Title 26 — MINORS

For purposes of §§ 26-8A-35 and 26-8A-36 , a health care practitioner is a person licensed, accredited, or certified to perform specified health services consistent with state law. Source: SL 2018, ch 167 , § 3.

In addition to the report required under § 26-8A-3 , any person who has reasonable cause to suspect that a child has died as a result of child abuse or neglect as defined in § 26-8A-2 shall report that information to the medical examiner or coroner. Upon receipt of the report, th…

As used in §§ 26-8A-3 and 26-8A-7 , the terms "teacher," "school counselor," "school official," "school administrator," "school principal," and "school superintendent" apply to any person substantially performing the respective duties of any such position in a public or private s…

Any person who has contact with a child through the performance of services as a member of a staff of a hospital or similar institution shall immediately notify the person in charge of the institution or his designee of suspected abuse or neglect. The person in charge shall repor…

Any person who has contact with a child through the performance of services in any public or private school, whether accredited or unaccredited, as a teacher, school nurse, school counselor, school official or administrator, or any person providing services pursuant to § 13-27-3 …

The reports required by §§ 26-8A-3 , 26-8A-6 , and 26-8A-7 and by other sections of this chapter shall be made orally and immediately by telephone or otherwise to the state's attorney of the county in which the child resides or is present, to the Department of Social Services or …

Upon receipt of a report pursuant to § 26-8A-8 , the Department of Social Services or law enforcement officers shall investigate. Investigating personnel may personally interview a child out of the presence of the child's parents, guardian, or custodian without advance notice or …

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.

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…

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…

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…

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…

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…

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…

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…

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…

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…

Terms used in this chapter mean: (1) "Community response team" or "team," a support team tasked with finding viable community resources to help rehabilitate children alleged to be delinquent and children alleged to be in need of supervision in community-based settings who are at …

The presiding judge of each judicial circuit may appoint one or more community response teams to assist judges by recommending viable community-based interventions for children alleged to be delinquent and children alleged to be in need of supervision. Each team appointed must in…

The Supreme Court may establish rules, pursuant to § 16-3-1 , regarding formation of a community response team and the procedures to be followed by the team. Source: SL 2015, ch 152 , § 15, eff. Jan. 1, 2016.

The Unified Judicial System shall provide semiannually to the oversight council the following nonidentifying aggregate data for any jurisdiction where a community response team has been established: (1) Number of referrals to the team by each judicial circuit; (2) The number and …

Any child required to participate in a community service program is not an agent or employee of the recipients of these services. Any recipient of community service, described in §§ 26-8C-7 and 26-8B-6 , does not have to provide the child with reemployment assistance insurance pu…

If a judge orders more than fourteen days of detention in a thirty-day period pursuant to § 26-8C-7 or 26-8B-6 , the court shall enter findings of fact and conclusions of law to include in the dispositional decree justifying the need for extended detention. Source: SL 2015, ch 15…

The Unified Judicial System shall report semiannually to the oversight council: (1) The number of juvenile probation admissions; (2) The number of juveniles for whom a request for extension is made; (3) The number and percent of juveniles for whom extensions are granted; (4) The …

The Unified Judicial System shall report semiannually to the oversight council the number and percent of juvenile probationers who received a graduated response, the number and percent of juvenile probationers receiving a formal allegation of a probation violation, the number and…

The Department of Corrections, pursuant to the provisions of chapter 26-11A and § 26-8C-7 or 26-8B-6 , may place a child in a group care center operated and maintained by a nonstate entity only in accordance with a performance-based reimbursement rate structure as provided in the…

The Department of Corrections, pursuant to the provisions of chapter 26-11A and § 26-8C-7 or 26-8B-6 , may place a child in a residential treatment center or intensive residential treatment center only in accordance with a performance-based reimbursement rate structure as provide…

The Department of Corrections shall report semiannually to the oversight council the number of children committed, number of recommitments, the average length of stay in residential placement in total and by provider, and average length of commitment among children discharged fro…

The Department of Corrections shall provide a fiscal incentive program to incentivize county use of diversion opportunities. To receive funding from the fiscal incentive program, a county must submit an application to the department before September first of each year. The applic…

The Department of Corrections shall report semiannually to the oversight council the number and percent of juveniles violating aftercare, the number and percent of juveniles whose aftercare is revoked, and the action taken as a result of the revocation. Source: SL 2015, ch 152 , …

The juvenile justice detention cost-sharing fund is hereby created in the Department of Corrections for the purpose of assisting counties with increased costs due to increased juvenile detention expenses paid by counties. Source: SL 2015, ch 152 , § 42.

Any county that provides the Department of Corrections with documentation showing juvenile detention bed days paid by the county for calendar years 2013, 2014, and 2015 by March 1, 2016, is considered a participating county. All other counties are nonparticipating counties. A non…

Beginning on March 1, 2017, and March first of each year thereafter, each participating county shall submit to the Department of Corrections the number of juvenile detention bed days paid by the county in the preceding calendar year. Only a participating county is eligible for re…

The Department of Corrections shall compare the number of detention bed days each county paid in the preceding calendar year to the average number of detention bed days paid in calendar years 2013, 2014, and 2015. If the days paid in the calendar year in question exceed the avera…

June 28, 2019.