27 chapters · 560 sections in this title.
SDCL § 26-11A-28 Monitor to report findings of abuse or neglect
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It shall be the responsibility of the monitor to report immediately, in writing, any findings of abuse or neglect in a juvenile corrections facility to the secretary of the Department of Corrections, the Government Operations and Audit Committee created in § 2-6-2 , and the Gover…
SDCL § 26-11A-29 Repealed by SL 2002, ch 133 , § 2 26-11A-30 Disclosure of identities of juveniles or others requesting assistance not required--Identity of person reporting to monitor to remain confidential
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26-11A-31 Knowingly hindering actions of monitor as misdemeanor. 26-11A-32 Retaliatory acts against individual who cooperates with monitor prohibited--Violation as misdemeanor. 26-11A-33 Identities of persons or agencies reporting to monitor to remain confidential. 26-11A-33.1 Co…
SDCL § 26-11A-3 Liability for medical and related services cost for committed juvenile--Securing payment on failure of responsible party to pay
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The parent or parents, guardian, conservator, custodian, or other responsible party is liable for the medical, dental, optical, psychological, and other like services of a juvenile committed to the Department of Corrections. Upon failure to pay, the department may proceed to secu…
SDCL § 26-11A-30 Disclosure of identities of juveniles or others requesting assistance not required--Identity of person reporting to monitor to remain confidential
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For purposes of any audit, report, evaluation, or public testimony that may be permitted or required under §§ 26-11A-24 to 26-11A-33 , inclusive, no disclosure of the identity of, or any other personally identifiable information related to, any juvenile or any individual requesti…
SDCL § 26-11A-31 Knowingly hindering actions of monitor as misdemeanor
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A person who knowingly hinders the lawful actions of the monitor is guilty of a Class 1 misdemeanor. Source: SL 2000, ch 128 , § 8.
SDCL § 26-11A-32 Retaliatory acts against individual who cooperates with monitor prohibited--Violation as misdemeanor
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No state agency nor any individual acting for a state agency may take any adverse action against an individual in retaliation because the individual cooperated with or provided information to the monitor. A violation of this section is a Class 1 misdemeanor. Source: SL 2000, ch 1…
SDCL § 26-11A-33 Identities of persons or agencies reporting to monitor to remain confidential
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The identity of the juvenile and of any person or agency making a report to the monitor shall be kept confidential. Source: SL 2000, ch 128 , § 10.
SDCL § 26-11A-33.1 Confidential report of allegations of abuse and neglect within private contracted facilities
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The secretary of the Department of Corrections shall compile a confidential report of all allegations of abuse and neglect of individuals under the jurisdiction of the Department of Corrections within private contracted facilities. The secretary shall provide the report to the Go…
SDCL § 26-11A-34 Records to be provided to the court and Department of Social Services
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File material concerning a child under the jurisdiction of the Department of Corrections shall be provided, upon request, to the Department of Social Services for the purposes of developing family service agreements and dispositional recommendations and to the court for use at th…
SDCL § 26-11A-4 Prohibition against court's commitment of juvenile to specific department facility or program
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The court may not commit a juvenile to a specific department facility or program. No juvenile has any implied right or expectation to be housed in a specific facility, participate in a specific program, or receive specific services. Source: SL 1996, ch 172 , § 54.
SDCL § 26-11A-5 Age limit for juvenile within departmental jurisdiction
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No adjudicated juvenile may remain within the jurisdiction of the Department of Corrections beyond the age of twenty - one years. Source: SL 1996, ch 172 , § 55.
SDCL § 26-11A-6 Age limit for placement of child sentenced as adult into juvenile facility--Affect on status
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A child under the age of eighteen years who has been sentenced as an adult felon to a term of imprisonment in a state correctional facility may be placed in a Department of Corrections juvenile facility by the secretary of corrections. This section does not affect the child's sta…
SDCL § 26-11A-7 Jurisdiction and custody of adjudicated juvenile
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Any adjudicated juvenile committed to the Department of Corrections is at all times within the jurisdiction of the department and considered in the custody of the department until discharged. Source: SL 1996, ch 172 , § 57.
SDCL § 26-11A-8 Extent of security and treatment services for committed juvenile--Placement of juvenile
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If a juvenile is committed to the Department of Corrections, the department shall determine the extent of security and treatment services that are in the best interest of the juvenile and in the best interest of the state. When the department makes its determination, it shall pla…
SDCL § 26-11A-8.1 Treatment and aftercare plans--Treatment team meetings
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For any child in the custody of the Department of Corrections and placed in a residential facility, state-run or private, the department shall participate in a monthly treatment team meeting with the residential facility. The department shall: (1) Review progress on the treatment…
SDCL § 26-11A-9 Transfer of juvenile after initial placement
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After the juvenile's initial placement pursuant to § 26-11A-8 , the secretary of corrections may transfer a juvenile to a different Department of Corrections facility or program, the Human Services Center, detention, shelter, or a group home, group care center, residential treatm…
SDCL 26-7A-26
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Source: SL 1996, ch 172 , § 63.
SDCL § 26-12-15 Interstate Compact on Juveniles continued in force--Text of compact
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There continues in force a compact between this state and any other state or states legally joining therein in the form substantially as follows: INTERSTATE COMPACT ON JUVENILES ARTICLE I, PURPOSE The compacting states to this Interstate Compact recognize that each state is respo…
SDCL § 26-13-1 Compact continued--Text
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The interstate compact on the placement of children is hereby continued in force with all other jurisdictions legally joining therein in the form substantially as follows: ARTICLE I. PURPOSE AND POLICY It is the purpose and policy of the party states to cooperate with each other …
SDCL § 26-13-2 Department as authority to concur in placement of children
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The term, "appropriate public authorities," as used in Article III of the interstate compact on the placement of children shall, with reference to this state, mean the Department of Social Services and said department shall receive and act with reference to notices required by sa…
SDCL § 26-13-3 Department as agency for supervision of children placed
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As used in paragraph (a) of Article V of the interstate compact on the placement of children, the term, "appropriate authority in the receiving state," with reference to this state shall mean the Department of Social Services. Source: SL 1974, ch 180 , § 4.
SDCL § 26-13-4 Executive authority--Administration of compact
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As used in Article VII of the interstate compact on the placement of children, the term, "executive," shall mean the Governor. The Governor is hereby authorized to appoint a compact administrator in accordance with the terms of said Article VII, and the administration of the comp…
SDCL § 26-13-5 Financial responsibility for child placement
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Financial responsibility for any child placed pursuant to the provisions of the interstate compact on the placement of children shall be determined in accordance with the provisions of Article V thereof in the first instance. However, in the event of partial or complete default o…
SDCL § 26-13-6 Supplementary agreements with other states--Approval by commissioner of finance
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The officers and agencies of this state and its subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to paragraph (b) of Article V of the interstate compact on the …
SDCL § 26-13-8 Placement of child in another state--Retention of jurisdiction by court
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Any court having jurisdiction to place delinquent children may place such a child in an institution or in another state pursuant to Article V of the interstate compact on the placement of children and shall retain jurisdiction as provided in Article V thereof. Source: SL 1974, ch…
SDCL § 26-13-9 Visitation, inspection, and supervision requirements deemed met when performed pursuant to compact
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Any requirements for visitation, inspection, or supervision of children, homes, institutions, or other agencies in another party state which may apply under the provisions of this chapter shall be deemed to be met if performed pursuant to an agreement entered into by appropriate …
SDCL § 26-14-1 Creation--Expenditure restricted
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The children's trust fund is created as a separate fund in the state treasury. The fund shall be expended only as provided in this chapter. Source: SL 1984, ch 194 , § 1.
SDCL § 26-14-2 Acceptance of contributions
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The state treasurer may receive, by gift or devise, contributions, grants, or gifts in cash or otherwise from persons, associations, or corporations to be deposited in the children's trust fund. Source: SL 1984, ch 194 , § 3.
SDCL § 26-14-3 Use of fund--Administrative charges prohibited
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The children's trust fund may be used with any other money otherwise annually appropriated or contributed to nonprofit organizations to establish or continue community - based education programs to prevent the occurrence and recurrence of child abuse and neglect. The department m…
SDCL § 26-14-5 Participating fund status
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The children's trust fund shall be designated as a participating fund pursuant to §
SDCL 4-5-30
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Source: SL 1984, ch 194 , § 6.
SDCL § 26-15-1 Programs developed by school districts--Private schools
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Each public school district shall, in coordination with local law enforcement agencies, develop a fingerprinting program for students of elementary and secondary schools. The principal or chief administrator of a nonpublic or parochial school may develop a fingerprinting program …
SDCL § 26-15-2 Purpose--Requirements
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Fingerprinting programs shall be developed for the sole purpose of providing a means by which a missing child may be located or identified and shall be operated as follows: (1) No student or minor may be required to participate in the program; (2) In order for a student or minor …
SDCL § 26-15-3 Periodic offering of program--Notice to parents
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The fingerprinting program developed pursuant to this chapter shall be offered on a periodic basis. Parents, guardians, legal custodians, and residents of school districts shall be notified of the program by means of memoranda or letters sent to these persons, by newspaper articl…
SDCL § 26-15-4 Other fingerprinting programs unaffected
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This chapter does not apply to any fingerprinting programs for minors that are provided by private organizations or governmental entities other than school districts. Source: SL 1985, ch 217 , § 4.
SDCL § 26-16-1 Agreement to form county interdisciplinary child information team--Members
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The following persons and agencies operating within a county may, by written agreement, form a county interdisciplinary child information team: (1) The state's attorney; (2) The county sheriff; (3) The chief of police of any municipality; (4) The superintendent or the chief execu…
SDCL § 26-16-2 Team voting to allow additional persons to join team--Authorized members
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The persons and agencies signing a written agreement to form a county interdisciplinary child information team may, from time to time, by majority vote, allow the following persons to sign the written agreement and join the team: (1) Any physician, psychologist, psychiatrist, nur…
SDCL § 26-16-3 Auxiliary teams
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The county interdisciplinary child information team may form one or more auxiliary teams for the purpose of providing service to a single child, a group of children, or specific children with a particular type of problem, or for any other purpose. Each auxiliary team is subject t…
SDCL § 26-16-4 Information sharing in serving child for specified purposes--Confidentiality
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The county interdisciplinary child information team and the written agreement shall facilitate the exchange and sharing of information that one or more team members may be able to use in serving a child in the course of their professions, specialities, interests, or occupations f…
SDCL § 26-16-5 Terms of written agreement--Filing
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The terms of the written agreement shall provide for the rules under which the team will operate, the method by which information will be shared, distributed, and managed, the means by which the confidentiality of the information will be safeguarded, and any other matters necessa…
SDCL § 26-16-6 Education records
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To the extent that the county interdisciplinary child information team is involved in a proceeding that is held prior to adjudication by a court, the team satisfies the requirements of 20 U.S.C. 1232g(b)(1)(E)(ii)(I) of the Family Educational Rights and Privacy Act of 1974. South…
SDCL § 26-16-7 Immunity from civil liability for team members acting in good faith
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Any person serving as a member of a county interdisciplinary child information team as provided in § 26-16-1 whose action in facilitating the exchange and sharing of information in serving any child in the course of their professions, specialities, interests, or occupations for t…
SDCL § 26-16-8 Agreement to include requirement for notice to parent or guardian--Exception
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Any agreement pursuant to this chapter shall include a requirement for notice to the parent or guardian unless the parent or guardian is the subject of an investigation by one of the participating agencies with respect to the child's conduct or welfare. Source: SL 2005, ch 143 , …
SDCL § 26-17-1 Agreement for parent locator service
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The Department of Social Services shall enter into an agreement with the secretary of health and human services as authorized by the Parental Kidnapping Act of 1980, 94 Stat. 3572, 42 U.S.C. 663, as amended, under which the services of the parent locator service established pursu…
SDCL § 26-17-2 Missing child report--Time for law enforcement agency to integrate information into national crime information center computer
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When a missing child report is made to a law enforcement agency in this state that has jurisdiction in the matter, the law enforcement agency shall gather readily available information about the missing child and integrate such information into the national crime information cent…
SDCL § 26-17-3 Notice to parents that information integrated into computer
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Whenever a law enforcement agency integrates information about a missing child into the national crime information center computer, the law enforcement agency shall promptly notify the missing child's parents, custodial parent, guardian, or legal custodian, or any other person re…
SDCL § 26-17-4 Information provided about missing child
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Each parent, custodial parent, guardian, legal custodian, or other person responsible for the missing child shall provide available information upon request, and may provide information voluntarily, to the law enforcement agency during the information gathering process. The law e…
SDCL § 26-18-1 Short title
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This chapter may be cited as the Uniform Child Abduction Prevention Act. Source: SL 2007, ch 169 , § 1.
SDCL § 26-18-10 Duration of abduction prevention order
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An abduction prevention order remains in effect until the earliest of: (1) The time stated in the order; (2) The emancipation of the child; (3) The child's attaining eighteen years of age; or (4) The time the order is modified, revoked, vacated, or superseded by a court with juri…
SDCL § 26-18-11 Uniformity of application and construction
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In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: SL 2007, ch 169 , § 11.