Preliminary investigation by state's attorney--Authorized procedure on basis of investigation

SDCL § 26-7A-10 — under JUVENILE COURT.

SDCL § 26-7A-10

If a state's attorney is informed by a law enforcement officer or any other person that a child is, or appears to be, within the purview of this chapter and chapter 26-8A , 26-8B , or 26-8C , the state's attorney shall make a preliminary investigation to determine whether further action shall be taken. On the basis of the preliminary investigation, the state's attorney may: (1) Decide that no further action is required; (2) If the report relates to an apparent abused or neglected child and if additional information is required, refer the matter to the Department of Social Services for further investigation and recommendations; (3) If the report relates to a juvenile cited violation, proceed on the citation; (4) If the report relates to an apparent child in need of supervision, an apparent delinquent child, or a juvenile cited violation, refer the matter to a court services officer for any informal adjustment to the supervision of the court that is practicable without a petition or refer the matter to a court-approved juvenile diversion program for any informal action outside the court system that is practicable without the filing of a petition; or (5) File a petition to commence appropriate proceedings in any case that the youth does not meet the criteria provided in §