There is a newer version of the South Dakota Codified Laws
2016 South Dakota Codified Laws
Title 26 - MINORS
Chapter 07A - Juvenile Court
- § 26-7A-1 Definition of terms.
- § 26-7A-2 Original jurisdiction of dependency and delinquency proceedings--Effect of custody award in prior divorce proceedings--Application of Indian Child Welfare Act.
- § 26-7A-3 Venue of dependency and delinquency proceedings--Transfer of proceedings.
- § 26-7A-4 No costs or fees assessed against abused or neglected child--Assessment to parents or guardian--Fees permitted against supervised or delinquent child.
- § 26-7A-5 Proceedings in best interest of child.
- § 26-7A-6 Liberal construction for protection of child.
- § 26-7A-7 Interference with court orders as contempt--Punishment.
- § 26-7A-8 Court services officers--Appointment--Duties.
- § 26-7A-9 State's attorneys to represent state and Department of Social Services--Exemption.
- § 26-7A-10 Preliminary investigation by state's attorney--Authorized procedure on basis of investigation.
- § 26-7A-11 Requirements for referral for informal adjustment or action.
- § 26-7A-11.1 Criteria for referral for informal adjustment or action.
- § 26-7A-12 Temporary custody by law enforcement officer or court services officer without court order.
- § 26-7A-12.1 Child in possession of firearms on school property may be taken into temporary custody.
- § 26-7A-13 Court-ordered temporary custody--Noticed hearing--Without noticed hearing.
- § 26-7A-13.1 Hearing by intake officer.
- § 26-7A-13.2 Delivery of juvenile to temporary custodian.
- § 26-7A-14 Temporary care of child by caretaker designated by court--Limitation of temporary custody--Release.
- § 26-7A-15 Notice to parents, guardian, or custodian of child taken into temporary custody--Notice of hearing--Information to Indian custodian or designated tribal agent--Failure to notify.
- § 26-7A-15.1 Proceedings under certain chapters to which the Indian Child Welfare Act applies--Procedures.
- § 26-7A-15.2 Form of notice to parent, custodian, or Indian tribe of child custody proceeding.
- § 26-7A-15.3 Designated tribal agent defined.
- § 26-7A-16 Child held until released by court.
- § 26-7A-17 Notice to state's attorney of child taken into temporary custody--Written report--Notice to court.
- § 26-7A-18 Temporary custody hearing--Best interests of child--Conducted telephonically.
- § 26-7A-19 Options of court following temporary custody hearing for abused or neglected child.
- § 26-7A-19.1 Preference for placement of abused or neglected child with relatives after hearing.
- § 26-7A-19.2 Action by division when relative desires to take temporary or permanent placement of abused or neglected child.
- § 26-7A-20 Release of child in need of supervision after temporary custody hearing--Exceptions.
- § 26-7A-21 Release of delinquent child after temporary custody hearing--Exceptions.
- § 26-7A-22 Temporary custody not an arrest.
- § 26-7A-23 Temporary care, shelter, or detention facilities maintained by board of county commissioners.
- § 26-7A-24 Intercounty contracts for use of facilities.
- § 26-7A-25 County to care for children pending adjudication.
- § 26-7A-26 Detention in jail with adult prisoners prohibited for abused or neglected child-- Temporary detention--Detention with adults for child transferred to adult court.
- § 26-7A-27 Police records of children taken into temporary custody--Confidentiality.
- § 26-7A-28 Release of information on identity of child prohibited except by court order or when child adjudicated delinquent offender.
- § 26-7A-29 Release of information to persons, agencies, or facilities with legitimate interest in child.
- § 26-7A-30 Rights of child and parents, guardian, or custodian--Representation by attorney--Motion for new hearing--Appeal.
- § 26-7A-31 Court appointed attorney--Compensation.
- § 26-7A-32 Lien against property of parents for payment of court-appointed attorney--Exceptions--Limitation.
- § 26-7A-32.1 Definition of terms regarding competency of juvenile.
- § 26-7A-32.2 Incompetent juvenile not subject to chapters 26-8B or 26-8C.
- § 26-7A-32.3 Raising issue of competency.
- § 26-7A-32.4 Competency examination.
- § 26-7A-32.5 Suspension of proceeding pending competency determination.
- § 26-7A-32.6 Examiner's report.
- § 26-7A-32.7 Competency determination hearing.
- § 26-7A-32.8 Burden of proving competence.
- § 26-7A-32.9 Statements by juvenile during competency evaluation not admissible.
- § 26-7A-32.10 Competency may be revisited upon transfer to adult court.
- § 26-7A-32.11 Procedure upon finding that juvenile not competent to proceed but probably will be competent in foreseeable future.
- § 26-7A-32.12 Procedure upon finding that juvenile not competent to proceed and probably will not be competent in foreseeable future.
- § 26-7A-33 Priority in scheduling hearings and trials.
- § 26-7A-34 Conduct of hearings.
- § 26-7A-35 Records of hearings.
- § 26-7A-36 Hearings closed unless court compelled otherwise--Exceptions.
- § 26-7A-36.1 Attendance at juvenile hearings by crime victims.
- § 26-7A-37 Persons authorized to inspect or receive copies of records of court proceedings.
- § 26-7A-38 Protection of identity of witnesses--Violation creates cause of action for civil damages--Contempt.
- § 26-7A-39 Compulsory process for attendance of defense witnesses.
- § 26-7A-40 Witness fees and expenses.
- § 26-7A-41 Physical and mental health examination--Placement in suitable facility--Report.
- § 26-7A-42 Court-ordered protection, support or dental, medical or surgical treatment--Parental consent--Costs.
- § 26-7A-43 Petition alleging abused or neglected child, child in need of supervision or delinquent child--Required information--Verification.
- § 26-7A-44 Summons--Unknown parties--Contents.
- § 26-7A-45 Failure to appear before the court--Contempt.
- § 26-7A-46 Hearing on petition upon waiver of notice.
- § 26-7A-47 Service of summons.
- § 26-7A-48 Publication of summons--Affidavit or certificate of publication.
- § 26-7A-49 Warrant issued against parents, guardian, or custodian.
- § 26-7A-50 Apprehension of child on warrant--Promise of parent, guardian, or custodian to produce child at hearing.
- § 26-7A-51 Failure to produce child at hearing as contempt.
- § 26-7A-52 Bond to secure court appearance of child in need of supervision or delinquent child.
- § 26-7A-53 Appearance and answer by interested parties--Failure as default--Petition taken as admitted by default.
- § 26-7A-54 Advisory hearing before adjudicatory hearing.
- § 26-7A-55 Petition admitted to by all parties--Dispositional hearing--Petition not admitted to--Adjudicatory hearing--Interim order for temporary custody.
- § 26-7A-56 Rules of procedure and evidence apply to adjudicatory hearings--Rules for other hearings prescribed by court.
- § 26-7A-57 Discovery--"Respondent" defined--"Child" defined.
- § 26-7A-58 Inspection by respondent or child of statements made by any respondent or child.
- § 26-7A-59 Request for copy of prior order of adjudication or final decree of disposition.
- § 26-7A-60 Right to inspect, copy, or photograph books, papers, documents, photographs, tangible objects, buildings, or places.
- § 26-7A-61 Right of respondent or child to inspect, copy, or photograph results or reports of physical or mental examinations and scientific tests or experiments.
- § 26-7A-62 Inspection of internal documents of state prohibited--Exceptions--Inspection of statements of state's witnesses prohibited--Exceptions.
- § 26-7A-63 Statement of state's witness or prospective witness not subject to discovery until witness has testified.
- § 26-7A-64 Examination upon request of statement by state's witness relating to subject matter of witness' testimony.
- § 26-7A-65 Excise of nonsubject matter related material from witness' statement to be produced--Appeal.
- § 26-7A-66 Witness' testimony struck from record upon state's attorney's election not to deliver statement to respondent or child.
- § 26-7A-67 "Statement" defined.
- § 26-7A-68 State's attorney may inspect, copy, or photograph documents or objects in possession of respondent or child.
- § 26-7A-69 State's attorney's right to inspect, copy, or photograph physical or mental examination results and reports of scientific tests or experiments.
- § 26-7A-70 State's attorney prohibited from inspection of internal documents made by respondent or child or attorneys in connection with case.
- § 26-7A-71 Notice of additional evidence.
- § 26-7A-72 Court order upon discovery motion.
- § 26-7A-73 Failure of party to comply with discovery provisions.
- § 26-7A-74 Depositions--"Respondent" defined--"Child" defined.
- § 26-7A-75 Depositions only as provided by statute or rule--Motion by party due to exceptional circumstances.
- § 26-7A-76 Notice of deposition--Right of child or respondent to be present--Waiver.
- § 26-7A-77 Manner of taking and filing deposition--Examination and cross examination.
- § 26-7A-78 Deposition enclosed, sealed, and endorsed--Transmitted to county clerk.
- § 26-7A-79 Use of depositions.
- § 26-7A-80 Objections to deposition testimony or evidence--Basis.
- § 26-7A-81 Deposition by agreement of parties not precluded.
- § 26-7A-82 Adjudicatory hearing following advisory hearing--Support of evidence.
- § 26-7A-83 Evidence considered at adjudicatory hearing--Appearance of party preparing reports and materials used as evidence.
- § 26-7A-84 Order to amend petition.
- § 26-7A-85 Child with mental illness or intellectual disability--Suspension of hearing--Examination.
- § 26-7A-86 Final order when allegations not supported by evidence--Additional findings and conclusions for abused or neglected child--Appeal.
- § 26-7A-87 Order of adjudication subject to intermediate appeal--Dispositional proceedings--Interim dispositional decree.
- § 26-7A-88 Examination, investigation, and reports of adjudicated child before final disposition.
- § 26-7A-89 Continuance of case--Custody of child pending disposition--Term of continuance.
- § 26-7A-90 Evidence heard at dispositional hearing--Interim decree--Final decree.
- § 26-7A-91 Notice of entry of order of adjudication or final decree--Service of publication.
- § 26-7A-92 Guardian of placed child.
- § 26-7A-93 Placement subject to availability of space.
- § 26-7A-93.1 Repealed.
- § 26-7A-94 Provisions for payment of custodial care costs.
- § 26-7A-95 Parents' duty to support child--Costs of custodial care payable on demand.
- § 26-7A-96 Acceptance and expenditure of additional funds for custodial care costs.
- § 26-7A-97 Order or decree of guardianship of child--Certified copy as authority for custody--Social studies, clinical reports, and other information transmitted with order.
- § 26-7A-98 Order for payment of, or reimbursement for, support to guardian or conservator or institution--Reasonable payment--Security and enforcement of order--Modification.
- § 26-7A-99 Order of wage assignment for support of child--Discovery of employment--Disobedience as contempt.
- § 26-7A-100 Conservatorship of estate of child.
- § 26-7A-101 Period of continuation of guardianship or conservatorship--Application for new guardian or conservator, restoration to parents or discharge of guardian or conservator.
- § 26-7A-102 Jurisdiction of court.
- § 26-7A-103 Court order for report by guardian or institution.
- § 26-7A-104 Review dispositional hearing to remove guardian or institution or restore child to parents.
- § 26-7A-105 Child not disqualified from public office, civil service, or military service--Not a criminal conviction.
- § 26-7A-106 Proceedings not admissible in criminal or civil action against child.
- § 26-7A-107 Order of protection--Authorized provisions--Termination, modification or extension of order.
- § 26-7A-107.1 Provisions for violation of order of protection.
- § 26-7A-107.2 Violation of order of protection as a misdemeanor.
- § 26-7A-108 Modifying or setting aside order or decree--Hearing required on probation violation or change in legal custody.
- § 26-7A-109 Petition for modification or termination of custody decree on change of circumstances.
- § 26-7A-110 Petition for new hearing on ground of new evidence.
- § 26-7A-111 Interstate compacts not affected by provisions.
- § 26-7A-112 Rules of procedure govern appeals--Notice to attorney general.
- § 26-7A-113 Sealing records in action involving abused or neglected child--Inspection.
- § 26-7A-114 Sealing records in action involving child in need of supervision--Inspection.
- § 26-7A-115 Sealing records in action involving delinquent child--Inspection.
- § 26-7A-116 Distribution of copies of order sealing records--Inspection of sealed records.
- § 26-7A-117 Maximum age for which committed.
- § 26-7A-118 Parent or guardian required to appear at certain hearings.
- § 26-7A-119 Repealed.
- § 26-7A-120 Confidentiality of records.
- § 26-7A-121 Repealed.
- § 26-7A-122 Court discharge of child from Department of Corrections--Restoration to parent, guardian, or custodian or change in placement--Resisting discharge.
- § 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 violations.
- § 26-7A-126 Law enforcement treatment as juvenile cited violation--Procedure.
- § 26-7A-127 Action by state's attorney for juvenile cited violation.
- § 26-7A-128 Admission or denial of alleged juvenile cited violation--Procedure.
- § 26-7A-129 Judgment on juvenile cited violation.
- Appendix Appendix A
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