reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 07A - Juvenile Court › Section 26-7A-129 - Judgment on juvenile cited violation.

26-7A-129. Judgment on juvenile cited violation.
If a child is found to be in violation of the citation, the court shall enter a judgment against the child for one or more of the following:
(1)Require the child to complete a court-approved juvenile diversion program or informal adjustment administered by a court services officer;
(2)A fine and court costs not to exceed one hundred dollars;
(3)Community service;
(4)Restitution as defined in subdivision 23A-28-2(4) and as determined appropriate by the court; or
(5)Suspension or revocation of the child's driving privilege if the judgment is entered on a violation pursuant to subdivision 26-7A-126(3).
The court may set a hearing to review compliance with the judgment. If a child is unable to pay a fine, court costs, or restitution as ordered by the court, any party may request that the court order community service in lieu of the monetary judgment. At no time may a court order a child to probation or detention upon entry of a judgment on a cited violation. A judgment on a cited violation shall be a confidential matter pursuant to subsection 15-15A-7(p) but the state's attorney may maintain a nonpublic record of the judgment for purposes of determining eligibility under §26-7A-127.
Source:
SL 2015, ch 152, §40, eff. Jan. 1, 2016; SL 2016, ch 146, §5, eff. Mar. 25, 2016; SL 2017, ch 115, §6, eff. Mar. 13, 2017.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-1 - Purpose of chapter.

26-8A-1. Purpose of chapter.
It is the purpose of this chapter, in conjunction with chapter 26-7A, to establish an effective state and local system for protection of children from abuse or neglect. Adjudication of a child as an abused or neglected child is an adjudication of the status or condition of the child who is the subject of the proceedings and is not necessarily an adjudication against or in favor of any particular parent, guardian, or custodian of the child.
Source:
SL 1991, ch 217, §110.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-2 - Abused or neglected child.

26-8A-2. Abused or neglected child.
In this chapter and chapter 26-7A, the term, abused or neglected child, means a child:
(1)Whose parent, guardian, or custodian has abandoned the child or has subjected the child to mistreatment or abuse;
(2)Who lacks proper parental care through the actions or omissions of the child's parent, guardian, or custodian;
(3)Whose environment is injurious to the child's welfare;
(4)Whose parent, guardian, or custodian fails or refuses to provide proper or necessary subsistence, supervision, education, medical care, or any other care necessary for the child's health, guidance, or well-being;
(5)Who is homeless, without proper care, or not domiciled with the child's parent, guardian, or custodian through no fault of the child's parent, guardian, or custodian;
(6)Who is threatened with substantial harm;
(7)Who has sustained emotional harm or mental injury as indicated by an injury to the child's intellectual or psychological capacity evidenced by an observable and substantial impairment in the child's ability to function within the child's normal range of performance and behavior, with due regard to the child's culture;
(8)Who is subject to sexual abuse, sexual molestation, or sexual exploitation as defined in §22-22-24.3, by the child's parent, guardian, custodian, or any other person responsible for the child's care;
(9)Who was subject to prenatal exposure to abusive use of alcohol, marijuana, or any controlled drug or substance not lawfully prescribed by a practitioner as authorized by chapters 22-42 and 34-20B; or
(10)Whose parent, guardian, or custodian knowingly exposes the child to an environment that is being used for the manufacture, use, or distribution of methamphetamines or any other unlawfully manufactured controlled drug or substance.
Source:
SDC 1939, §43.0301 (12) as enacted by SL 1968, ch 164, §1; SL 1984, ch 192, §1; SL 1990, ch 170, §4; SL 1991, ch 217, §111B; SDCL Supp, §26-8-6; SL 1998, ch 204, §2; SL 2004, ch 181, §1; SL 2005, ch 141, §1; SL 2008, ch 137, §1; SL 2020, ch 89, § 5.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-3 - Persons required to report child abuse or neglected child--Intentional failure as misdemeanor.

26-8A-3. Persons required to report child abuse or neglected child--Intentional failure as misdemeanor.
Any physician, dentist, doctor of osteopathy, chiropractor, optometrist, emergency medical technician, paramedic, mental health professional or counselor, podiatrist, psychologist, religious healing practitioner, social worker, hospital intern or resident, parole or court services officer, law enforcement officer, teacher, school counselor, school official, nurse, licensed or registered child welfare provider, employee or volunteer of a domestic abuse shelter, employee or volunteer of a child advocacy organization or child welfare service provider, chemical dependency counselor, coroner, dental hygienist, or any safety-sensitive position as defined in §3-6C-1, who has reasonable cause to suspect that a child under the age of eighteen has been abused or neglected as defined in §26-8A-2 shall report that information in accordance with §§26-8A-6, 26-8A-7, and 26-8A-8. Any person who intentionally fails to make the required report is guilty of a Class 1 misdemeanor. Any person who knows or has reason to suspect that a child has been abused or neglected as defined in §26-8A-2 may report that information as provided in §26-8A-8.
Source: SL 1964, ch 90, §§1, 5; SDCL §
26-10-13
; SL 1973, ch 172, §1; SL 1975, ch 179, §2; SL 1976, ch 167; SL 1982, ch 201; SL 1984, ch 192, §2; SL 1985, ch 215, §1; SL 1986, ch 223; SL 1991, ch 217, §112B; SDCL Supp, §
26-10-10
; SL 1993, ch 203; SL 2000, ch 122, §1; SL 2012, ch 146, §1; SL 2016, ch 143, §1; SL 2021, ch 118, § 1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-4 - Additional persons to report death resulting from abuse or neglect--Intentional failure as misdemeanor.

26-8A-4. Additional persons to report death resulting from abuse or neglect--Intentional failure as misdemeanor.
In addition to the report required under §26-8A-3, any person who has reasonable cause to suspect that a child has died as a result of child abuse or neglect as defined in §26-8A-2 shall report that information to the medical examiner or coroner. Upon receipt of the report, the medical examiner or coroner shall cause an investigation to be made and submit written findings to the state's attorney and the Department of Social Services. Any person required to report under this section who knowingly and intentionally fails to make a report is guilty of a Class 1 misdemeanor.
Source:
SL 1984, ch 192, §4; SL 1991, ch 217, §113B; SDCL, §26-10-10.1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-5 - Application of terms.

26-8A-5. Application of terms.
As used in §§26-8A-3 and 26-8A-7, the terms "teacher," "school counselor," "school official," "school administrator," "school principal," and "school superintendent" apply to any person substantially performing the respective duties of any such position in a public or private school, whether accredited or unaccredited, and to any person providing instruction pursuant to §13-27-3.
Source:
SL 1989, ch 232; SL 1991, ch 217, §114B; SDCL Supp, §26-10-10.2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-6 - Report of abuse or neglect by hospital personnel--Failure as misdemeanor--Written policy required.

26-8A-6. Report of abuse or neglect by hospital personnel--Failure as misdemeanor--Written policy required.
Any person who has contact with a child through the performance of services as a member of a staff of a hospital or similar institution shall immediately notify the person in charge of the institution or his designee of suspected abuse or neglect. The person in charge shall report the information in accordance with the provisions of §26-8A-8. Any person required by this section to report shall also promptly submit to the state's attorney complete copies of all medical examination, treatment, and hospital records regarding the child. Any person who knowingly and intentionally fails to make a required report and to submit copies of records is guilty of a Class 1 misdemeanor. Each hospital or similar institution shall have a written policy on reporting of child abuse and neglect and submission of copies of medical examination, treatment, and hospital records to the state's attorney.
Source:
SL 1964, ch 90, §§1, 5; SDCL, §26-10-13; SL 1984, ch 192, §5; SL 1985, ch 215, §2; SL 1991, ch 217, §115B; SDCL Supp, §26-10-11.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-7 - Child abuse or neglect reports by school personnel--Failure as misdemeanor--Written policy required.

26-8A-7. Child abuse or neglect reports by school personnel--Failure as misdemeanor--Written policy required.
Any person who has contact with a child through the performance of services in any public or private school, whether accredited or unaccredited, as a teacher, school nurse, school counselor, school official or administrator, or any person providing services pursuant to §13-27-3 shall notify the school principal or school superintendent or designee of suspected abuse or neglect. The school principal or superintendent shall report the information in accordance with the provisions of §26-8A-8. Any person who knowingly and intentionally fails to make a required report is guilty of a Class 1 misdemeanor. Each school district shall have a written policy on reporting of child abuse and neglect.
Source:
SL 1984, ch 192, §6; SL 1985, ch 215, §3; SL 1991, ch 217, §116B; SDCL Supp, §26-10-11.1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-8 - Oral report of abuse or neglect--To whom made--Response report.

26-8A-8. Oral report of abuse or neglect--To whom made--Response report.
The reports required by §§26-8A-3, 26-8A-6, and 26-8A-7 and by other sections of this chapter shall be made orally and immediately by telephone or otherwise to the state's attorney of the county in which the child resides or is present, to the Department of Social Services or to law enforcement officers. The mandatory reporter who witnessed the disclosure or evidence of the abuse or neglect must be available to answer questions when the initial report is made pursuant to this section. The state's attorney or law enforcement officers, upon receiving a report, shall immediately notify the Department of Social Services. Any person receiving a report of suspected child abuse or child neglect shall keep the report confidential as provided in §26-8A-13, except as otherwise provided in chapter 26-7A or this chapter.
The person receiving a report alleging child abuse or neglect shall ask whether or not the reporting party desires a response report. If requested by the reporting person, the Department of Social Services or the concerned law enforcement officer shall issue within thirty days, a written acknowledgment of receipt of the report and a response stating whether or not the report will be investigated.
Source:
SL 1964, ch 90, §2; SL 1973, ch 172, §2; SL 1975, ch 179, §3; SL 1980, ch 192, §1; SL 1984, ch 192, §3; SL 1991, ch 217, §117B; SDCL §26-10-12; SL 2015, ch 151, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-9 - Investigation of oral report--Other action permitted--Appointment of attorney--Compensation.

26-8A-9. Investigation of oral report--Other action permitted--Appointment of attorney--Compensation.
Upon receipt of a report pursuant to §26-8A-8, the Department of Social Services or law enforcement officers shall investigate. Investigating personnel may personally interview a child out of the presence of the child's parents, guardian, or custodian without advance notice or consent. The investigation does not prohibit any other lawful action. If the investigation and report indicate that child abuse or neglect has occurred, the state's attorney shall take appropriate action immediately. The court may appoint an attorney, guardian ad litem, or special advocate to assist in representing the best interests of the child. Any such appointment shall occur in the manner the county in which the action is being conducted has chosen to provide indigent counsel under §23A-40-7. Compensation and expense allowances for the child's attorney, guardian ad litem, or special advocate shall be determined and paid according to §26-7A-31.
Source:
SL 1973, ch 172, §3; SL 1975, ch 179, §4; SL 1980, ch 192, §2; SL 1984, ch 192, §7; SL 1985, ch 214, §1; SL 1991, ch 217, §118B; SDCL Supp, §26-10-12.1; SL 2010, ch 139, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-10 - Report to social services--Content.

26-8A-10. Report to social services--Content.
A report made pursuant to §26-8A-8 to the Department of Social Services shall include the name, address, date and place of birth of the child, the name and address of the child's parents, guardian, custodian, or responsible persons, the date of the report, and the suspected or proven instances of child abuse or neglect as defined in §26-8A-2. The Department of Social Services shall be the central registry for such information.
Source:
SL 1973, ch 172, §4; SL 1975, ch 179, §5; SL 1980, ch 192, §3; SL 1980, ch 193, §2; SL 1984, ch 192, §8; SL 1991, ch 217, §119B; SDCL, §26-10-12.2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-10.1 - Notice to child's parents of determination of abuse or neglect--Contents--Confidentiality.

26-8A-10.1. Notice to child's parents of determination of abuse or neglect--Contents--Confidentiality.
If an investigation by the Department of Social Services determines that abuse or neglect has occurred, the department shall make reasonable efforts to inform each of the child's parents of the determination with due regard given to the rights of the subject of the report pursuant to §26-8A-11. The information shall only include identification of the provisions of §26-8A-2 which constituted the basis for the determination that abuse or neglect occurred. This provision does not limit the department in providing services to a parent who is the subject of the report. A notice of the report shall be sent, by certified mail, to any parent who is not the subject of the report at the parent's last known address. The information shall be maintained confidential by the parent pursuant to §26-8A-13.
Source:
SL 2006, ch 145, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-10.2 - Exception to notice requirement.

26-8A-10.2. Exception to notice requirement.
The provisions of §26-8A-10.1 do not apply if the department has good cause to believe that the provisions of the information will be seriously detrimental to the best interests of the child.
Source:
SL 2006, ch 145, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-11 - Request to amend or remove record--Administrative hearing--Decision.

26-8A-11. Request to amend or remove record--Administrative hearing--Decision.
Within thirty days after the Department of Social Services notifies any person that he or she will be placed on the central registry for child abuse and neglect based upon a substantiated investigation, the person may request an administrative hearing. The administrative hearing is limited to determining whether the record should be amended or removed on the grounds that it is inaccurate. The request shall be made in writing and directed to the person designated by the department in the notice. However, if there has been a court finding of child abuse or neglect, the record's accuracy is conclusively presumed and the person has no right to an administrative hearing. In the hearing, the burden of proving the accuracy of the record is on the department. The hearing examiner may order the amendment or removal of the record. The decision of the hearing examiner shall be made in writing within ninety days after the date of receipt of the request for a hearing and shall state the reasons upon which it is based. Decisions of the department under this section are administrative decisions subject to judicial review under chapter 1-26. In any case where there has been no substantiated report of child abuse and neglect, the department may not maintain a record or other information of unsubstantiated child abuse and neglect for longer than three years if there has been no further report within that three-year period.
Source:
SL 1991, ch 217, §120; SL 1996, ch 178, §2; SL 1997, ch 159, §1; SL 2007, ch 164, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-11.1 - Request for a hearing to release name of complainant in unsubstantiated investigation.

26-8A-11.1. Request for a hearing to release name of complainant in unsubstantiated investigation.
Within thirty days after the notice of the determination of an unsubstantiated investigation by the Department of Social Services, the person who is the subject of the investigation may request an administrative hearing to determine whether the report was made with malice and without reasonable foundation and whether the name of the complainant should be released to the subject of the investigation. Within twenty days of receiving the request, an administrative hearing officer shall notify the complainant by mail that a request to release the complainant's name has been made and set a time and date for a hearing. The complainant shall be afforded the opportunity to be heard prior to any determination by the hearing officer to release the name. The complainant may appear at the hearing in person or through counsel or may submit written objections to the request in lieu of appearance. Any written objections or other information that may reveal the name of the complainant shall be sealed and available only to the administrative hearing officer. The administrative hearing officer shall determine within ninety days of the final date of the hearing whether the report was made maliciously and without reasonable foundation and whether release of the complainant's name would be likely to endanger the complainant's life or safety. The administrative hearing officer shall issue such a finding in a written report. The report may not disclose the name of the complainant or other identifying information. If the administrative hearing officer determines that the report was made with malice and without reasonable foundation and that release of the complainant's name is not likely to endanger the complainant's life or safety, the officer shall order the department to release the name of the complainant thirty days after issuing such finding. If the administrative hearing officer determines that the report was not made with malice or that the report was made with reasonable foundation or that release of the complainant's name is likely to endanger the life or safety of the complainant, the name of the complainant may not be disclosed. Decisions of the department under this section are administrative decisions subject to review under chapter 1-26. If a decision of the department under this section is appealed under chapter 1-26, the identity of the complainant shall remain confidential until a final court order requiring the release of the complainant's name.
Source:
SL 1996, ch 178, §3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-12 - Operation of central registry for abuse and neglect--Adoption of rules.

26-8A-12. Operation of central registry for abuse and neglect--Adoption of rules.
The secretary of social services may adopt reasonable and necessary rules for the operation of the central registry for abuse and neglect, including the following:
(1)Filing of reports;
(2)Procedures for provision of notice to the subject of a report;
(3)Amendment and expunction;
(4)Release of information from the registry;
(5)Statistical information; and
(6)Provisions for the keeping and maintenance of records and the type of information placed into the central registry.
However, the secretary may not adopt any rule which would permit the removal from the central registry for abuse and neglect of any person who has been convicted of any violation of chapter 22-22, chapter 22-24A, §22-22A-3, or §26-10-1, if the victim of such crime was a child.
Source:
SL 1991, ch 217, §120A; SL 1992, ch 187; SL 2007, ch 167, §3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-12.1 - Abuse and neglect screening of head start employees and adoptive or foster parents.

26-8A-12.1. Abuse and neglect screening of head start employees and adoptive or foster parents.
Upon receipt of a list of names of current or potential employees from a head start program director or the name of any person being considered as an adoptive or foster parent from a certified social worker eligible to engage in private independent practice as defined in §36-26-17, the secretary of the Department of Social Services shall compare the list to the central registry for abuse and neglect and report any findings to the requesting program director or social worker.
Source:
SL 1997, ch 162, §1; SL 2002, ch 116, §4.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-12.2 - Abuse and neglect screening required of certain current and potential employees and volunteers--Written consent required.

26-8A-12.2. Abuse and neglect screening required of certain current and potential employees and volunteers--Written consent required.
Upon receipt of names of current or potential employees or volunteers from the Juvenile Division of the Department of Corrections, any adolescent treatment program operated by the Department of Human Services or the Department of Social Services, any entity recognized as administering a CASA program as provided in §16-2-51, any nationally accredited child advocacy center recognized by the Department of Social Services, or a court considering appointment of a guardian ad litem for a child in a proceeding pursuant to chapter 26-8A, the Department of Social Services shall compare the names to the central registry for abuse and neglect and report any findings to the requesting program director, to the Bureau of Human Resources human resource manager, child advocacy center, or to the court. Any potential employee or volunteer under this section shall give written consent before completion of the abuse and neglect screening. Failure to submit to abuse and neglect screening disqualifies an applicant from employment or appointment.
Source:
SL 2001, ch 140, §1; SL 2008, ch 138, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §134, eff. Apr. 12, 2011; SL 2012, ch 23, §95; SL 2016, ch 144, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-12.3 - Central registry check of kinship, foster care, adoption, and child welfare agency employment applicants.

26-8A-12.3. Central registry check of kinship, foster care, adoption, and child welfare agency employment applicants.
Upon the receipt of a written request from a licensed child welfare agency or a private child welfare agency whose licensure has been waived pursuant to §26-6-9, the Department of Social Services shall conduct a check of the central registry for child abuse and neglect for kinship, foster care, adoption, or employment applicants and shall provide the results to the requesting agency. Further, upon written request from an agency that provides child welfare services or child placement services for a federally recognized tribe, the department shall conduct a check of the central registry for child abuse and neglect for kinship, foster care, or adoption applicants and shall provide the results to the requesting tribal agency. Before the department conducts any check of the central registry for child abuse and neglect pursuant to this section, the requesting agency shall provide to the department a consent signed by the applicant for kinship, foster care, adoption, or employment.
Source:
SL 2007, ch 165, §2; SL 2016, ch 144, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-12.4 - Central registry check of prospective foster or adoptive parents at request of governmental social service agency for another state.

26-8A-12.4. Central registry check of prospective foster or adoptive parents at request of governmental social service agency for another state.
Upon receipt of a written request from a governmental social service agency with child protection responsibilities for another state and a consent signed by the applicant, the Department of Social Services shall conduct a check of the central registry for child abuse and neglect regarding a prospective foster or adoptive parent in the requesting state or any adult living in the parent's home and shall provide the results to the requesting agency.
Source:
SL 2007, ch 162, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-13.2 - Consent of possible caretaker required for central registry screenings.

26-8A-13.2. Consent of possible caretaker required for central registry screenings.
For central registry screenings allowed under the provisions of §26-8A-13.1, the Department of Social Services may not complete the requested screening until the court, court services, the Department of Corrections, or the state's attorney provides to the department a consent signed by the person being considered as a possible caretaker for the child.
Source:
SL 2007, ch 166, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-13.3 - Allegations relating to military parent or guardian--Notice to defense department family advocacy program.

26-8A-13.3. Allegations relating to military parent or guardian--Notice to defense department family advocacy program.
Upon receipt of a report pursuant to §26-8A-10, the Department of Social Services shall make an effort to determine the military status of the parent or guardian whose child is subject to the report of child abuse or neglect. Notwithstanding the provisions of §26-8A-13 or any other provision of law, if the department determines that the parent or guardian is in the military, the department shall notify a United States Department of Defense family advocacy program of the allegations that relate to the military parent or guardian.
Source:
SL 2019, ch 123, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-14 - Immunity from liability.

26-8A-14. Immunity from liability.
Any person or party participating in good faith in the making of a report or the submitting of copies of medical examination, treatment, or hospitalization records pursuant to §§26-8A-3 to 26-8A-8, inclusive, or pursuant to any other provisions of this chapter, is immune from any liability, civil or criminal, that might otherwise be incurred or imposed, and has the same immunity for participation in any judicial proceeding resulting from the report. Immunity also extends in the same manner to persons requesting the taking of photographs and X rays pursuant to §26-8A-16, to persons taking the photographs and X rays, to child protection teams established by the secretary of social services, to public officials or employees involved in the investigation and treatment of child abuse or neglect or making a temporary placement of the child pursuant to this chapter, or to any person who in good faith cooperates with a child protection team or the Department of Social Services in investigation, placement, or a treatment plan. The provisions of this section or any other section granting or allowing the grant of immunity do not extend to any person alleged to have committed an act or acts of child abuse or neglect.
Source:
SL 1964, ch 90, §3; SL 1980, ch 193, §4; SL 1984, ch 192, §11; SL 1991, ch 217, §122B; SDCL, §26-10-14.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-15 - Communications not privileged in child abuse or neglect cases.

26-8A-15. Communications not privileged in child abuse or neglect cases.
The privilege of confidentiality set forth in §§19-2-3, 19-19-503, 19-19-504, 19-19-508.1, and 36-26-30 may not be claimed in any judicial proceeding involving an alleged abused or neglected child or resulting from the giving or causing the giving of a report concerning abuse or neglect of a child pursuant to §§26-8A-3 to 26-8A-8, inclusive.
Source:
SL 1964, ch 90, §4; SL 1977, ch 209; SL 1989, ch 233; SL 1991, ch 217, §123B; SDCL Supp, §26-10-15.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-16 - Photographs, videotapes, or other images, and medical examinations taken without consent--Disposition.

26-8A-16. Photographs, videotapes, or other images, and medical examinations taken without consent--Disposition.
Any person who receives a report under §26-8A-3 may take or cause to be taken color photographs, videotapes, or other images of the areas of trauma visible on a child who is the subject of the report and may require a radiological or other medical examination or testing of the child without the consent of the child's parents, guardian, or custodian. All photographs, videotapes, or other images taken pursuant to this section shall be taken by a law enforcement official, the Department of Social Services, or a person authorized by a law enforcement official or the department. All photographs, videotapes, other images, X rays, and test results, or copies of them, shall be sent to the appropriate law enforcement agency or state's attorney or to the Department of Social Services. These photographs, videotapes, and other images need not be made a part of the child's medical or hospital records. Any photograph, videotapes, or other image in the possession of the Department of Social Services shall be destroyed by the Department of Social Services if no criminal prosecution or civil action is initiated within three years of the date that such material was received by the Department of Social Services.
Source:
SL 1984, ch 192, §10; SL 1991, ch 217, §124B; SDCL, §26-10-18; SL 1999, ch 135, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-17 - Child protection teams.

26-8A-17. Child protection teams.
The secretary of social services may appoint child protection teams to assist in the prevention and treatment of child abuse and neglect. A child protection team may include licensed or certified medical and health professionals, the court services officer recommended by the presiding judge of a judicial circuit in which the team is to operate, the secretaries of social services and health or their designees, a representative of a mental health center, a representative of a public school district in which the team is to operate, an attorney, a foster parent, and one or more representatives of the public. The Department of Social Services shall maintain a record of the membership of each child protection team.
Source:
SL 1980, ch 193, §1; SL 1989, ch 234; SL 1991, ch 217, §125B; SDCL Supp, §26-10-16.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-18 - Appointment of counsel--Compensation--Assistance.

26-8A-18. Appointment of counsel--Compensation--Assistance.
Notwithstanding the provisions of §§26-7A-31 and 26-8A-9, the court shall appoint an attorney for any child alleged to be abused or neglected in any judicial proceeding. The court shall appoint an attorney in the manner the county in which the action is being conducted has chosen to provide indigent counsel under §23A-40-7. The attorney for the child shall represent the child's best interests and may not be the attorney for any other party involved in the judicial proceedings. The court may designate other persons, including a guardian ad litem or special advocate, who may or may not be attorneys licensed to practice law, to assist the attorney of the child in the performance of the attorney's duties. Compensation and expense allowances for the child's attorney shall be determined and paid according to §26-7A-31.
Source:
SL 1984, ch 192, §9; SL 1991, ch 217, §126B; SDCL §26-10-17; SL 2010, ch 139, §3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-19 - Abused and neglected child defense fund--Distribution to counties--Pro rata.

26-8A-19. Abused and neglected child defense fund--Distribution to counties--Pro rata.
There is hereby created in the office of the state treasurer an abused and neglected child defense fund. All moneys in the abused and neglected child defense fund shall be annually distributed by the state treasurer to the counties on a pro rata basis. The state treasurer shall, within sixty days of the end of the fiscal year, determine and verify from receipts and expenditure records the total expenditures by all counties in the state for the representation of abused and neglected children. He shall then establish a percentage ratio between moneys collected in the fund for the past fiscal year and the total expenditures by counties for the representation of abused and neglected children. That percentage ratio shall then be applied to each county's expenditure for the representation of abused and neglected children to determine its respective payment from the fund.
Source:
SL 1991, ch 197, §§2, 3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-20 - Appointment of representative of child's best interest--Duties.

26-8A-20. Appointment of representative of child's best interest--Duties.
If a child is an apparent or alleged abused or neglected child, the court may appoint a special advocate to represent the best interests of the child and to assist the child's attorney. If a child has been adjudicated an abused or neglected child and is removed from the child's home with the child's parents, guardian, or custodian, the court shall appoint a special advocate if available, and may appoint a guardian ad litem when determined necessary by the court, to represent the best interests of the child and to assist the child's attorney. The guardian ad litem or special advocate is an officer of the court for the purpose of representing the child's best interests. The guardian ad litem or special advocate shall receive all reports concerning the child and may cause the case to be reviewed by the court pursuant to §26-8A-24.
Source: SL 1985, ch 214, §2; SL 1991, ch 217, §128B; SDCL Supp, §26-8-35.3; SL 2009, ch 137, §1; SL 2022, ch 83, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-21 - Reasonable efforts to eliminate need for removal--Reasonable efforts to return child to home--Determining adequacy of efforts.

26-8A-21. Reasonable efforts to eliminate need for removal--Reasonable efforts to return child to home--Determining adequacy of efforts.
The Department of Social Services shall make reasonable efforts prior to the removal of an alleged or adjudicated abused or neglected child from the home of the child's parents, guardian, or custodian to prevent or eliminate the need for removal of the child. If the child has been removed from the home and has been placed in temporary custody of the department, the department shall make reasonable efforts to make it possible for the child to return to the home of the child's parents, guardian, or custodian. If the child is to be or has been removed from the home, the court shall first make a judicial determination that removal of the child from the home is or was necessary because continued presence of the child in the home would be contrary to the welfare of the child and that reasonable efforts by the department to avoid removal of the child from the home have been made. If the child has been removed from the home and has not been returned to the home, the court shall first make a judicial determination that reasonable efforts have been made by the department to return the child to the home and that the child cannot be returned to the home because it would be contrary to the welfare of the child.
Reasonable efforts to prevent the necessity for removal of a child from the home of the child's parents, guardian, or custodian and reasonable efforts to return the child to the home mean provision by the department of any assistance or services that:
(1)Are appropriate for the child's parents, guardian, custodian, or any other caretaker family of the child existing at the time of removal or possible return of the child, including instruction on parenting;
(2)Are available pursuant to the comprehensive plan of preventive services of the department;
(3)Could be made available without undue financial burden on the department; or
(4)Would have a significant likelihood of protecting the child from substantial danger to the child's physical health or from severe emotional damage while enabling the child to remain in the home or to be returned to the home.
In determining the adequacy of reasonable efforts, the court shall consider the assistance, services, and efforts of the department. The court shall also consider the good faith efforts or the lack of good faith efforts made by the child's parents, guardian, custodian, or other caretaker family to cooperate with the department and to effectively utilize the assistance or services for the benefit and welfare of the child.
Source:
SL 1989, ch 231, §3; SL 1991, ch 217, §130B; SDCL Supp, §26-8-35.5; SL 1998, ch 161, §1; SL 1998, ch 162, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-21.1 - Exceptions to §26-8A-21.

26-8A-21.1. Exceptions to §26-8A-21.
Nothing in §26-8A-21 requires reunification of a child with a parent who:
(1)Committed a crime defined in §22-16-4, 22-16-7, 22-16-15, 22-16-20, 22-22-1, 22-22-24.3, 22-22A-2, 22-22A-3, 26-10-1, or subdivision 22-19-1(5), or committed conduct described by any of those statutes that violated the law or ordinance of another jurisdiction having elements similar to an offense described by any of those statutes;
(2)Aided or abetted, attempted, conspired, or solicited to commit a crime defined in §22-16-4, 22-16-7, 22-16-15, or 22-16-20 or the law or ordinance of another jurisdiction having elements similar to an offense described by any of those statutes;
(3)Committed a crime defined in §22-18-1.1, 22-22-7, or subdivision 22-23-2(2) against the child or another child of such parent, or committed conduct described by those sections that violated the law or ordinance of another jurisdiction having elements similar to the offense described by those sections;
(4)Has been determined by a court by clear and convincing evidence to have subjected the child or another child to torture, sexual abuse, abandonment for at least six months, chronic physical, mental, or emotional injury, or chronic neglect if the neglect was a serious threat to the safety of the child or another child;
(5)Is incarcerated and is unavailable to care for the child during a significant period of the child's minority, considering the child's age and the child's need for care by an adult;
(6)Has had parental rights to another child involuntarily terminated by a prior legal proceeding;
(7)Has a documented history of abuse and neglect associated with chronic alcohol or drug abuse;
(8)Has exposed the child to or demonstrated an inability to protect the child from substantial harm or the risk of substantial harm, and the child or another child has been removed from the parent's custody because the removed child was adjudicated abused and neglected by a court on at least one previous occasion;
(9)Has exposed the child to or demonstrated an inability to protect the child from substantial harm or the risk of substantial harm, the child has been removed from the parent's custody on two separate occasions, and the Department of Social Services offered or provided family services on each of the two separate occasions the child was removed;
(10)Has exposed the child to or demonstrated an inability to protect the child from substantial harm or risk of harm resulting from a crime, act, or omission as specified in subdivision (1), (2), or (3) of this section; or
(11)Is required to register as a sex offender pursuant to chapter 22-24B.
Source:
SL 1998, ch 161, §2; SL 1999, ch 136, §1; SL 2001, ch 141, §1; SL 2007, ch 167, §1; SL 2012, ch 147, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-21.2 - Permanency hearing required if child is not to be returned to parents--Court to determine placement--Final dispositional hearing.

26-8A-21.2. Permanency hearing required if child is not to be returned to parents--Court to determine placement--Final dispositional hearing.
If the court has determined that reasonable efforts to return an adjudicated abused or neglected child to the home of the parent, guardian, or custodian are not appropriate, a permanency hearing shall be held within thirty days after the determination. At the permanency hearing, the court shall determine if:
(1)The child should be placed for adoption. If the court determines that the child should be placed for adoption, the state shall notify the parties of its intent to seek the termination of parental rights if notice has not already been provided;
(2)The child should be referred for legal guardianship;
(3)The child should be placed permanently with a fit and willing relative; or
(4)Only in the case of a child who is sixteen years of age or older, a compelling reason is documented with the court that none of the permanent plans listed in this section would be in the best interest of the child, and the child should be placed in another planned permanent living arrangement. At each permanency hearing for a child placed in another planned permanent living arrangement, the court shall ask the child about the desired permanency outcome for the child and make a judicial determination stating the reasons that another planned permanent living arrangement is the best permanency plan for the child.
The court may immediately proceed with a final dispositional hearing if proper notice of the hearing has been given.
Source:
SL 1999, ch 137, §1; SL 2005, ch 142, §1; SL 2016, ch 145, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-22.1 - Court to require instruction in parenting as part of sentence in certain convictions.

26-8A-22.1. Court to require instruction in parenting as part of sentence in certain convictions.
If any person convicted of contributory abuse or contributory neglect is the child's parent, guardian, or custodian, the court shall include as part of the sentence, or conditions required as part of the suspended execution or imposition of such sentence, that the person receive instruction on parenting approved or provided by the Department of Social Services.
Source:
SL 1998, ch 162, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-23 - Court-ordered medical, psychological or psychiatric treatment of spiritually-treated child.

26-8A-23. Court-ordered medical, psychological or psychiatric treatment of spiritually-treated child.
If a child has been or is under treatment for physical, mental, or emotional illness solely by a spiritual means, the court may, as provided under §26-8A-22, order that medical, psychological, or psychiatric treatment and hospitalization be provided for the child.
Source:
SDCL, §26-10-10 as added by SL 1975, ch 179, §2; SL 1990, ch 170, §5; SL 1991, ch 217, §132B; SDCL Supp, §26-10-1.1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-24 - Periodic review hearings of foster care status--Petition for judicial action.

26-8A-24. Periodic review hearings of foster care status--Petition for judicial action.
If a child has been adjudicated to be an abused or neglected child, parental rights have not been terminated and the court places custody of the child in the Department of Social Services, the court shall conduct a review hearing of the foster care status every six months. The hearing shall be conducted in the same manner as a dispositional hearing. If the department at any time finds that further court action is necessary to clarify the child's legal status or, for any other reason, to protect the interests of the child, the Department of Social Services may require the state's attorney to petition the court for a review hearing.
Source:
SDCL, §26-8-35 as added by SL 1979, ch 172; SL 1981, ch 203, §1; SL 1989, ch 231, §6; SL 1991, ch 217, §133B; SDCL Supp, §26-8-35.1; SL 1992, ch 183, §11; SL 2001, ch 142, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08A - Protection Of Children From Abuse Or Neglect › Section 26-8A-25 - Criteria for determining continued placement of child separate from home.

26-8A-25. Criteria for determining continued placement of child separate from home.
In conducting the review hearing required by §26-8A-24 the court may continue placement of the child separate from the home of the child's parents, guardian, or custodian upon a written judicial determination that return of the child to the home would be contrary to the welfare of the child and that reasonable efforts have been made by the Department of Social Services to make it possible for the child to return to the home. In making this determination, the court shall consider the following criteria:
(1)The goals of the foster care placement and the appropriateness of foster care;
(2)The assistance and services which have been offered to reunite the child with the child's parents, guardian, or custodian and the good faith efforts, or their lack, and ability of the child's parents, guardian, or custodian to cooperate with the department and to effectively utilize the assistance and services for the benefit and welfare of the child; and
(3)If the return of the child to the home of the child's parents, guardian, or custodian is not likely, the reasonable efforts of the department that have been made or should be made to provide for other methods of care in keeping with the best interests of the child.
Source:
SL 1989, ch 231, §2; SL 1991, ch 217, §134B; SDCL, §26-8-35.4.