Title 26 — MINORS

Source: SL 2018, ch 166 , § 1; SL 2020, ch 89 , § 4.

Source: SL 2013, ch 121 , § 3.

Source: SL 2013, ch 121 , § 1.

Source: SDC 1939, § 43.0330; SL 1991, ch 217 , § 95B; SDCL, § 26-8-47; SL 1993, ch 213 , § 122; SL 1996, ch 172 , § 9.

Terms used in this chapter and in chapters 26-8A , 26-8B , and 26-8C mean: (1) "Abused or neglected child," a child as defined in § 26-8A-2 ; (2) "Adjudicatory hearing," a hearing to determine whether the allegations of a petition alleging that a child is abused or neglected are …

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…

Unless otherwise specifically ordered by the court in its order or decree, nothing in this chapter or in chapter 26-8A , 26-8B , or 26-8C gives the conservatorship of the estate of the child to any guardian appointed or changes the age of minority of a child for any purpose unles…

Except as provided in § 26-11A-21 , guardianship or conservatorship of a child under this chapter or chapter 26-8A , 26-8B , or 26-8C shall continue until the court orders otherwise, but not after the child has attained the age of majority except as stated in §

If the court commits the child to the Department of Corrections, the court's jurisdiction shall be limited to §

The court may require any guardian, institution, or association having custodial care of a child under this chapter or chapter 26-8A , 26-8B , or 26-8C to submit to the court a complete report on the party's actions regarding the child in the manner and form and at the time direc…

On consideration of the report of the guardian, institution, or association submitted to the court pursuant to § 26-7A-103 , except for a child committed to the Department of Corrections, the court may conduct a review dispositional hearing and: (1) Remove the guardian and appoin…

No adjudication or disposition under this chapter or chapter 26-8A , 26-8B , or 26-8C may cause disqualification or ineligibility of a child for any public office, civil service, or military service. No child may be termed a criminal because of any adjudication or disposition, no…

No adjudication, disposition, or evidence given in any proceedings under this chapter or chapter 26-8A , 26-8B , or 26-8C is admissible against a child in any criminal, civil, or other proceeding, except in subsequent proceedings under this chapter and related chapter 26-8C regar…

The court may make an order of protection in assistance of, or as a condition of, any decree of disposition authorized by this chapter or chapter 26-8A , 26-8B , or 26-8C . The order of protection may set forth reasonable conditions of behavior to be observed for a specified peri…

The following provisions apply if a person is alleged to have violated the terms and conditions of an order of protection entered pursuant to this chapter: (1) The court shall set a hearing on the alleged violation and shall give five days' notice to the person subject to the ord…

If an order of protection is granted pursuant to this chapter, and the person whose conduct is to be restrained or otherwise controlled knows or has reason to know of the order, a violation of the order is a Class 2 misdemeanor. Any proceeding under this chapter is in addition to…

The court may modify or set aside any order or decree made by it, except a decree terminating parental rights. No modification of an order or decree may be made without a hearing if a violation of the terms of probation governing a child in need of supervision or a delinquent chi…

The running of a juvenile probationer's probationary period shall be suspended if: (1) The juvenile probationer absconds from supervision; (2) Any petition to modify or revoke a term of probation is filed; or (3) A probation violation report is filed during any pending court proc…

If custody of a child has been vested by the court in an individual, institution, or agency, other than the Department of Corrections, a parent whose parental rights have not been terminated, or a former guardian or custodian of the child may petition the court for restoration of…

A report of a preliminary investigation involving any apparent child in need of supervision, any apparent delinquent child, or any juvenile cited violation, may be referred to a court services officer for informal adjustment or to a court-approved juvenile diversion program for i…

A child or a child's parents, guardian, custodian, or guardian ad litem may petition the court for a new hearing related to adjudication or disposition on the ground that new evidence has been discovered which was not known and could not with due diligence have been made availabl…

Provisions of this chapter and chapters 26-8A , 26-8B , and 26-8C do not affect the "Interstate Compact on Juveniles" in chapter 26-12 or "Interstate Compact on Placement of Children" in chapter 26-13 . In the event of any inconsistency or conflict, the provisions of chapter 26-1…

An intermediate appeal or an appeal may be taken from a judgment, decree, or order under the provisions of this chapter and chapters 26-8A , 26-8B , and 26-8C according to the rules of procedure governing civil appeals. The appellant shall also serve the written notice of appeal …

In any action involving an abused or neglected child, the records and files of the court may be sealed by court order issued on the court's own motion or on the petition of any party to the action after the termination or completion of the action in all respects and after the exp…

In any action involving a child in need of supervision, the records and files of the court may be sealed by court order issued on the court's own motion or on the petition of any party to the action after the termination or completion of the action in all respects, after the expi…

In any action involving a delinquent child, the records and files of the court may be sealed by a court order issued on the court's own motion or on the petition of the child or the child's parents. However, no such petition may be filed and considered by the court until after on…

A victim of human trafficking may petition the court directly or through a parent, guardian, or guardian ad litem, for the expungement of a delinquency record that resulted from being a victim of human trafficking, as defined in § 22-49-1 , or sexual exploitation, as defined in §

If the court orders the sealing of the records and files pursuant to § 26-7A-113 , 26-7A-114 , or 26-7A-115 , copies of the sealing order shall be sent to each agency or official named in the order. Subsequent inspection of the sealed records may thereafter be permitted by the co…

A child may be committed to the Department of Corrections only until the child has attained the age of twenty - one years. Source: SL 1992, ch 183 , § 8; SL 1996, ch 172 , § 14.

Notwithstanding any other provision of this chapter, at least one custodial parent or guardian of any child who is the subject of child in need of supervision or delinquency proceedings under this chapter or chapter 26-8B or 26-8C shall appear at any hearing, except a hearing und…

26-7A-121

A child may be taken into temporary custody by a law enforcement officer without order of the court: (1) If the child is subject to arrest under the provisions of §§ 23A-3-2 and 23A-3-4 ; (2) If the child is abandoned or seriously endangered in the child's surroundings or is seri…

A child alleged to have violated § 13-32-7 may be taken into temporary custody by a law enforcement officer who shall immediately notify an intake officer who shall conduct a hearing pursuant to §

Records prepared or maintained by court services officers are confidential. However, such records may be inspected by, or disclosed to, justices, judges, magistrates, and employees of the Unified Judicial System in the course of their duties and to persons specifically authorized…

26-7A-123 Department of Corrections to file periodic report on child in custody--Contents of report. 26-7A-124 Judicial review of report--Court may issue show cause order against department. 26-7A-125 Graduated sanctions and incentives program for responding to probation violatio…

The court committing a child to the Department of Corrections under this chapter and chapters 26-8B and 26-8C may, at any time after making the commitment and as long as the child is under the jurisdiction of the department, upon proper application and noticed hearing, order the …

Within thirty days after a child is committed to the Department of Corrections under this chapter, or chapter 26-8B , or 26-8C , and every ninety days thereafter while the child remains in a correctional placement, the Department of Corrections shall file a written report with th…

Upon review of the information provided in § 26-7A-123 , the court may, upon its own motion, enter an order compelling the secretary of corrections to appear and show cause why the court should not order the discharge of the child from the department, order the child to be restor…

The Supreme Court shall establish rules, pursuant to § 16-3-1 , to develop a graduated sanctions and incentives procedure and grid to guide court services officers in determining the appropriate response to a violation of terms or conditions of probation in juvenile cases. If the…

The following allegations of delinquency and children in need of supervision shall be treated as juvenile cited violations by law enforcement: (1) Petty theft in the second degree pursuant to § 22-30A-17.3 ; (2) Intentional damage to property, four hundred dollars or less, pursua…

If the state's attorney elects to proceed on the citation pursuant to subdivision 26-7A-10(3), the child shall be asked for an admission or denial of the alleged violation. If the child admits to the violation, the court shall accept the admission and enter a judgment pursuant to…

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 offic…

The court may order temporary custody of any child within the jurisdiction of the court during any noticed hearing. Without noticed hearing, the court or an intake officer may immediately issue a written temporary custody directive in the following instances on receipt of an affi…

Upon taking a child into temporary custody pursuant to § 26-7A-12 , the law enforcement officer or court service officer shall immediately notify an intake officer who shall conduct a hearing pursuant to §

The law enforcement officer or court service officer taking a juvenile into custody shall deliver the juvenile to the temporary custodian as directed by the court or intake officer. Source: SL 1992, ch 183 , § 19.

An apparent abused or neglected child taken into temporary custody and not released to the child's parents, guardian, or custodian may be placed in the temporary care of the Department of Social Services, foster care, or a shelter as designated by the court to be the least restri…

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 immediately, without unnecessary delay in keeping with the circumstances, inform the …

In any proceeding under chapters 26-7A , 26-8A , or 26-8B , to which the terms of the "Indian Child Welfare Act", 25 U.S.C. § 1901 et seq., as amended to January 1, 2005, apply: (1) If the state's attorney knows or has reason to know that an Indian child is involved, the state's …

The form of the notice provided for in § 26-7A-15.1 is as follows: STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT ) ss COUNTY OF ______________) _____ JUDICIAL CIRCUIT THE PEOPLE OF THE STATE OF ) Juv. No.__________ SOUTH DAKOTA IN THE INTEREST) OF ____________________________, ) NOTIC…

As used in this chapter, the term, designated tribal agent, means the agent, agency, or entity designated by the tribe, through tribal code or resolution, to receive notices of child custody proceedings subject to the Indian Child Welfare Act. The tribe may provide, in writing, t…