Title 26 — MINORS

Notwithstanding § 26-7A-14 , an apparent, alleged, or adjudicated abused or neglected child, child in need of supervision, or delinquent child may be held in temporary custody until released by order of the court. Source: SDC 1939, § 43.0320 as enacted by SL 1968, ch 164 , § 14; …

The officer or party who takes a child into temporary custody, with or without a court order, except under a court order issued during a noticed hearing after an action has been commenced, shall notify the state's attorney at the earliest opportunity of the time the child was tak…

At the temporary custody hearing the court shall consider the evidence of the need for continued temporary custody of the child in keeping with the best interests of the child. The temporary custody hearing may be conducted telephonically when necessary as determined by the court…

If the child is an apparent, alleged, or adjudicated abused or neglected child, after the temporary custody hearing the court may: (1) Order the release of the child from temporary custody, either with or without restriction or condition or upon written promise of the child's par…

Subsequent to a temporary custody hearing, if a placement is made of an apparent, alleged, or adjudicated abused or neglected child, placement preference shall be given to a relative entitled to placement under §

If a family service specialist employed by the Division of Child Protection Services within the department is contacted by a relative about the relative's desire to take temporary or permanent placement of an alleged or adjudicated abused or neglected child who has been removed f…

The circuit court has original jurisdiction in all proceedings under this chapter and chapters 26-8A , 26-8B , and 26-8C . If a child custody award has been made in a circuit court in a divorce action or other proceeding and the jurisdiction of the divorce court is continuing, a …

If the child is an apparent, alleged, or adjudicated delinquent child, after the temporary custody hearing the court shall release the child from temporary custody to the child's parents, guardian, or custodian, with or without restriction or condition or upon written promise of …

The taking of any child into temporary custody under this chapter or chapter 26-8A , 26-8B , or 26-8C is not an arrest and does not constitute a police record. Source: SDC 1939, § 43.0320 as enacted by SL 1968, ch 164 , § 14; SL 1991, ch 217 , § 23B; SDCL, § 26-8-19.7.

A board of county commissioners may provide and maintain at public expense temporary care, shelter, or detention facilities, sight and sound separated from adult prisoners, where children coming within the provisions of this chapter or chapter 26-8A , 26-8B , 26-8C , or §§ 26-11A…

If a board of county commissioners provides and maintains temporary care, shelter, or detention facilities under § 26-7A-23 , the board may contract or enter into an agreement under the authority of chapter 1-24 with the board of county commissioners of other counties of the stat…

A board of county commissioners shall provide by contract or otherwise for the temporary care, shelter or detention of children under this chapter and chapters 26-8A , 26-8B , and 26-8C pending the adjudication of such children. Section 26-7A-94 governs the payment of custodial c…

The records of law enforcement officers and agencies concerning all children taken into temporary custody or issued a summons or citation under this chapter or chapter 26-8A , 26-8B , or 26-8C shall be maintained separately from the records of arrest and any other records regardi…

No fingerprint, photograph, name, address, or other information concerning the identity of any child taken into temporary custody or issued a summons under this chapter or chapter 26-8A , 26-8B , or 26-8C may be released or transmitted to the Federal Bureau of Investigation or an…

Notwithstanding §§ 26-7A-27 and 26-7A-28 , information concerning children may be released, pursuant to an order of the court, to persons or agencies who have a legitimate interest in the child, to the child's parents, guardian, or custodian, or to the child's attorney. The Depar…

Proceedings in actions under this chapter or chapter 26-8A , 26-8B , or 26-8C shall be commenced in the county in which the child resides or is present or in which an alleged violation of law, ordinance, or court order occurred. Before or after commencement of proceedings in a co…

The court shall advise the child and the child's parents, guardian, or custodian involved in any action or proceedings under this chapter or chapter 26-8A , 26-8B , or 26-8C of their constitutional and statutory rights, including the right to be represented by an attorney, at the…

There is hereby created a lien, enforceable as provided in chapter 23A-40 , upon all the property, both real and personal, of the parents, jointly or severally, of any child involved in proceedings under this chapter or chapter 26-8A , 26-8B , or 26-8C to repay funds paid by the …

Terms used in this chapter mean: (1) "Mental illness," any diagnosable mental impairment supported by the most current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association; (2) "Developmental disability," a disabi…

Notwithstanding a finding by the court that the juvenile is competent to proceed in a juvenile proceeding, if the juvenile is subsequently transferred to adult court the issue of the juvenile's competency may be revisited. Source: SL 2013, ch 121 , § 10.

If, following the competency determination hearing pursuant to § 26-7A-32.7 , the court finds that the juvenile is not competent to proceed, but additionally finds that there exists a substantial probability that the juvenile will be competent in the foreseeable future, the court…

If, following the competency determination hearing provided in § 26-7A-32.7 , the court finds that the juvenile is not competent to proceed and that there does not exist a substantial probability that the juvenile will be competent in the foreseeable future, the court shall revie…

A juvenile cannot be the subject of a proceeding under chapters 26-8B or 26-8C while incompetent to proceed. Source: SL 2013, ch 121 , § 2.

The issue as to a juvenile's competency to proceed may be raised by the juvenile, by the state, or sua sponte by the court at any point in the juvenile proceeding if there is reasonable cause to believe the juvenile is suffering from a mental illness or developmental disability r…

If the court determines that a competency determination is necessary, the court shall order the juvenile be examined by a licensed psychiatrist or psychologist who is familiar with the clinical evaluation of juveniles. The examination shall take place within thirty days of the co…

Pending an examination ordered pursuant to § 26-7A-32.4 , the court shall suspend the proceeding pending the outcome of a competency determination hearing pursuant to §

The provisions of this section govern criteria for the examiner's report in order to assist the court's determination of competency. The examiner's report shall address the juvenile's capacity and ability to: (1) Understand the allegations of the petition; (2) Understand the natu…

Following receipt of the competency evaluation report from the examiner, the court shall provide copies of the report to the parties and hold a competency determination hearing. If the court finds that the juvenile is competent to proceed, the court shall set a time for the resum…

If the juvenile, state, or court asserts that a juvenile is not competent to proceed, the state has the burden of proving the competence of the juvenile by a preponderance of the evidence. Source: SL 2013, ch 121 , § 8.

Statements made by the juvenile in the course of a competency evaluation may not be admitted as evidence in the adjudicatory stage for the purpose of proving any alleged delinquent act. Source: SL 2013, ch 121 , § 9.

In scheduling hearings and trials, the court shall give priority to proceedings concerning a child who is in temporary custody or who has otherwise been removed from the home of the child's parents, guardian, or custodian before a final disposition has been made in the proceeding…

Hearings under this chapter and chapters 26-8A , 26-8B , and 26-8C shall be conducted as follows: (1) Adjudicatory hearings shall be conducted in accordance with rules of civil procedure under chapter 15-6 , except as otherwise provided in this chapter; and (2) Dispositional hear…

A verbatim record shall be taken of all hearings, except telephonic temporary custody hearings held pursuant to § 26-7A-13 , under this chapter and chapters 26-8A , 26-8B , and 26-8C . Source: SDC 1939, § 43.0327 as added by SL 1968, ch 164 , § 16; SL 1991, ch 217 , § 42B; SDCL, …

All hearings in actions under this chapter and chapter 26-8A , 26-8B , or 26-8C are closed unless the court finds compelling reasons to require otherwise. However, all pleadings and hearings shall be open and a matter of public record if a juvenile is summoned into court for an o…

Notwithstanding the provisions of § 26-7A-36 , the victim of any act of juvenile delinquency may attend all hearings involving the juvenile. The term, victim, means a person who is defined as a victim in subdivision 22-1-2(53) or in § 23A-28C-4 , or, if the victim is a child, the…

Records of court proceedings, including reports of the Department of Social Services, records and reports of court services officers, clinical studies, and evaluation reports, under this chapter and chapters 26-8A , 26-8B , and 26-8C shall be open to inspection by or disclosure t…

The name, picture, place of residence, or identity of any child, parent, guardian, custodian, or any person appearing as a witness in proceedings under this chapter or chapter 26-8A , 26-8B , or 26-8C may not be published or broadcast in any news media or given any other publicit…

A parent or guardian shall be entitled to the issuance of compulsory process for the attendance of witnesses on his own behalf or on behalf of the child. Upon application to the court, compulsory process shall be issued for the attendance of witnesses on behalf of the child. Sour…

No costs or fees may be assessed against any abused or neglected child but may be assessed against the child's parents, guardian, or custodian or other responsible party. Costs and fees permitted by law may be assessed or taxed against any child adjudicated to be a child in need …

The court may authorize the payment of witness fees and necessary travel expenses incurred by persons summoned or otherwise required to appear at hearings under this chapter and chapter 26-8A , 26-8B , or 26-8C . Payment may not exceed the amount allowed to witnesses in the circu…

The court may require an apparent, alleged, or adjudicated abused or neglected child, child in need of supervision, or delinquent child under jurisdiction of the court to be examined by a physician or qualified mental health professional. The court may place the child in a hospit…

Prior to or following adjudication or disposition of a child under the courts jurisdiction, the court may issue orders providing for any protection, support, or dental, medical, or surgical treatment of an alleged or adjudicated abused or neglected child, child in need of supervi…

A state's attorney may file with the clerk of courts a written petition alleging a child, located or residing in the county, to be an abused or neglected child, a child in need of supervision, or a delinquent child, as defined by this chapter or chapter 26-8A , 26-8B , or 26-8C .…

Upon the filing of the petition, the court, the clerk of the court, or the prosecuting attorney shall issue a summons stating the time, date, and place for the hearing on the petition that is directed to the child's parents, guardian, or custodian, if any. If the petition declare…

If the party having custody of an alleged child in need of supervision or alleged delinquent child, without reasonable cause, fails to bring the child before the court and to appear in person or by attorney with the child as required by the summons, the party may be proceeded aga…

If all persons and parties named in the summons and entitled to notice of hearing on the petition, including any attorney for the child, file a written request with the court that the child be declared to be an abused or neglected child, a child in need of supervision or a delinq…

The summons shall be served in the same manner as personal service of summons according to the rules of civil procedure or by publication as provided in this chapter not less than five days before the date of the hearing on the petition and shall be served as follows: (1) On the …

If the summons is not served on any parent, guardian, or custodian of the child, if any party fails to obey the summons, or if it is made apparent to the court by affidavit of the state's attorney, which may be on information and belief, that a summons will be ineffective to secu…

Proceedings under this chapter and chapters 26-8A , 26-8B , and 26-8C shall be in the best interests of the child. Source: SDC 1939, § 43.0304; SL 1968, ch 164 , § 4; SL 1991, ch 217 , § 4B; SDCL, § 26-7-11; SL 1994, ch 213 .

If a warrant is issued for any child whose presence is required by the court, any law enforcement officer may take the child into custody and bring the child before the court. In lieu of taking custody of the child, the court or any officer processing the warrant may accept the v…