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Code · South Dakota · Title 26 · Chapter 26-7

26-7A-10. Preliminary investigation by state's attorney--Authorized procedure on basis of investigation.

217 words·~1 min read·/sd/title-26/chapter-26-7/26-7a-10

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If a state's attorney is informed by a law enforcement officer or any other person that a child is, or appears to be, within the purview of this chapter and chapter 26-8A , 26-8B , or 26-8C , the state's attorney shall make a preliminary investigation to determine whether further action shall be taken. On the basis of the preliminary investigation, the state's attorney may:
(1)Decide that no further action is required;
(2)If the report relates to an apparent abused or neglected child and if additional information is required, refer the matter to the Department of Social Services for further investigation and recommendations;
(3)If the report relates to a juvenile cited violation, proceed on the citation;
(4)If the report relates to an apparent child in need of supervision, an apparent delinquent child, or a juvenile cited violation, refer the matter to a court services officer for any informal adjustment to the supervision of the court that is practicable without a petition or refer the matter to a court-approved juvenile diversion program for any informal action outside the court system that is practicable without the filing of a petition; or
(5)File a petition to commence appropriate proceedings in any case that the youth does not meet the criteria provided in § 26-7A-11.1 .
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