reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 11A - Juvenile Correctional Facilities And Programs › Section 26-11A-30 - Disclosure of identities of juveniles or others requesting assistance not required--Identity of person reporting to monitor to remain confidential.

26-11A-30. Disclosure of identities of juveniles or others requesting assistance not required--Identity of person reporting to monitor to remain confidential.
For purposes of any audit, report, evaluation, or public testimony that may be permitted or required under §§26-11A-24 to 26-11A-33, inclusive, no disclosure of the identity of, or any other personally identifiable information related to, any juvenile or any individual requesting assistance under §§26-11A-24 to 26-11A-33, inclusive, shall be required. The identity of the person making a report to the monitor shall be kept confidential.
Source:
SL 2000, ch 128, §7.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 11A - Juvenile Correctional Facilities And Programs › Section 26-11A-31 - Knowingly hindering actions of monitor as misdemeanor.

26-11A-31. Knowingly hindering actions of monitor as misdemeanor.
A person who knowingly hinders the lawful actions of the monitor is guilty of a Class 1 misdemeanor.
Source:
SL 2000, ch 128, §8.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 11A - Juvenile Correctional Facilities And Programs › Section 26-11A-32 - Retaliatory acts against individual who cooperates with monitor prohibited--Violation as misdemeanor.

26-11A-32. Retaliatory acts against individual who cooperates with monitor prohibited--Violation as misdemeanor.
No state agency nor any individual acting for a state agency may take any adverse action against an individual in retaliation because the individual cooperated with or provided information to the monitor. A violation of this section is a Class 1 misdemeanor.
Source:
SL 2000, ch 128, §9.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 11A - Juvenile Correctional Facilities And Programs › Section 26-11A-33 - Identities of persons or agencies reporting to monitor to remain confidential.

26-11A-33. Identities of persons or agencies reporting to monitor to remain confidential.
The identity of the juvenile and of any person or agency making a report to the monitor shall be kept confidential.
Source:
SL 2000, ch 128, §10.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 11A - Juvenile Correctional Facilities And Programs › Section 26-11A-33.1 - Confidential report of allegations of abuse and neglect within private contracted facilities.

26-11A-33.1. Confidential report of allegations of abuse and neglect within private contracted facilities.
The secretary of the Department of Corrections shall compile a confidential report of all allegations of abuse and neglect of individuals under the jurisdiction of the Department of Corrections within private contracted facilities. The secretary shall provide the report to the Government Operations and Audit Committee no later than July thirty-first of each calendar year.
Source: SL 2017, ch 119, §2; SL 2023, ch 89, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 11A - Juvenile Correctional Facilities And Programs › Section 26-11A-34 - Records to be provided to the court and Department of Social Services.

26-11A-34. Records to be provided to the court and Department of Social Services.
File material concerning a child under the jurisdiction of the Department of Corrections shall be provided, upon request, to the Department of Social Services for the purposes of developing family service agreements and dispositional recommendations and to the court for use at the disposition.
Source:
SL 2007, ch 166, §3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 13 - Interstate Compact On Placement Of Children › Section 26-13-2 - Department as authority to concur in placement of children.

26-13-2. Department as authority to concur in placement of children.
The term, "appropriate public authorities," as used in Article III of the interstate compact on the placement of children shall, with reference to this state, mean the Department of Social Services and said department shall receive and act with reference to notices required by said Article III.
Source:
SL 1974, ch 180, §3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 13 - Interstate Compact On Placement Of Children › Section 26-13-3 - Department as agency for supervision of children placed.

26-13-3. Department as agency for supervision of children placed.
As used in paragraph (a) of Article V of the interstate compact on the placement of children, the term, "appropriate authority in the receiving state," with reference to this state shall mean the Department of Social Services.
Source:
SL 1974, ch 180, §4.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 13 - Interstate Compact On Placement Of Children › Section 26-13-4 - Executive authority--Administration of compact.

26-13-4. Executive authority--Administration of compact.
As used in Article VII of the interstate compact on the placement of children, the term, "executive," shall mean the Governor. The Governor is hereby authorized to appoint a compact administrator in accordance with the terms of said Article VII, and the administration of the compact shall be in the Department of Social Services.
Source:
SL 1974, ch 180, §9.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 13 - Interstate Compact On Placement Of Children › Section 26-13-5 - Financial responsibility for child placement.

26-13-5. Financial responsibility for child placement.
Financial responsibility for any child placed pursuant to the provisions of the interstate compact on the placement of children shall be determined in accordance with the provisions of Article V thereof in the first instance. However, in the event of partial or complete default of performance thereunder, the provisions of chapters 25-7 and 25-9 also may be invoked.
Source:
SL 1974, ch 180, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 13 - Interstate Compact On Placement Of Children › Section 26-13-6 - Supplementary agreements with other states--Approval by commissioner of finance.

26-13-6. Supplementary agreements with other states--Approval by commissioner of finance.
The officers and agencies of this state and its subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to paragraph (b) of Article V of the interstate compact on the placement of children. Any such agreement which contains a financial commitment or imposes a financial obligation on this state or subdivision or agency thereof shall not be binding unless it has the approval in writing of the commissioner of finance and management.
Source:
SL 1974, ch 180, §5.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 13 - Interstate Compact On Placement Of Children › Section 26-13-8 - Placement of child in another state--Retention of jurisdiction by court.

26-13-8. Placement of child in another state--Retention of jurisdiction by court.
Any court having jurisdiction to place delinquent children may place such a child in an institution or in another state pursuant to Article V of the interstate compact on the placement of children and shall retain jurisdiction as provided in Article V thereof.
Source:
SL 1974, ch 180, §8.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 13 - Interstate Compact On Placement Of Children › Section 26-13-9 - Visitation, inspection, and supervision requirements deemed met when performed pursuant to compact.

26-13-9. Visitation, inspection, and supervision requirements deemed met when performed pursuant to compact.
Any requirements for visitation, inspection, or supervision of children, homes, institutions, or other agencies in another party state which may apply under the provisions of this chapter shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this state or a subdivision thereof as contemplated by paragraph (b) of Article V of the interstate compact on the placement of children.
Source:
SL 1974, ch 180, §6.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 14 - Children's Trust Fund › Section 26-14-1 - Creation--Expenditure restricted.

26-14-1. Creation--Expenditure restricted.
The children's trust fund is created as a separate fund in the state treasury. The fund shall be expended only as provided in this chapter.
Source:
SL 1984, ch 194, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 14 - Children's Trust Fund › Section 26-14-2 - Acceptance of contributions.

26-14-2. Acceptance of contributions.
The state treasurer may receive, by gift or devise, contributions, grants, or gifts in cash or otherwise from persons, associations, or corporations to be deposited in the children's trust fund.
Source:
SL 1984, ch 194, §3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 14 - Children's Trust Fund › Section 26-14-3 - Use of fund--Administrative charges prohibited.

26-14-3. Use of fund--Administrative charges prohibited.
The children's trust fund may be used with any other money otherwise annually appropriated or contributed to nonprofit organizations to establish or continue community-based education programs to prevent the occurrence and recurrence of child abuse and neglect. The department may not assess administrative fees or charges against the fund.
Source:
SL 1984, ch 194, §4; SL 1987, ch 196; SL 1995, ch 153, §1; SL 2001, ch 147, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 15 - Voluntary Fingerprinting Programs › Section 26-15-1 - Programs developed by school districts--Private schools.

26-15-1. Programs developed by school districts--Private schools.
Each public school district shall, in coordination with local law enforcement agencies, develop a fingerprinting program for students of elementary and secondary schools. The principal or chief administrator of a nonpublic or parochial school may develop a fingerprinting program for students of the school.
Source:
SL 1985, ch 217, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 15 - Voluntary Fingerprinting Programs › Section 26-15-2 - Purpose--Requirements.

26-15-2. Purpose--Requirements.
Fingerprinting programs shall be developed for the sole purpose of providing a means by which a missing child may be located or identified and shall be operated as follows:
(1)No student or minor may be required to participate in the program;
(2)In order for a student or minor to participate in the program, the parents, custodial parent, legal custodian, or other person responsible for the student or minor shall authorize the student's or minor's participation by signing a form supplied by the school district or principal or chief administrator of the nonpublic school;
(3)The fingerprinting of students or minors shall be performed under the supervision of local law enforcement agencies on forms developed by the school district or nonpublic school and approved by local law enforcement agencies;
(4)All completed fingerprint forms shall be given to the parents, custodial parent, guardian, legal custodian, or other person responsible for a student or minor after the fingerprinting. No copy of a fingerprinting shall be retained by a law enforcement agency, school, school district, or any other person except the student's or minor's parent, guardian, or legal custodian;
(5)The name, sex, height, weight, hair and eye color, and date and place of birth of the student or minor shall be indicated on the fingerprint card or form.
Source:
SL 1985, ch 217, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 15 - Voluntary Fingerprinting Programs › Section 26-15-3 - Periodic offering of program--Notice to parents.

26-15-3. Periodic offering of program--Notice to parents.
The fingerprinting program developed pursuant to this chapter shall be offered on a periodic basis. Parents, guardians, legal custodians, and residents of school districts shall be notified of the program by means of memoranda or letters sent to these persons, by newspaper articles or by other reasonable means.
Source:
SL 1985, ch 217, §3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 15 - Voluntary Fingerprinting Programs › Section 26-15-4 - Other fingerprinting programs unaffected.

26-15-4. Other fingerprinting programs unaffected.
This chapter does not apply to any fingerprinting programs for minors that are provided by private organizations or governmental entities other than school districts.
Source:
SL 1985, ch 217, §4.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 16 - County Interdisciplinary Child Information Teams › Section 26-16-1 - Agreement to form county interdisciplinary child information team--Members.

26-16-1. Agreement to form county interdisciplinary child information team--Members.
The following persons and agencies operating within a county may, by written agreement, form a county interdisciplinary child information team:
(1)The state's attorney;
(2)The county sheriff;
(3)The chief of police of any municipality;
(4)The superintendent or the chief executive officer of any school district;
(5)The Department of Social Services;
(6)The Department of Corrections; and
(7)The administrator of the county teen court.
Source:
SL 2005, ch 143, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 16 - County Interdisciplinary Child Information Teams › Section 26-16-2 - Team voting to allow additional persons to join team--Authorized members.

26-16-2. Team voting to allow additional persons to join team--Authorized members.
The persons and agencies signing a written agreement to form a county interdisciplinary child information team may, from time to time, by majority vote, allow the following persons to sign the written agreement and join the team:
(1)Any physician, psychologist, psychiatrist, nurse, or other provider of medical and mental health care;
(2)Any administrator of any private elementary and secondary school;
(3)Any attorney practicing law in the county; and
(4)Any responsible person that has a legitimate interest in one or more of the children that the team is serving.
Source:
SL 2005, ch 143, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 16 - County Interdisciplinary Child Information Teams › Section 26-16-3 - Auxiliary teams.

26-16-3. Auxiliary teams.
The county interdisciplinary child information team may form one or more auxiliary teams for the purpose of providing service to a single child, a group of children, or specific children with a particular type of problem, or for any other purpose. Each auxiliary team is subject to the written agreement. Each member of an auxiliary team must be a person who has personal knowledge of or experience with some child serviced by the auxiliary team.
Source:
SL 2005, ch 143, §3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 16 - County Interdisciplinary Child Information Teams › Section 26-16-4 - Information sharing in serving child for specified purposes--Confidentiality.

26-16-4. Information sharing in serving child for specified purposes--Confidentiality.
The county interdisciplinary child information team and the written agreement shall facilitate the exchange and sharing of information that one or more team members may be able to use in serving a child in the course of their professions, specialities, interests, or occupations for the purpose of holding each child accountable, ensuring the safety of the child and the community, and providing early intervention to avert more serious problems. Information regarding any child that a team member supplies to other team members is confidential and may not be disseminated beyond the team.
Source:
SL 2005, ch 143, §4.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 16 - County Interdisciplinary Child Information Teams › Section 26-16-5 - Terms of written agreement--Filing.

26-16-5. Terms of written agreement--Filing.
The terms of the written agreement shall provide for the rules under which the team will operate, the method by which information will be shared, distributed, and managed, the means by which the confidentiality of the information will be safeguarded, and any other matters necessary to the purpose and functions of the team. The terms of the written agreement shall also provide how the team will coordinate its efforts with child protection teams as provided in §26-8A-17 and local interagency teams, if any, as provided in §27A-15-54. The written agreement shall be filed with the county auditor.
Source:
SL 2005, ch 143, §5.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 16 - County Interdisciplinary Child Information Teams › Section 26-16-6 - Education records.

26-16-6.Education records.
To the extent that the county interdisciplinary child information team is involved in a proceeding that is held prior to adjudication by a court, the team satisfies the requirements of 20 U.S. C. 1232g(b)(1)(E)(ii)(I) of the Family Educational Rights and Privacy Act of 1974. South Dakota school districts may release education records to the team. The terms of the written agreement, as provided for in §26-16-5, shall include a requirement that the officials and authorities to whom the information is disclosed certify in writing to the school district that is releasing the education records that the education records or information from the education records will not be disclosed to any other party without the prior written consent of the parent or guardian of the student.
Source:
SL 2005, ch 143, §6.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 16 - County Interdisciplinary Child Information Teams › Section 26-16-7 - Immunity from civil liability for team members acting in good faith.

26-16-7. Immunity from civil liability for team members acting in good faith.
Any person serving as a member of a county interdisciplinary child information team as provided in §26-16-1 whose action in facilitating the exchange and sharing of information in serving any child in the course of their professions, specialities, interests, or occupations for the purpose of holding each child accountable, ensuring the safety of the child and the community, and providing early intervention to avert more serious problems, is immune from any civil liability, arising out of any good faith act relevant to participation on any county interdisciplinary child information team, that might otherwise be incurred or imposed.
Source:
SL 2005, ch 143, §7.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 16 - County Interdisciplinary Child Information Teams › Section 26-16-8 - Agreement to include requirement for notice to parent or guardian--Exception.

26-16-8. Agreement to include requirement for notice to parent or guardian--Exception.
Any agreement pursuant to this chapter shall include a requirement for notice to the parent or guardian unless the parent or guardian is the subject of an investigation by one of the participating agencies with respect to the child's conduct or welfare.
Source:
SL 2005, ch 143, §8.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 17 - Missing Children › Section 26-17-1 - Agreement for parent locator service.

26-17-1.Agreement for parent locator service.
The Department of Social Services shall enter into an agreement with the secretary of health and human services as authorized by the Parental Kidnapping Act of 1980, 94 Stat. 3572, 42 U.S. C. 663, as amended, under which the services of the parent locator service established pursuant to Title IV-D of the Social Security Act, 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, shall be made available to this state for the purpose of determining the whereabouts of any absent parent or child in order to enforce any law with respect to the unlawful taking or restraint of a child, or to make or enforce any child custody determination.
Source:
SL 1985, ch 217, §5; SDCL, §22-19-13; SL 2005, ch 120, §§121, 125.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 17 - Missing Children › Section 26-17-2 - Missing child report--Time for law enforcement agency to integrate information into national crime information center computer.

26-17-2. Missing child report--Time for law enforcement agency to integrate information into national crime information center computer.
When a missing child report is made to a law enforcement agency in this state that has jurisdiction in the matter, the law enforcement agency shall gather readily available information about the missing child and integrate such information into the national crime information center computer within twelve hours following the making of the report. The law enforcement agency shall make reasonable efforts to acquire additional information about the missing child following the transmittal of the initially available information and promptly integrate any additional information acquired into such computer systems.
Source:
SL 1985, ch 217, §6; SDCL, §22-19-14; SL 2005, ch 120, §§122, 125.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 17 - Missing Children › Section 26-17-3 - Notice to parents that information integrated into computer.

26-17-3. Notice to parents that information integrated into computer.
Whenever a law enforcement agency integrates information about a missing child into the national crime information center computer, the law enforcement agency shall promptly notify the missing child's parents, custodial parent, guardian, or legal custodian, or any other person responsible for the missing child, of that action.
Source:
SL 1985, ch 217, §7; SDCL, §22-19-15; SL 2005, ch 120, §§123, 125.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 17 - Missing Children › Section 26-17-4 - Information provided about missing child.

26-17-4. Information provided about missing child.
Each parent, custodial parent, guardian, legal custodian, or other person responsible for the missing child shall provide available information upon request, and may provide information voluntarily, to the law enforcement agency during the information gathering process. The law enforcement agency also may obtain available information about the missing child from other persons subject to constitutional and statutory limitations.
Source:
SL 1985, ch 217, §8; SDCL, §22-19-16; SL 2005, ch 120, §§124, 125.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 18 - Uniform Child Abduction Prevention Act › Section 26-18-2 - Definitions.

26-18-2. Definitions.
In this chapter:
(1)"Abduction" means the wrongful removal or wrongful retention of a child.
(2)"Child" means an unemancipated individual who is less than 18 years of age.
(3)"Child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order.
(4)"Child-custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is at issue. The term includes a proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, or protection from domestic violence.
(5)"Court" means an entity authorized under the law of a state to establish, enforce, or modify a child-custody determination.
(6)"Petition" includes a motion or its equivalent.
(7)"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(8)"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe or nation.
(9)"Travel document" means records relating to a travel itinerary, including travel tickets, passes, reservations for transportation, or accommodations. The term does not include a passport or visa.
(10)"Wrongful removal" means the taking of a child that breaches rights of custody or visitation given or recognized under the law of this state.
(11)"Wrongful retention" means the keeping or concealing of a child that breaches rights of custody or visitation given or recognized under the law of this state.
Source:
SL 2007, ch 169, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 18 - Uniform Child Abduction Prevention Act › Section 26-18-3 - Cooperation and communication among courts.

26-18-3. Cooperation and communication among courts.
Sections 26-5B-110, 26-5B-111, and 26-5B-112 apply to cooperation and communications among courts in proceedings under this chapter.
Source:
SL 2007, ch 169, §3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 18 - Uniform Child Abduction Prevention Act › Section 26-18-4 - Actions for abduction prevention measures.

26-18-4. Actions for abduction prevention measures.
(a) A court on its own motion may order abduction prevention measures in a child-custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child.
(b) A party to a child-custody determination or another individual or entity having a right under the law of this state or any other state to seek a child-custody determination for the child may file a petition seeking abduction prevention measures to protect the child under this chapter.
(c) A prosecutor or public authority designated under §26-5B-315 may seek a warrant to take physical custody of a child under §26-18-9 or other appropriate prevention measures.
Source:
SL 2007, ch 169, §4.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 18 - Uniform Child Abduction Prevention Act › Section 26-18-5 - Jurisdiction.

26-18-5. Jurisdiction.
(a) A petition under this chapter may be filed only in a court that has jurisdiction to make a child-custody determination with respect to the child at issue under chapter 26-5B.
(b) A court of this state has temporary emergency jurisdiction under §26-5B-204 if the court finds a credible risk of abduction.
Source:
SL 2007, ch 169, §5.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 18 - Uniform Child Abduction Prevention Act › Section 26-18-6 - Contents of petition.

26-18-6. Contents of petition.
A petition under this chapter must be verified and include a copy of any existing child-custody determination, if available. The petition must specify the risk factors for abduction, including the relevant factors described in §26-18-7. Subject to subsection 26-5B-209(e), if reasonably ascertainable, the petition must contain:
(1)The name, date of birth, and gender of the child;
(2)The customary address and current physical location of the child;
(3)The identity, customary address, and current physical location of the respondent;
(4)A statement of whether a prior action to prevent abduction or domestic violence has been filed by a party or other individual or entity having custody of the child, and the date, location, and disposition of the action;
(5)A statement of whether a party to the proceeding has been arrested for a crime related to domestic violence, stalking, or child abuse or neglect, and the date, location, and disposition of the case; and
(6)Any other information required to be submitted to the court for a child-custody determination under §26-5B-209.
Source:
SL 2007, ch 169, §6.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 18 - Uniform Child Abduction Prevention Act › Section 26-18-9 - Warrant to take physical custody of child.

26-18-9. Warrant to take physical custody of child.
(a) If a petition under this chapter contains allegations, and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child.
(b) The respondent on a petition under subsection (a) must be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not later than the next judicial day unless a hearing on that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible.
(c) An ex parte warrant under subsection (a) to take physical custody of a child must:
(1)Recite the facts upon which a determination of a credible risk of imminent wrongful removal of the child is based;
(2)Direct law enforcement officers to take physical custody of the child immediately;
(3)State the date and time for the hearing on the petition; and
(4)Provide for the safe interim placement of the child pending further order of the court.
(d) If feasible, before issuing a warrant and before determining the placement of the child after the warrant is executed, the court may order a search of the relevant databases of the National Crime Information Center system and similar state databases to determine if either the petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect.
(e) The petition and warrant must be served on the respondent when or immediately after the child is taken into physical custody.
(f) A warrant to take physical custody of a child, issued by this state or another state, is enforceable throughout this state. If the court finds that a less intrusive remedy will not be effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances, the court may authorize law enforcement officers to make a forcible entry at any hour.
(g) If the court finds, after a hearing, that a petitioner sought an ex parte warrant under subsection (a) for the purpose of harassment or in bad faith, the court may award the respondent reasonable attorney's fees, costs, and expenses.
(h) This chapter does not affect the availability of relief allowed under the law of this state other than this chapter.
Source:
SL 2007, ch 169, §9.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 18 - Uniform Child Abduction Prevention Act › Section 26-18-10 - Duration of abduction prevention order.

26-18-10. Duration of abduction prevention order.
An abduction prevention order remains in effect until the earliest of:
(1)The time stated in the order;
(2)The emancipation of the child;
(3)The child's attaining eighteen years of age; or
(4)The time the order is modified, revoked, vacated, or superseded by a court with jurisdiction under §§26-5B-201 to 26-5B-203, inclusive.
Source:
SL 2007, ch 169, §10.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 18 - Uniform Child Abduction Prevention Act › Section 26-18-11 - Uniformity of application and construction.

26-18-11. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Source:
SL 2007, ch 169, §11.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 18 - Uniform Child Abduction Prevention Act › Section 26-18-12 - Relation to Electronic Signatures in Global and National Commerce Act.

26-18-12.Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of the act, 15 U.S.C. Section 7001(c), of that act or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U. S. C. Section 7003(b).
Source:
SL 2007, ch 169, §12.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 01 - Definitions And General Provisions › Section 27A-1-2 - Involuntary commitment.

27A-1-2. Involuntary commitment.
A person is subject to involuntary commitment if:
(1)The person has a severe mental illness;
(2)Due to the severe mental illness, the person is a danger to self or others or has a chronic disability; and
(3)The person needs and is likely to benefit from treatment.
Source:
SL 1966, ch 186, §1; SDCL §§27-3-1, 27-5-1; SL 1975, ch 181, §§1, 45; SDCL Supp, §27-1-1.1; SL 1987, ch 197, §2; SL 1989, ch 21, §49; SL 1991, ch 220, §2; SL 2012, ch 149, §2.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 01 - Definitions And General Provisions › Section 27A-1-3 - Qualified mental health professionals.

27A-1-3. Qualified mental health professionals.
As used in this title, the term, qualified mental health professional, means a physician licensed pursuant to chapter 36-4 or a member of one of the professions listed as follows who is in good standing with any relevant licensing or certification boards:
(1)A psychologist who is licensed to practice psychology in South Dakota;
(2)An advanced practice nurse with at least a master's degree from an accredited education program and either two years or one thousand hours of clinical experience that includes mental health evaluation and treatment;
(3)A certified social worker with a master's degree from an accredited training program and two years of supervised clinical experience in a mental health setting;
(4)A person who has a master's degree in psychology from an accredited program and two years of supervised clinical mental health experience and who meets the provision of subdivision 36-27A-2(2);
(5)A counselor who is certified under chapter 36-32 as a licensed professional counselor--mental health;
(6)A counselor who is certified under chapter 36-32 as a licensed professional counselor and has two years of supervised clinical experience in a mental health setting and who is employed by the State of South Dakota or a mental health center;
(7)A therapist who is licensed under chapter 36-33 as a marriage and family therapist with two years of supervised clinical experience in a mental health setting;
(8)A physician assistant who is licensed under chapter 36-4A and either two years or one thousand hours of clinical experience that includes mental health evaluation and treatment; or
(9)A professional as listed in subdivisions (1) to (8), inclusive, who is employed by the federal government and currently licensed in that profession in another state, in good standing with the licensing board, and acting within the scope of the professional's license.
Except as provided in subdivision (9) and §36-4-20, each qualified mental health professional shall meet all licensing and certification requirements promulgated by the State of South Dakota for persons engaged in private practice of the same profession in South Dakota. However, the private practice licensure requirements for persons referred to in subdivisions (3) and (6) do not apply to those employed by the State of South Dakota, mental health centers, or organizations that have a formal clinical supervision arrangement by an employed person who is licensed at the private practice level.
Source:
SL 1975, ch 181, §§1 (9), 30; SDCL Supp, §§27-1-1.1 (9), 27-1-3.1; SL 1978, ch 193, §1; SL 1987, ch 198, §1; SL 1991, ch 220, §3; SL 1994, ch 222, §§1, 2; SL 1995, ch 226, §5; SL 2003, ch 151, §1; SL 2003, ch 152, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011; SL 2012, ch 149, §3; SL 2013, ch 122, §3.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 01 - Definitions And General Provisions › Section 27A-1-4 - Unlawful confinement of mentally ill as felony or misdemeanor.

27A-1-4. Unlawful confinement of mentally ill as felony or misdemeanor.
Any person who intentionally and wrongfully places or attempts to place any person in a facility for the mentally ill by any method other than as prescribed by law is guilty of a Class 6 felony. Any person who confines any mentally ill person in any other manner or in any other place than is authorized by law, is guilty of a Class 1 misdemeanor.
Source:
SDC 1939, §13.2708; SDCL, §27-1-6; SL 1975, ch 181, §43; SL 1991, ch 220, §4.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 01 - Definitions And General Provisions › Section 27A-1-7 - Training required by department.

27A-1-7. Training required by department.
To complete examinations as part of the emergency commitment process, qualified mental health professionals shall participate in training as required by the Department of Social Services prior to serving in this capacity.
Source:
SL 1994, ch 222, §3; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011; SL 2012, ch 149, §4.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 01 - Definitions And General Provisions › Section 27A-1-9 - Promulgation of rules for training qualified mental health professionals.

27A-1-9. Promulgation of rules for training qualified mental health professionals.
The Department of Social Services shall establish requirements for training qualified mental health professionals on the emergency commitment process and their role regarding performing examinations. The department may require fees to cover the administrative costs associated with the training. The department shall implement this section by rules promulgated pursuant to chapter 1-26.
Source:
SL 1994, ch 222, §5; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011; SL 2012, ch 149, §6.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 01 - Definitions And General Provisions › Section 27A-1-10 - Mental health setting.

27A-1-10. Mental health setting.
A mental health setting is one in which the diagnosis and treatment of mental and emotional disorders is the primary task of the mental health professional. A mental health setting may be a clinic, hospital, social service agency, private professional service provider, residential facility, mental health center, or other entity in which a mental health professional provides diagnosis and treatment of mental and emotional disorders.
Source:
SL 1995, ch 155, §1.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 01 - Definitions And General Provisions › Section 27A-1-12 - Definitions.

27A-1-12. Definitions.
Terms in §§27A-1-12 to 27A-1-17, inclusive, mean:
(1)"Bordering state," Iowa, Minnesota, Montana, Nebraska, North Dakota, or Wyoming;
(2)"Treatment facility," an accredited prevention or treatment facility as defined in §34-20A-2 or an inpatient psychiatric facility as defined in §27A-1-1.
Source:
SL 2004, ch 184, §1.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 01 - Definitions And General Provisions › Section 27A-1-13 - Contract with bordering state for treatment of mental illness or substance use disorder in state facility.

27A-1-13. Contract with bordering state for treatment of mental illness or substance use disorder in state facility.
A bordering state or governmental entity of a bordering state may contract with any appropriate treatment facility in South Dakota for the treatment of mental illness or substance use disorder for residents of the bordering state. However, the contract shall conform to the requirements of §§27A-1-12 to 27A-1-17, inclusive.
Source:
SL 2004, ch 184, §2, eff. Mar. 9, 2004; SL 2016, ch 15, §7.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 01 - Definitions And General Provisions › Section 27A-1-14 - Treatment contracts not allowed for certain persons convicted of criminal offense.

27A-1-14. Treatment contracts not allowed for certain persons convicted of criminal offense.
No contract may be entered into under §§27A-1-12 to 27A-1-17, inclusive, for treatment to any person who:
(1)Is serving a sentence after conviction of a criminal offense;
(2)Is on probation or parole; or
(3)Is the subject of a presentence investigation.
Source:
SL 2004, ch 184, §3.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 01 - Definitions And General Provisions › Section 27A-1-15 - Content of contract for treatment.

27A-1-15. Content of contract for treatment.
Any contract entered into under §§27A-1-12 to 27A-1-17, inclusive, between a bordering state or governmental entity of a bordering state and a South Dakota treatment facility shall, at a minimum:
(1)Describe the services to be provided;
(2)Establish responsibility for the costs of services;
(3)Establish responsibility for the costs of transporting individuals receiving services under §§27A-1-12 to 27A-1-17, inclusive;
(4)Establish responsibility for the transportation of individuals under §§27A-1-12 to 27A-1-17, inclusive;
(5)Specify the duration of the contract;
(6)Specify the means of terminating the contract;
(7)Specify the terms and conditions for refusal to admit or retain an individual; and
(8)Identify the goals to be accomplished by the placement of an individual under §§27A-1-12 to 27A-1-17, inclusive.
Source:
SL 2004, ch 184, §4.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 01 - Definitions And General Provisions › Section 27A-1-16 - Negotiations to develop treatment contract--Temporary placement of person on emergency hold or involuntary commitment--Continuing responsibility of bordering state.

27A-1-16. Negotiations to develop treatment contract--Temporary placement of person on emergency hold or involuntary commitment--Continuing responsibility of bordering state.
Any treatment facility in South Dakota may enter negotiations with appropriate personnel of a bordering state to develop a contract that conforms to the requirements of §§27A-1-12 to 27A-1-17, inclusive. A contract with a bordering state shall enable the temporary placement in South Dakota by a bordering state of a person who is on an emergency hold or who has been involuntarily committed due to mental illness or a substance use disorder as determined by the bordering state. Any person committed by a bordering state or on emergency hold from a bordering state and who is placed in a South Dakota facility continues to be in the legal custody of the bordering state and shall be returned to the bordering state before release from emergency hold or involuntary commitment. The bordering state's laws governing commitment criteria, length of commitment, hearings, reexaminations, and extension of commitment continue to apply to these bordering state residents. The State of South Dakota is not responsible for treatment costs, legal proceeding costs, or transportation costs. In all other aspects, a resident of a bordering state placed in a South Dakota facility is subject to the laws of South Dakota. A contract under §§27A-1-12 to 27A-1-17, inclusive, with a bordering state or bordering state governmental entity shall specify that responsibility for payment for the cost of care and transportation for persons under §§27A-1-12 to 27A-1-17, inclusive, remains with the contracting entity of the bordering state of which that person is a resident.
Source:
SL 2004, ch 184, §5, eff. Mar. 9, 2004; SL 2016, ch 15, §8.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 01 - Definitions And General Provisions › Section 27A-1-17 - Placement or transfer of person from bordering state to Human Services Center prohibited.

27A-1-17. Placement or transfer of person from bordering state to Human Services Center prohibited.
No person placed in South Dakota from a bordering state under §§27A-1-12 to 27A-1-17, inclusive, may be placed or transferred to the South Dakota Human Services Center.
Source:
SL 2004, ch 184, §6.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 01 - Definitions And General Provisions › Section 27A-1-18 - Designation of caregiver to receive information regarding resident of treatment facilities.

27A-1-18. Designation of caregiver to receive information regarding resident of treatment facilities.
A resident of a treatment facility may designate a caregiver to receive notice of the resident's treatment and aftercare plan developed under §27A-12-3.7 upon the resident's admission into the treatment facility or, for any resident who is unconscious or otherwise incapacitated upon admission into the treatment facility, upon the resident's recovery of consciousness or capacity. For any resident who is unable to make decisions upon the resident's admission into a treatment facility, the resident's guardian, durable power of attorney for healthcare as defined in §34-12C-1, or any person authorized to make decisions for the resident under §34-12C-2 may designate a caregiver to receive notice of the resident's treatment and aftercare plan.
Upon a resident's admission into a treatment facility, or upon the resident's recovery of consciousness or capacity, the treatment facility shall inform the resident of the right to designate a caregiver to receive notice of the resident's treatment and aftercare plan.
A treatment facility shall request and document in a resident's record the name, address, telephone number, and relationship to the resident of any caregiver designated under this section; a choice under this section not to make a designation under this section; and any change in designation of a caregiver under this section. The record under this section shall be provided to any treatment facility to which the resident may be transferred.
A resident may revoke the designation of a caregiver under this section at any time.
For purposes of this section, a caregiver is a person who provides informal support and advocacy, without pay, for any family member or friend who is a resident in need of support due to any physical, cognitive, or mental health condition. A caregiver under this section is not a health care professional.
Nothing in this section alters or interferes with any right or obligation of an agent designated as a power of attorney for health care under §59-7-2.1. Nothing in this section imposes any obligation or any civil liability on a caregiver designated under this section.
Source:
SL 2019, ch 126, §1.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 01 - Definitions And General Provisions › Section 27A-1-19 - Notice to caregiver of resident's discharge or transfer--Exercise of professional judgment not restricted.

27A-1-19. Notice to caregiver of resident's discharge or transfer--Exercise of professional judgment not restricted.
A treatment facility shall provide reasonable notice to a caregiver designated under §27A-1-18 of the resident's discharge or transfer to a different treatment facility prior to the resident's discharge or transfer. Prior to a resident's discharge from a treatment facility, the treatment facility shall consult with the resident and the caregiver designated under §27A-1-18 regarding any after-discharge plan, including a description of the resident's aftercare plan developed under §27A-12-3.7. A treatment facility may not be held liable in any civil action for failure to provide notice under this section.
Nothing in this section prohibits a treatment facility, in the exercise of professional judgment and its experience with common practice to make reasonable inferences of the resident's best interests, from:
(1)Determining not to disclose any information related to the resident to a caregiver designated under §27A-1-18; and
(2)Disclosing information related to the resident to a caregiver of the treatment facility's choice.
Source:
SL 2019, ch 126, §2.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 03 - State Mental Health Programs › Section 27A-3-1 - General functions of department.

27A-3-1. General functions of department.
The Department of Social Services shall consider, determine, and establish policy and exercise such coordination for programs for mental health care and the treatment of mental illness; develop, maintain, and operate programs for mental health services and the treatment of mental illness, and coordinate the work of the state departments involved in such programs. It shall also assist mental health centers within the State of South Dakota in programs of consultation, care, and training and to carry out the duties imposed in this title, or as otherwise authorized and assigned to the department by law.
Source:
SL 1966, ch 186, §2; SDCL §27-3-8; SL 1989, ch 21, §50; SL 1991, ch 220, §6; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011.