reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 10 - Protection from Domestic Abuse › Section 25-10-43 - Defendant prohibited from contacting victim prior to court appearance--Violation as misdemeanor.

25-10-43. Defendant prohibited from contacting victim prior to court appearance--Violation as misdemeanor.
While in custody after arrest for a crime involving domestic abuse, no defendant may have or be permitted any contact or communications, either directly or by means of a third party, with the victim or the family or household members of the victim, until the defendant's initial court appearance or until such contact or communication is specifically authorized by the court. Willful violation of this section is a Class 1 misdemeanor.
Source:
SL 2010, ch 114, §3.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 10 - Protection from Domestic Abuse › Section 25-10-44 - Mental illness hold--Release.

25-10-44. Mental illness hold--Release.
Notwithstanding §25-10-40, if the police officer or sheriff believes that the domestic abuse perpetrator has a severe mental illness that makes the person an imminent danger to self or others, the officer or sheriff may initiate a mental illness hold under §27A-10-3 and transport the person to an appropriate regional facility as described in that section and in accordance with the provisions set forth in title 27A. This section is not a substitution for an arrest under the provisions of this chapter, and the person shall be released only to the custody of law enforcement or a law enforcement agency if the mental illness hold is released.
Source:
SL 2017, ch 113, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 01 - Rights And Obligations Of Minors › Section 26-1-1 - Age of minority--Calculation of age.

26-1-1. Age of minority--Calculation of age.
Minors are natural male persons and natural female persons under eighteen years of age. The periods thus specified must be calculated from the first minute of the day on which persons are born, to the same minute of the corresponding day completing the period of minority.
Source:
SDC 1939, §43.0101; SL 1972, ch 154, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 01 - Rights And Obligations Of Minors › Section 26-1-2 - Unborn child deemed existing person.

26-1-2. Unborn child deemed existing person.
A child conceived, but not born, is to be deemed an existing person so far as may be necessary for its interests in the event of its subsequent birth.
Source:
SDC 1939, §43.0102.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 01 - Rights And Obligations Of Minors › Section 26-1-3 - Enforcement of minor's rights--Guardian or conservator required.

26-1-3. Enforcement of minor's rights--Guardian or conservator required.
A minor may enforce his rights by civil action, or other legal proceedings, in the same manner as a person of full age. However, a guardian or conservator must be appointed to conduct the same.
Source:
SDC 1939, §43.0109; SL 1993, ch 213, §115.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 01 - Rights And Obligations Of Minors › Section 26-1-4 - Minor's liability for wrongs--Restriction on exemplary damages.

26-1-4. Minor's liability for wrongs--Restriction on exemplary damages.
A minor is civilly liable for a wrong done by him, in like manner as any other person, but cannot be subjected to exemplary damages, unless at the time of the act he was capable of knowing that it was unlawful.
Source:
SDC 1939, §43.0108.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 02 - Contracts Of Minors › Section 26-2-1 - Delegation of power by minor--Contracts relating to property--Account at financial institution.

26-2-1. Delegation of power by minor--Contracts relating to property--Account at financial institution.
No minor may give a delegation of power, nor make a contract relating to real property, or any interest therein, or relating to any personal property not in his immediate possession or control. However, a minor's parent, grandparent, uncle, or aunt, if such person is an adult, and a minor's adult sibling may establish an account with a financial institution, and establish a present ownership right in that account. Such adult family member may sign the minor's name for and on behalf of the minor, for the purposes of establishing an account, and such subscription shall constitute a binding agreement between the financial institution, and the named parties to the account.
Source:
SDC 1939, §43.0103; SL 1991, ch 215, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 02 - Contracts Of Minors › Section 26-2-2 - Disability of minority removed to permit use of veterans' loan privileges.

26-2-2. Disability of minority removed to permit use of veterans' loan privileges.
The disability of minority of any person otherwise eligible for guaranty or insurance of a loan pursuant to chapter 37 of Title 38, United States Code, and of the minor spouse of any eligible veteran irrespective of age, in connection with any transaction entered into pursuant to that chapter in effect on July 1, 1984, is hereby removed, for all purposes in connection with such transaction, including, but not limited to, incurring of indebtedness or obligations and acquiring, encumbering, selling, releasing, or conveying property, or any interest therein, and litigating or settling controversies arising therefrom, if all or part of any obligations incident to such transaction be guaranteed or insured by the administrator of veterans' affairs pursuant to such chapter 37. This section does not impose any other or greater rights or liabilities than would exist if such person and such spouse were under no such disability.
Source:
SL 1945, ch 185, §1; SL 1947, ch 191; SL 1953, ch 221; SDC Supp 1960, §43.0103-1; SL 1984, ch 12, §19.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 02 - Contracts Of Minors › Section 26-2-3 - Contracts subject to power of disaffirmance.

26-2-3. Contracts subject to power of disaffirmance.
Except as specified in §26-2-1, a minor may make any other contract, subject only to his power of disaffirmance under the provisions of this title, and subject to the provisions of chapter 25-1.
Source:
SDC 1939, §43.0104.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 02 - Contracts Of Minors › Section 26-2-4 - Power of disaffirmance not applicable to necessaries.

26-2-4. Power of disaffirmance not applicable to necessaries.
A minor cannot disaffirm a contract, otherwise valid, to pay the reasonable value of things necessary for his support, or that of his family, entered into by him if not under the care of a parent or guardian or conservator able to provide for him or them.
Source:
SDC 1939, §43.0106; SL 1993, ch 213, §116.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 02 - Contracts Of Minors › Section 26-2-5 - Power of disaffirmance not applicable to contract under express statutory authority.

26-2-5. Power of disaffirmance not applicable to contract under express statutory authority.
A minor cannot disaffirm an obligation, otherwise valid, entered into by him under the express authority or direction of a statute.
Source:
SDC 1939, §43.0107.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 02 - Contracts Of Minors › Section 26-2-6 - Time for disaffirmance of contract--Persons authorized to disaffirm--Restoration of consideration.

26-2-6. Time for disaffirmance of contract--Persons authorized to disaffirm--Restoration of consideration.
In all cases other than those specified in §§26-2-4 and 26-2-5, the contract of a minor, if made while he is under the age of sixteen, may be disaffirmed by the minor himself, either before his majority or within one year's time afterwards; or in case of his death within that period, by his heirs or personal representatives; and, if the contract be made by the minor after he has reached the age of sixteen, it may be disaffirmed in like manner upon restoring the consideration to the party from whom it was received or paying its equivalent with interest.
Source:
SDC 1939, §43.0105; SL 1972, ch 154, §7.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 02 - Contracts Of Minors › Section 26-2-7 - Blood donations by minors.

26-2-7. Blood donations by minors.
Any person of the age of sixteen years may donate blood if the potential donor obtains the written consent of a parent or guardian. Any person of the age of seventeen years or over may donate blood without obtaining the consent of a parent or guardian. However, no person may take blood for donation from any person of the age of seventeen if the parent or guardian of such potential donor specifically requests of the person taking the blood that such donation be prohibited.
Source:
SL 1970, ch 148; SL 1977, ch 206; SL 2009, ch 134, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 04 - Child Welfare Services › Section 26-4-7 - Development of standards for child care agencies.

26-4-7. Development of standards for child care agencies.
The Department of Social Services shall develop standards of care for children in public agencies and private organizations caring for dependent, neglected, delinquent, or mentally handicapped children. The secretary of social services may adopt reasonable and necessary rules setting standards for child welfare agencies for care of children relating to the following areas:
(1)Service or treatment plan requirements for children in care;
(2)Administration and record keeping requirements;
(3)Staff requirements;
(4)Facility safety and sanitation requirements;
(5)Monitoring, evaluation, and audit requirements;
(6)Standards and requirements for the safety and health of children in care; and
(7)Standards and requirements required to obtain federal financial participation for the care of children outside their home in public agencies or private organizations.
Source:
SDC 1939, §55.3702 (1); SL 1981, ch 199, §9.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 04 - Child Welfare Services › Section 26-4-9.1 - Adoption services program established--Rules adopted.

26-4-9.1. Adoption services program established--Rules adopted.
The Department of Social Services shall establish a program of adoption services. The secretary of social services may adopt reasonable and necessary rules for the operation of the program of adoption services including:
(1)Program administration;
(2)Adoptive applications and placements;
(3)Investigations and studies;
(4)Qualifications for adoptive families;
(5)Postadoptive services;
(6)Protection of records and confidential information required by statutory law to be held confidential; and
(7)Establishing reasonable fees consistent with the costs of such services.
Source:
SL 1970, ch 147, §2; SL 1981, ch 199, §10.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 04 - Child Welfare Services › Section 26-4-13 - Foster care payments exempt from legal process.

26-4-13. Foster care payments exempt from legal process.
Payments made for the foster care of children under programs of the Department of Social Services shall not be subject to garnishment or other legal process by any creditor of the payee, except for necessaries furnished for the subsistence and maintenance of the child or children for whom such payments are made.
Source:
SL 1965, ch 265.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 04 - Child Welfare Services › Section 26-4-15 - Adoptive home study report for out-of-state children--Criminal record check and central registry screening to be included.

26-4-15. Adoptive home study report for out-of-state children--Criminal record check and central registry screening to be included.
For the purpose of placing identified children from a state other than South Dakota through a licensed child placement agency from another state for adoption with South Dakota families, an adoptive home study report shall be filed before placement with the Department of Social Services. The adoption home study and report may be provided by a licensed child placement agency as defined in §26-6-14, the Department of Social Services, or a certified social worker eligible to engage in private independent practice as defined in §36-26-17. A home study conducted by a certified social worker in private independent practice shall include a criminal record check completed by the Division of Criminal Investigation and a central registry screening completed by the Department of Social Services. Any person who violates the provisions of this section is guilty of a Class 1 misdemeanor.
Source:
SL 1982, ch 197; SL 1990, ch 185, §2; SL 1992, ch 180, §2; SL 2002, ch 116, §3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-103 - Proceedings governed by other law.

26-5B-103. Proceedings governed by other law.
This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
Source:
SL 2005, ch 137, §3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-104 - Application to Indian tribes.

26-5B-104. Application to Indian tribes.
(a) A child-custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. §1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.
(b) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying Articles 1 and 2.
(c) A child-custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under Article 3.
Source:
SL 2005, ch 137, §4.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-105 - International application of chapter.

26-5B-105. International application of chapter.
(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying Articles 1 and 2.
(b) Except as otherwise provided in subsection (c), a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under Article 3.
(c) A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.
Source:
SL 2005, ch 137, §5.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-106 - Effect of child-custody determination.

26-5B-106. Effect of child-custody determination.
A child-custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with §26-5B-108 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
Source:
SL 2005, ch 137, §6.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-107 - Priority.

26-5B-107. Priority.
If a question of existence or exercise of jurisdiction under this chapter is raised in a child-custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.
Source:
SL 2005, ch 137, §7.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-108 - Notice to persons outside state.

26-5B-108. Notice to persons outside state.
(a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.
(b) Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.
(c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
Source:
SL 2005, ch 137, §8.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-109 - Appearance and limited immunity.

26-5B-109. Appearance and limited immunity.
(a) A party to a child-custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child-custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.
(b) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.
(c) The immunity granted by subsection (a) does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this state.
Source:
SL 2005, ch 137, §9.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-110 - Communication between courts.

26-5B-110. Communication between courts.
(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter.
(b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.
(c) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.
(d) Except as otherwise provided in subsection (c), a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.
(e) For the purposes of this section, "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.
Source:
SL 2005, ch 137, §10.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-111 - Taking testimony in another state.

26-5B-111. Taking testimony in another state.
(a) In addition to other procedures available to a party, a party to a child-custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
(b) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
Source:
SL 2005, ch 137, §11.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-112 - Cooperation between courts--Preservation of records.

26-5B-112. Cooperation between courts--Preservation of records.
(a) A court of this state may request the appropriate court of another state to:
(1)Hold an evidentiary hearing;
(2)Order a person to produce or give evidence pursuant to procedures of that state;
(3)Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;
(4)Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and
(5)Order a party to a child-custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
(b) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (a).
(c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) may be assessed against the parties according to the law of this state.
(d) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child-custody proceeding until the child attains eighteen years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.
Source:
SL 2005, ch 137, §12.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-201 - Initial child-custody jurisdiction.

26-5B-201. Initial child-custody jurisdiction.
(a) Except as otherwise provided in §26-5B-204, a court of this state has jurisdiction to make an initial child-custody determination only if:
(1)This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;
(2)A court of another state does not have jurisdiction under paragraph (1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under §26-5B-207 or 26-5B-208, and:
(A)The child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and
(B)Substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships;
(3)All courts having jurisdiction under paragraph (1) or (2) have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under §26-5B-207 or 26-5B-208; or
(4)No court of any other state would have jurisdiction under the criteria specified in paragraph (1), (2), or (3).
(b) Subsection (a) is the exclusive jurisdictional basis for making a child-custody determination by a court of this state.
(c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-custody determination.
Source:
SL 2005, ch 137, §13.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-202 - Exclusive, continuing jurisdiction.

26-5B-202. Exclusive, continuing jurisdiction.
(a) Except as otherwise provided in §26-5B-204, a court of this state which has made a child-custody determination consistent with §26-5B-201 or 26-5B-203 has exclusive, continuing jurisdiction over the determination until:
(1)A court of this state determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships; or
(2)A court of this state or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this state.
(b) A court of this state which has made a child-custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under §26-5B-201.
Source:
SL 2005, ch 137, §14.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-203 - Jurisdiction to modify determination.

26-5B-203. Jurisdiction to modify determination.
Except as otherwise provided in §26-5B-204, a court of this state may not modify a child-custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under §26-5B-201(a)(1) or (2) and:
(1)The court of the other state determines it no longer has exclusive, continuing jurisdiction under §26-5B-202 or that a court of this state would be a more convenient forum under §26-5B-207; or
(2)A court of this state or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state.
Source:
SL 2005, ch 137, §15.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-204 - Temporary emergency jurisdiction.

26-5B-204. Temporary emergency jurisdiction.
(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
(b) If there is no previous child-custody determination that is entitled to be enforced under this chapter and a child-custody proceeding has not been commenced in a court of a state having jurisdiction under §§26-5B-201 to 26-5B-203, inclusive, a child-custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under §§26-5B-201 to 26-5B-203, inclusive. If a child-custody proceeding has not been or is not commenced in a court of a state having jurisdiction under §§26-5B-201 to 26-5B-203, inclusive, a child-custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child.
(c) If there is a previous child-custody determination that is entitled to be enforced under this chapter, or a child-custody proceeding has been commenced in a court of a state having jurisdiction under §§26-5B-201 to 26-5B-203, inclusive, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under §§26-5B-201 to 26-5B-203, inclusive. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.
(d) A court of this state which has been asked to make a child-custody determination under this section, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of a state having jurisdiction under §§26-5B-201 to 26-5B-203, inclusive, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to §§26-5B-201 to 26-5B-203, inclusive, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
Source:
SL 2005, ch 137, §16.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-205 - Notice--Opportunity to be heard--Joinder.

26-5B-205. Notice--Opportunity to be heard--Joinder.
(a) Before a child-custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of §26-5B-108 must be given to all persons entitled to notice under the law of this state as in child-custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.
(b) This chapter does not govern the enforceability of a child-custody determination made without notice or an opportunity to be heard.
(c) The obligation to join a party and the right to intervene as a party in a child-custody proceeding under this chapter are governed by the law of this state as in child-custody proceedings between residents of this state.
Source:
SL 2005, ch 137, §17.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-206 - Simultaneous proceedings.

26-5B-206. Simultaneous proceedings.
(a) Except as otherwise provided in §26-5B-204, a court of this state may not exercise its jurisdiction under this article if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under §26-5B-207.
(b) Except as otherwise provided in §26-5B-204, a court of this state, before hearing a child-custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to §26-5B-209. If the court determines that a child- custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
(c) In a proceeding to modify a child-custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child-custody determination has been commenced in another state, the court may:
(1)Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
(2)Enjoin the parties from continuing with the proceeding for enforcement; or
(3)Proceed with the modification under conditions it considers appropriate.
Source:
SL 2005, ch 137, §18.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-207 - Inconvenient forum.

26-5B-207. Inconvenient forum.
(a) A court of this state which has jurisdiction under this chapter to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or request of another court.
(b) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:
(1)Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;
(2)The length of time the child has resided outside this state;
(3)The distance between the court in this state and the court in the state that would assume jurisdiction;
(4)The relative financial circumstances of the parties;
(5)Any agreement of the parties as to which state should assume jurisdiction;
(6)The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
(7)The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
(8)The familiarity of the court of each state with the facts and issues in the pending litigation.
(c) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child-custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.
(d) A court of this state may decline to exercise its jurisdiction under this chapter if a child-custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.
Source:
SL 2005, ch 137, §19.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-208 - Jurisdiction declined by reason of conduct.

26-5B-208. Jurisdiction declined by reason of conduct.
(a) Except as otherwise provided in §26-5B-204, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:
(1)The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
(2)A court of the state otherwise having jurisdiction under §§26-5B-201 to 26-5B-203, inclusive, determines that this state is a more appropriate forum under §26-5B-207; or
(3)No court of any other state would have jurisdiction under the criteria specified in §§26-5B-201 to 26-5B-203, inclusive.
(b) If a court of this state declines to exercise its jurisdiction pursuant to subsection (a), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child-custody proceeding is commenced in a court having jurisdiction under §§26-5B-201 to 26-5B-203, inclusive.
(c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a), it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state unless authorized by law other than this chapter.
Source:
SL 2005, ch 137, §20.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-209 - Information to be submitted to court.

26-5B-209. Information to be submitted to court.
(a) In a child-custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:
(1)Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child-custody determination, if any;
(2)Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and
(3)Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.
(b) If the information required by subsection (a) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
(c) If the declaration as to any of the items described in subsection (a) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.
(d) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.
(e) If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice.
Source:
SL 2005, ch 137, §21.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-210 - Appearance of parties and child.

26-5B-210. Appearance of parties and child.
(a) In a child-custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.
(b) If a party to a child-custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to §26-5B-108 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.
(c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.
(d) If a party to a child-custody proceeding who is outside this state is directed to appear under subsection (b) or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
Source:
SL 2005, ch 137, §22.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-301 - Definitions.

26-5B-301. Definitions.
In this article:
(1)"Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child-custody determination.
(2)"Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child-custody determination.
Source:
SL 2005, ch 137, §23.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-302 - Enforcement under Hague Convention.

26-5B-302. Enforcement under Hague Convention.
Under this article a court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child-custody determination.
Source:
SL 2005, ch 137, §24.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-303 - Duty to enforce.

26-5B-303. Duty to enforce.
(a) A court of this state shall recognize and enforce a child-custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter.
(b) A court of this state may utilize any remedy available under other law of this state to enforce a child-custody determination made by a court of another state. The remedies provided in this article are cumulative and do not affect the availability of other remedies to enforce a child-custody determination.
Source:
SL 2005, ch 137, §25.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-304 - Temporary visitation.

26-5B-304. Temporary visitation.
(a) A court of this state which does not have jurisdiction to modify a child-custody determination, may issue a temporary order enforcing:
(1)A visitation schedule made by a court of another state; or
(2)The visitation provisions of a child-custody determination of another state that does not provide for a specific visitation schedule.
(b) If a court of this state makes an order under subsection (a)(2), it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in Article 2. The order remains in effect until an order is obtained from the other court or the period expires.
Source:
SL 2005, ch 137, §26.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-305 - Registration of child-custody determination.

26-5B-305. Registration of child-custody determination.
(a) A child-custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the appropriate court in this state:
(1)A letter or other document requesting registration;
(2)Two copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and
(3)Except as otherwise provided in §26-5B-209, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child-custody determination sought to be registered.
(b) On receipt of the documents required by subsection (a), the registering court shall:
(1)Cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form; and
(2)Serve notice upon the persons named pursuant to subsection (a)(3) and provide them with an opportunity to contest the registration in accordance with this section.
(c) The notice required by subsection (b)(2) must state that:
(1)A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state;
(2)A hearing to contest the validity of the registered determination must be requested within twenty days after service of notice; and
(3)Failure to contest the registration will result in confirmation of the child-custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.
(d) A person seeking to contest the validity of a registered order must request a hearing within twenty days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that:
(1)The issuing court did not have jurisdiction under Article 2;
(2)The child-custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2; or
(3)The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of §26-5B-108, in the proceedings before the court that issued the order for which registration is sought.
(e) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation.
(f) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
Source:
SL 2005, ch 137, §27.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-306 - Enforcement of registered determination.

26-5B-306. Enforcement of registered determination.
(a) A court of this state may grant any relief normally available under the law of this state to enforce a registered child-custody determination made by a court of another state.
(b) A court of this state shall recognize and enforce, but may not modify, except in accordance with Article 2, a registered child-custody determination of a court of another state.
Source:
SL 2005, ch 137, §28.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-307 - Simultaneous proceedings.

26-5B-307. Simultaneous proceedings.
If a proceeding for enforcement under this article is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under Article 2, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
Source:
SL 2005, ch 137, §29.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act › Section 26-5B-309 - Service of petition and order.

26-5B-309. Service of petition and order.
Except as otherwise provided in §26-5B-311, the petition and order must be served, by any method authorized by the state statute, upon respondent and any person who has physical custody of the child.
Source:
SL 2005, ch 137, §31.