South Dakota

26-8A-1. Purpose of chapter.

26-8A-2. Abused or neglected child.

26-8A-3. Persons required to report child abuse or neglected child--Intentional failure as misdemeanor.

26-8A-4. Additional persons to report death resulting from abuse or neglect--Intentional failure as misdemeanor.

26-8A-5. Application of terms.

26-8A-6. Report of abuse or neglect by hospital personnel--Failure as misdemeanor--Written policy required.

26-8A-7. Child abuse or neglect reports by school personnel--Failure as misdemeanor--Written policy required.

26-8A-8. Oral report of abuse or neglect--To whom made--Response report.

26-8A-9. Investigation of oral report--Other action permitted--Appointment of attorney--Compensation.

26-8A-10. Report to social services--Content.

26-8A-10.1. Notice to child's parents of determination of abuse or neglect--Contents--Confidentiality.

26-8A-10.2. Exception to notice requirement.

26-8A-11. Request to amend or remove record--Administrative hearing--Decision.

26-8A-11.1. Request for a hearing to release name of complainant in unsubstantiated investigation.

26-8A-12. Operation of central registry for abuse and neglect--Adoption of rules.

26-8A-12.1. Abuse and neglect screening of head start employees and adoptive or foster parents.

26-8A-12.2. Abuse and neglect screening required of certain current and potential employees and volunteers--Written consent required.

26-8A-12.3. Central registry check of kinship, foster care, adoption, and child welfare agency employment applicants.

26-8A-12.4. Central registry check of prospective foster or adoptive parents at request of governmental social service agency for another state.

26-8A-13. Confidentiality of abuse or neglect information--Violation as misdemeanor--Release to certain parties.

26-8A-13.1. Certain child protection records to be provided to the court, court services, state's attorney, or agencies--Discovery--Fees.

26-8A-13.2. Consent of possible caretaker required for central registry screenings.

26-8A-13.3. Allegations relating to military parent or guardian--Notice to defense department family advocacy program.

26-8A-14. Immunity from liability.

26-8A-15. Communications not privileged in child abuse or neglect cases.

26-8A-16. Photographs, videotapes, or other images, and medical examinations taken without consent--Disposition.

26-8A-17. Child protection teams.

26-8A-18. Appointment of counsel--Compensation--Assistance.

26-8A-19. Abused and neglected child defense fund--Distribution to counties--Pro rata.

26-8A-20. Appointment of representative of child's best interest--Duties.

26-8A-21. Reasonable efforts to eliminate need for removal--Reasonable efforts to return child to home--Determining adequacy of efforts.

26-8A-21.1. Exceptions to § 26-8A-21.

26-8A-21.2. Permanency hearing required if child is not to be returned to parents--Court to determine placement--Final dispositional hearing.

26-8A-22. Final decree of disposition--Permitted disposition when parental rights not terminated--Annual permanency hearing for child in foster care.

26-8A-22.1. Court to require instruction in parenting as part of sentence in certain convictions.

26-8A-23. Court-ordered medical, psychological or psychiatric treatment of spiritually-treated child.

26-8A-24. Periodic review hearings of foster care status--Petition for judicial action.

26-8A-25. Criteria for determining continued placement of child separate from home.

26-8A-26. Termination of parental rights--Return of child to parents or continued placement--Annual permanency hearing for child in foster care.

26-8A-26.1. Termination of parental rights--Additional reasons.

26-8A-27. Final decree terminating parental rights of one or both parents--Child support arrearages--Custody of child.

26-8A-28. Notice of order or final decree--Service--Appeal.

26-8A-29. Continuing jurisdiction over abused or neglected child.

26-8A-29.1. Request for hearing by relative denied adoptive placement--Time limits--Intervention.

26-8A-30. Testimony of child by closed circuit television--Hearing to determine necessity.

26-8A-31. Persons allowed to be present during closed circuit television testimony--Display of defendant's image in room where child testifies--Recesses for defendant consultation--Court communication--Child testimony outside jury presence.

26-8A-31.1. Rights of child witness.

26-8A-32. Due regard to be afforded Indian Child Welfare Act.

26-8A-33. Proceeding involving child covered by Indian Child Welfare Act.

26-8A-34. Alcohol or drug testing as condition of child placement or return.

26-8A-35. Toxicology test of newborn infant for exposure to controlled substance--Report of positive result.

26-8A-36. Immunity from liability for administering or not administering toxicology test.

26-8A-37. Health care practitioner defined.

26-8B-1. Purpose of chapter.

26-8B-2. Child in need of supervision defined.

26-8B-3. Circumstances requiring release--Circumstances allowing detention--Length of detention.

26-8B-4. Community response team recommendation--Plan of disposition.

26-8B-5. Medical or mental health care for child.

26-8B-6. Decree of disposition--Contents--Findings.

26-8B-7. Limit of temporary custody.

26-8B-8. Terms and conditions of probation--Duration--Written statement and explanation required--Review--Release--Modification.

26-8B-9. Provisions for violation of terms and conditions.

26-8C-1. Purpose of chapter.

26-8C-2. Delinquent child defined.

26-8C-3. Release--Placement in shelter--Circumstances warranting detention.

26-8C-3.1. Risk assessment instrument for statewide use.

26-8C-4. Suspension of adjudication of delinquency--Probation--Revocation of suspension.

26-8C-5. Community response team recommendation--Plan of disposition.

26-8C-6. Court-ordered physical or mental health care for child.

26-8C-7. Decree of disposition--Contents--Findings.

26-8C-8. 26-8C-8. Transferred to § 26-7A-93.1

26-8C-9. Limit of temporary custody.

26-8C-10. 26-8C-10. Repealed by SL 1996, ch 172, § 22

26-8C-11. Termination of jurisdiction upon successful disposition.

26-8C-12. 26-8C-12. Repealed by SL 1992, ch 183, § 7

26-8C-13. 26-8C-13. Repealed by SL 1996, ch 172, § 24

26-8C-14. Terms and conditions of probation--Duration--Written statement and explanation required--Review--Release--Modification.

26-8C-15. Provisions for violation of terms and conditions of probation.

26-8D-1. Definitions.

26-8D-2. Fiscal incentive program for diversion opportunities--Requirements--Allotment of moneys--Report.

26-8D-3. Treatment for juvenile system involved youth.

26-8D-4. Collection and report of treatment program referral and completion data.

26-8D-5. Evaluation and recommendations to improve outcomes for Native American children in juvenile justice system.

26-8D-6. Report of evaluation and recommendations.

26-8D-7. Juvenile Justice Oversight Council established.

26-8D-8. Council--Purpose--Members.

26-8D-9. Council--Sunset--Meetings--Tasks.

26-8D-10. Community response teams--Purpose--Members--Confidentiality of records.

26-8D-11. Promulgation of rules regarding community response teams.

26-8D-12. Report of nonidentifying aggregate data for jurisdictions where community response team established.

26-8D-13. Recipients of community services--Liability.

26-8D-14. Findings of fact and conclusions of law justifying need for extended detention.

26-8D-15. Unified Judicial System semiannual report to oversight council--Contents.

26-8D-16. Unified Judicial System semiannual report to oversight council on probation.

26-8D-17. Placement in group care facility--Performance-based reimbursement--Juvenile corrections facilities to operate programs to achieve treatment goals and release to aftercare.

26-8D-18. Placement in residential treatment center or intensive residential treatment center--Performance-based reimbursement.

26-8D-19. Department of Corrections semiannual report to oversight council--Contents.

26-8D-20. Department of Corrections semiannual report to oversight council on aftercare.

26-8D-21. Juvenile justice detention cost-sharing fund created.

26-8D-22. Participating and nonparticipating counties.

26-8D-23. Reimbursement of participating counties.

26-8D-24. Amount of reimbursement.

26-8D-25. 26-8D-25. Repealed by SL 2019, ch 125, § 1, eff. June 28, 2019.

26-8E-1. Policy of the judicial system.

26-8E-2. Statewide use of response grids.

26-8E-3. Incentives grid.

26-8E-4. Response grids to be standard condition of probation.

26-8E-5. Conduct requiring probation violation report--Modification or revocation of probation.

26-8E-6. Sanctions grid--Documentation for sanction or incentive.

26-8E-7. Factors for imposing sanction--Positive reinforcement.

26-8E-8. Detention.

26-8E-9. Term of probation.

26-8E-10. Juvenile response grid oversight committee.

26-8E-11. Sentencing court's authority not limited.