Title 26 — MINORS
27 chapters · 560 sections in this title.
SDCL 26-7A-20
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Ord. 03-1), § 63; SL 2004, ch 182 , § 1; SL 2005, ch 120 , § 129; SL 2007, ch 163 , § 3; SL 2008, ch 139 , § 2; SL 2015, ch 152 , § 29, eff. Jan. 1, 2016; SL 2016, ch 146 , § 7, eff. Mar. 25, 2016; SL 2021, ch 120 , § 2.
SDCL § 26-8B-1 Purpose of chapter
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It is the purpose of this chapter, in conjunction with chapter 26-7A , to establish an effective state and local system for children in need of supervision, including a focus on community-based rehabilitation. Source: SL 1991, ch 217 , § 140; SL 2015, ch 152 , § 28.
SDCL § 26-8B-2 Child in need of supervision defined
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For purposes of this chapter, a child in need of supervision is a child: (1) Of compulsory school age who is habitually absent from school without legal excuse; (2) Who has run away from home or is otherwise beyond the control of the child's parent, guardian, or custodian; (3) Wh…
Circumstances requiring release--Circumstances allowing detention--Length of detention
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An apparent or alleged child in need of supervision taken into temporary custody by a law enforcement officer prior to a temporary custody hearing shall be released to the child's parents, guardian, or custodian unless the parents, guardian, or custodian cannot be located or in t…
SDCL § 26-8B-4 Community response team recommendation--Plan of disposition
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If a community response team as defined in § 26-8D-1 has been established , following any advisory or initial hearing, the court may seek recommendations for community-based interventions and rehabilitative resources from the team. Following adjudication of a child in need of sup…
SDCL § 26-8B-5 Medical or mental health care for child
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Following adjudication of a child as a child in need of supervision, the court may order the child to be examined or treated by a physician or qualified mental health professional or to receive other special care and may place the child in a hospital or other suitable facility fo…
SDCL § 26-8B-6 Decree of disposition--Contents--Findings
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If a child has been adjudicated as a child in need of supervision, the court shall enter a decree of disposition according to the least restrictive alternative available in keeping with the best interests of the child. The decree shall contain one or more of the following: (1) Th…
SDCL § 26-8B-7 Limit of temporary custody
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An alleged or adjudicated child in need of supervision may not be held in temporary custody for more than ninety days beginning with the date the child is first taken into custody unless at the ninetieth day the child is in the process of receiving treatment or care which has a s…
SDCL § 26-8B-8 Terms and conditions of probation--Duration--Written statement and explanation required--Review--Release--Modification
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The terms and conditions of probation of a child in need of supervision shall be specified by rules or orders of the court and by a court services officer. The duration of juvenile probation shall be specified by order of the court but may not exceed six months unless: (1) The ch…
SDCL § 26-8B-9 Provisions for violation of terms and conditions
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The following provisions apply if the child is alleged to have violated the terms and conditions of probation and a formal petition is filed with the court: (1) The court shall set a hearing on the alleged violation and shall give five days' notice to the child, to the child's pa…