Title 26 — MINORS

It is the purpose of this chapter, in conjunction with chapter 26-7A , to establish an effective state and local system for delinquent children including a focus on community-based rehabilitation. Source: SL 1991, ch 217 , § 151; SL 2015, ch 152 , § 19.

26-8C-12

Upon the successful completion of the dispositional plan of a delinquent child who has not been committed to the Department of Corrections, the court shall terminate its jurisdiction. If the court determines that the dispositional plan has not been successful, the court shall mak…

Repealed by SL 1992, ch 183 , § 7 26-8C-13

26-8C-15 Provisions for violation of terms and conditions of probation.

The terms and conditions of probation of a delinquent child shall be specified by rules or orders of the court and by court services officers. The duration of juvenile probation shall be specified by order of the court but may not exceed six months unless: (1) The child is placed…

The following provisions apply if the child is alleged to have violated the terms and conditions of probation and a formal allegation of a probation violation is filed: (1) The court shall set a hearing on the alleged violation and shall give five days' notice to the child, to th…

In this chapter and chapter 26-7A , the term "delinquent child" means any child ten years of age or older who, regardless of where the violation occurred, has violated any federal, state, or local law or regulation for which there is a penalty of a criminal nature for an adult, e…

An apparent or alleged delinquent child 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 the judgment…

(a) Generally, juveniles should only be held in secure detention when less restrictive placement alternatives are not appropriate. The standardized South Dakota JDAI Risk Assessment Instrument (RAI) is an objective tool used to assess a variety of risk factors relative to the lik…

If the court is satisfied that the best interests of the public, justice, and child will be served, the court may, without entering an adjudication of delinquency, with consent of the child, suspend imposition of adjudication of delinquency and place the child on probation under …

Where 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 as a delinqu…

Following adjudication of a child as a delinquent child, the court may order the child to be examined or treated by a physician or a qualified mental health professional or to receive other special care and may place the child in a hospital or other suitable facility for such pur…

If a child has been adjudicated delinquent, the court must enter a decree of disposition according to the least restrictive alternative available in keeping with the best interest of the child. The decree must contain one or more of the following: (1) The court may require the ch…

26-8C-10

An alleged or adjudicated delinquent child 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 specified dur…