South Dakota

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. Record 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. 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. 26-7A-93.1. Repealed by SL 1996, ch 172, § 7

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-108.1. Suspension of probationary period under certain conditions.

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-115.1. Victim of human trafficking or sexual exploitation--Expungement of delinquency record.

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. 26-7A-119. Repealed by SL 1996, ch 172, § 15

26-7A-120. Confidentiality of records.

26-7A-121. 26-7A-121. Repealed by SL 1996, ch 172, § 16

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--Report to state's attorney.

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.