2023 South Dakota Codified Laws
Title 26 - Minors
Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act
Section 26-5B-315 - Role of prosecutor or public official.

26-5B-315. Role of prosecutor or public official.

(a) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resort to a proceeding under this article or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child-custody determination if there is:

(1)An existing child-custody determination;

(2)A request to do so from a court in a pending child-custody proceeding;

(3)A reasonable belief that a criminal statute has been violated; or

(4)A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.

(b) A prosecutor or appropriate public official acting under this section acts on behalf of the court and may not represent any party.

Source: SL 2005, ch 137, §37.