing for any protection, support, or dental, medical, or surgical treatment of an alleged or adjudicated abused or neglected child, child in need of supervision, or delinquent child that the court deems to be in the best interests of the child.
The state shall make a reasonable effort to obtain parental consent to treatment of a child under this section. However, lack of parental consent does not abrogate the authority of the court to order treatment if an emergency need exists or if there is a compelling need for treatment for the protection, well-being or safety of the child. Effort by the state to obtain parental consent to treatment of a child is not required if the child is in temporary custody or if the child's parents, guardian, or custodian are not immediately available.
The court may issue such orders as necessary and appropriate to secure the payment of the costs of treatment of the child under this section by the child's parents or other parties responsible for the care, support, and maintenance of the child, by the county, by the party having custody of the child or by any combination of them.
Source:
SDC 1939, §43.0314; SL 1968, ch 164, §11; SL 1991, ch 217, §51B; SDCL, §26-8-43.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-43 - Petition alleging abused or neglected child, child in need of supervision or delinquent child--Required information--Verification.

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