- Chapter 01 - Rights And Obligations Of Minors
- Chapter 02 - Contracts Of Minors
- Chapter 03 - Commission On Children And Youth [Repealed]
- Chapter 04 - Child Welfare Services
- Chapter 05 - Child Custody Jurisdiction [Repealed]
- Chapter 05A - Uniform Child Custody Jurisdiction Act [Repealed]
- Chapter 05B - Uniform Child-Custody Jurisdiction And Enforcement Act
- Chapter 06 - Children's Homes And Welfare Agencies
- Section 26-6-1 - Agencies and institutions defined as child welfare agencies--Department ofSocial Services.
- Section 26-6-1.1 - Chapter not applicable to day care services provided by school board forchildren of enrolled students.
- Section 26-6-10 - Repealed.
- Section 26-6-11 - Application for license--Investigation--Issuance--Conditions--Records--Publicinspection.
- Section 26-6-12 - Provisional license authorized.
- Section 26-6-13 - Duration of licenses--Suspension or revocation--Assignment prohibited--Display or availability for inspection.
- Section 26-6-14 - Categories of child welfare agency licenses.
- Section 26-6-14.1 - Family day care defined--Number of children allowed.
- Section 26-6-14.10 - Prohibition of licensure, registration, or operation by person convicted of childabuse or other felony, or whose name appears on registry--Failure to report asmisdemeanor.
- Section 26-6-14.11 - Prohibition of child care by person convicted of child abuse, sex offense, orother felony, or whose name appears on registry--Violation as misdemeanor.
- Section 26-6-14.12 - Before and after school day care exempt from zoning, uniform building, andsafety provisions.
- Section 26-6-14.13 - Information from another state's central registry or national crime database tobe used only for background check for approval of foster or adoptiveplacement.
- Section 26-6-14.2 - Registration of family day care homes--Rules--Exemption--Investigation--Duration of registration--Assignment prohibited.
- Section 26-6-14.3 - Issuance of child welfare license--Criminal record of applicant to be secured--Waiver by applicant--When application denied.
- Section 26-6-14.4 - Persons to whom criminal record requirement applies.
- Section 26-6-14.5 - Waiver, fingerprinting, and declaration as condition of employment--Time--Immediate termination of employee.
- Section 26-6-14.6 - Meaning of conviction--Evidence of conviction.
- Section 26-6-14.7 - Transfer of criminal record clearance when changing employment.
- Section 26-6-14.8 - Unregistered family day care defined--Number of children allowed.
- Section 26-6-14.9 - Submission of employees' names to department--Central registry backgroundchecks--Notification to provider--Issuance of certificate.
- Section 26-6-15 - Specification in licenses and registration certificates of work authorized.
- Section 26-6-15.1 - Additional number of children in day care--Staff-to-child ratios.
- Section 26-6-15.2 - Additional number of children in day care center operating preschool program.
- Section 26-6-16 - Rules for child care by licensed or registered agencies promulgated bydepartment--Matters included in rules.
- Section 26-6-17 - Repealed.
- Section 26-6-18.2 - Repealed.
- Section 26-6-18.3 - Appropriation for day care centers.
- Section 26-6-18.4 - Approved programs required for payments to nonprofit organizations--Records and periodic audit.
- Section 26-6-18.5 - Exemption of program from zoning, building and fire and life safety codes.
- Section 26-6-19 - Department of Health visitations and inspections.
- Section 26-6-20 - Records and reports on children in care of agencies--Information confidential.
- Section 26-6-20.1 - Definition of terms.
- Section 26-6-20.10 - Escheat of unclaimed property under specified value after death of resident--Notice to relatives--Time--Disposition of property or money.
- Section 26-6-20.2 - Separation of residents' moneys required of homes and centers.
- Section 26-6-20.3 - Demand trust account deposit of moneys not kept in center--Deposit with statetreasurer by public agency.
- Section 26-6-20.4 - Deposit of all moneys over specified amount for any resident.
- Section 26-6-20.5 - Surety bond required of facility handling more than specified monthly amount--Bond amount.
- Section 26-6-20.6 - Safeguards and records required of facilities.
- Section 26-6-20.7 - Public audit of records.
- Section 26-6-20.8 - Violation of moneys provisions as cause for revocation of facility's license.
- Section 26-6-20.9 - Surrender of moneys and funds upon discharge of resident--Receipt--Deposited funds.
- Section 26-6-21 - Placement of children for adoption--Consent by agency to adoption.
- Section 26-6-21.1 - Repealed.
- Section 26-6-22 - Notice to remove child from child welfare agency.
- Section 26-6-23 - Grounds for revocation or refusal to issue or renew child welfare agencylicense or registration.
- Section 26-6-23.1 - Revocation or refusal to issue or renew license or registration for child abuseor violence.
- Section 26-6-23.2 - Central registry background checks on employees.
- Section 26-6-24 - Notice of intended revocation or refusal of renewal of license or registration--Hearing on protest--Temporary suspension.
- Section 26-6-25 - Investigation by department of unlicensed and unregistered operations--Further action by department.
- Section 26-6-26 - Repealed.
- Section 26-6-27 - Educational and incidental activities exempt from chapter--State institutions.
- Section 26-6-28 - Reduction of number of children in foster care.
- Section 26-6-29 - Shelters for battered spouses exempt.
- Section 26-6-6.1 - Continuing foster care to age twenty-one.
- Section 26-6-7 - Repealed.
- Section 26-6-8 - License required to place child for adoption--Relatives and guardian excepted.
- Section 26-6-9 - License or registration required for child care or placement by public orprivate agency--Waiver violation as misdemeanor.
- Sections 26-6-18, 26-6-18.1 - Department to cooperate with child welfare agencies--Assistance and advice. Establishment and support of day care centers by counties and municipalities
- Sections 26-6-2 to 26-6-6 - Repealed
- Sections 26-6-30 to 26-6-34 - Repealed
- Chapter 07 - Juvenile Courts [Transferred]
- Chapter 07A - Juvenile Court
- Section 26-7A - and (SDCL 26-8B) (SDCL 26-8C).
- Section 26-7A-1 - Definition of terms.
- Section 26-7A-10 - Preliminary investigation by state's attorney--Authorized procedure on basis ofinvestigation.
- Section 26-7A-100 - Conservatorship of estate of child.
- Section 26-7A-101 - Period of continuation of guardianship or conservatorship--Application for newguardian or conservator, restoration to parents or discharge of guardian orconservator.
- Section 26-7A-102 - Jurisdiction of court.
- Section 26-7A-103 - Court order for report by guardian or institution.
- Section 26-7A-104 - Review dispositional hearing to remove guardian or institution or restore child toparents.
- Section 26-7A-105 - Child not disqualified from public office, civil service, or military service--Not acriminal conviction.
- Section 26-7A-106 - Proceedings not admissible in criminal or civil action against child.
- Section 26-7A-107 - Order of protection--Authorized provisions--Termination, modification or extensionof order.
- Section 26-7A-107.1 - Provisions for violation of order of protection.
- Section 26-7A-107.2 - Violation of order of protection as a misdemeanor.
- Section 26-7A-108 - Modifying or setting aside order or decree--Hearing required on probation violationor change in legal custody.
- Section 26-7A-109 - Petition for modification or termination of custody decree on change ofcircumstances.
- Section 26-7A-11 - Prerequisites to referral for informal action.
- Section 26-7A-110 - Petition for new hearing on ground of new evidence.
- Section 26-7A-111 - Interstate compacts not affected by provisions.
- Section 26-7A-112 - Rules of procedure govern appeals--Notice to attorney general.
- Section 26-7A-113 - Sealing records in action involving abused or neglected child--Inspection.
- Section 26-7A-114 - Sealing records in action involving child in need of supervision--Inspection.
- Section 26-7A-115 - Sealing records in action involving delinquent child--Inspection.
- Section 26-7A-116 - Distribution of copies of order sealing records--Inspection of sealed records.
- Section 26-7A-117 - Maximum age for which committed.
- Section 26-7A-118 - Parent or guardian required to appear at certain hearings.
- Section 26-7A-119 - Repealed.
- Section 26-7A-12 - Temporary custody by law enforcement officer or court services officer without courtorder.
- Section 26-7A-12.1 - Child in possession of firearms on school property may be taken into temporarycustody.
- Section 26-7A-120 - Confidentiality of records.
- Section 26-7A-121 - Repealed.
- Section 26-7A-122 - Court discharge of child from Department of Corrections--Restoration to parent,guardian, or custodian or change in placement--Resisting discharge.
- Section 26-7A-123 - Department of Corrections to file periodic report on child in custody--Contents ofreport.
- Section 26-7A-124 - Judicial review of report--Court may issue show cause order against department.
- Section 26-7A-13 - Court-ordered temporary custody--Noticed hearing--Without noticed hearing.
- Section 26-7A-13.1 - Hearing by intake officer.
- Section 26-7A-13.2 - Delivery of juvenile to temporary custodian.
- Section 26-7A-14 - Temporary care of child by caretaker designated by court--Limitation of temporarycustody--Release.
- Section 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--Failureto notify.
- Section 26-7A-15.1 - Proceedings under certain chapters to which the Indian Child Welfare Act applies--Procedures.
- Section 26-7A-15.2 - Form of notice to parent, custodian, or Indian tribe of child custody proceeding.
- Section 26-7A-15.3 - Designated tribal agent defined.
- Section 26-7A-16 - Child held until released by court.
- Section 26-7A-17 - Notice to state's attorney of child taken into temporary custody--Written report--Notice to court.
- Section 26-7A-18 - Temporary custody hearing--Best interests of child--Conducted telephonically.
- Section 26-7A-19 - Options of court following temporary custody hearing for abused or neglected child.
- Section 26-7A-19.1 - Preference for placement of abused or neglected child with relatives after hearing.
- Section 26-7A-19.2 - Action by division when relative desires to take temporary or permanent placementof abused or neglected child.
- Section 26-7A-2 - Original jurisdiction of dependency and delinquency proceedings--Effect of custodyaward in prior divorce proceedings--Application of Indian Child Welfare Act.
- Section 26-7A-20 - Release of child in need of supervision after temporary custody hearing--Exceptions.
- Section 26-7A-21 - Release of delinquent child after temporary custody hearing--Exceptions.
- Section 26-7A-22 - Temporary custody not an arrest.
- Section 26-7A-23 - Temporary care, shelter, or detention facilities maintained by board of countycommissioners.
- Section 26-7A-24 - Intercounty contracts for use of facilities.
- Section 26-7A-25 - County to care for children pending adjudication.
- Section 26-7A-28 - Release of information on identity of child prohibited except by court order or whenchild adjudicated delinquent offender.
- Section 26-7A-29 - Release of information to persons, agencies, or facilities with legitimate interest inchild.
- Section 26-7A-3 - Venue of dependency and delinquency proceedings--Transfer of proceedings.
- Section 26-7A-30 - Rights of child and parents, guardian, or custodian--Representation by attorney--Motion for new hearing--Appeal.
- Section 26-7A-31 - Court appointed attorney--Compensation.
- Section 26-7A-32 - Lien against property of parents for payment of court-appointed attorney--Exceptions--Limitation.
- Section 26-7A-33 - Priority in scheduling hearings and trials.
- Section 26-7A-34 - Conduct of hearings.
- Section 26-7A-35 - Records of hearings.
- Section 26-7A-36 - Hearings closed unless court compelled otherwise--Exceptions.
- Section 26-7A-36.1 - Attendance at juvenile hearings by crime victims.
- Section 26-7A-37 - Persons authorized to inspect or receive copies of records of court proceedings.
- Section 26-7A-38 - Protection of identity of witnesses--Violation creates cause of action for civildamages--Contempt.
- Section 26-7A-39 - Compulsory process for attendance of defense witnesses.
- Section 26-7A-4 - No costs or fees assessed against abused or neglected child--Assessment to parentsor guardian--Fees permitted against supervised or delinquent child.
- Section 26-7A-40 - Witness fees and expenses.
- Section 26-7A-41 - Physical and mental health examination--Placement in suitable facility--Report.
- Section 26-7A-42 - Court-ordered protection, support or dental, medical or surgical treatment--Parentalconsent--Costs.
- Section 26-7A-43 - Petition alleging abused or neglected child, child in need of supervision or delinquentchild--Required information--Verification.
- Section 26-7A-44 - Summons--Unknown parties--Contents.
- Section 26-7A-45 - Failure to appear before the court--Contempt.
- Section 26-7A-46 - Hearing on petition upon waiver of notice.
- Section 26-7A-47 - Service of summons.
- Section 26-7A-48 - Publication of summons--Affidavit or certificate of publication.
- Section 26-7A-49 - Warrant issued against parents, guardian, or custodian.
- Section 26-7A-5 - Proceedings in best interest of child.
- Section 26-7A-50 - Apprehension of child on warrant--Promise of parent, guardian, or custodian toproduce child at hearing.
- Section 26-7A-51 - Failure to produce child at hearing as contempt.
- Section 26-7A-52 - Bond to secure court appearance of child in need of supervision or delinquent child.
- Section 26-7A-53 - Appearance and answer by interested parties--Failure as default--Petition taken asadmitted by default.
- Section 26-7A-54 - Advisory hearing before adjudicatory hearing.
- Section 26-7A-55 - Petition admitted to by all parties--Dispositional hearing--Petition not admitted to--Adjudicatory hearing--Interim order for temporary custody.
- Section 26-7A-56 - Rules of procedure and evidence apply to adjudicatory hearings--Rules for otherhearings prescribed by court.
- Section 26-7A-57 - Discovery--"Respondent" defined--"Child" defined.
- Section 26-7A-58 - Inspection by respondent or child of statements made by any respondent or child.
- Section 26-7A-59 - Request for copy of prior order of adjudication or final decree of disposition.
- Section 26-7A-6 - Liberal construction for protection of child.
- Section 26-7A-60 - Right to inspect, copy, or photograph books, papers, documents, photographs,tangible objects, buildings, or places.
- Section 26-7A-61 - Right of respondent or child to inspect, copy, or photograph results or reports ofphysical or mental examinations and scientific tests or experiments.
- Section 26-7A-62 - Inspection of internal documents of state prohibited--Exceptions--Inspection ofstatements of state's witnesses prohibited--Exceptions.
- Section 26-7A-63 - Statement of state's witness or prospective witness not subject to discovery untilwitness has testified.
- Section 26-7A-64 - Examination upon request of statement by state's witness relating to subject matterof witness' testimony.
- Section 26-7A-65 - Excise of nonsubject matter related material from witness' statement to be produced--Appeal.
- Section 26-7A-66 - Witness' testimony struck from record upon state's attorney's election not to deliverstatement to respondent or child.
- Section 26-7A-67 - "Statement" defined.
- Section 26-7A-68 - State's attorney may inspect, copy, or photograph documents or objects in possessionof respondent or child.
- Section 26-7A-69 - State's attorney's right to inspect, copy, or photograph physical or mental examinationresults and reports of scientific tests or experiments.
- Section 26-7A-7 - Interference with court orders as contempt--Punishment.
- Section 26-7A-70 - State's attorney prohibited from inspection of internal documents made by respondentor child or attorneys in connection with case.
- Section 26-7A-71 - Notice of additional evidence.
- Section 26-7A-72 - Court order upon discovery motion.
- Section 26-7A-73 - Failure of party to comply with discovery provisions.
- Section 26-7A-74 - Depositions--"Respondent" defined--"Child" defined.
- Section 26-7A-75 - Depositions only as provided by statute or rule--Motion by party due to exceptionalcircumstances.
- Section 26-7A-76 - Notice of deposition--Right of child or respondent to be present--Waiver.
- Section 26-7A-77 - Manner of taking and filing deposition--Examination and cross examination.
- Section 26-7A-78 - Deposition enclosed, sealed, and endorsed--Transmitted to county clerk.
- Section 26-7A-79 - Use of depositions.
- Section 26-7A-8 - Court services officers--Appointment--Duties.
- Section 26-7A-80 - Objections to deposition testimony or evidence--Basis.
- Section 26-7A-81 - Deposition by agreement of parties not precluded.
- Section 26-7A-82 - Adjudicatory hearing following advisory hearing--Support of evidence.
- Section 26-7A-83 - Evidence considered at adjudicatory hearing--Appearance of party preparing reportsand materials used as evidence.
- Section 26-7A-84 - Order to amend petition.
- Section 26-7A-85 - Mentally ill or retarded child--Hearing suspended--Examination authorized.
- Section 26-7A-86 - Final order when allegations not supported by evidence--Additional findings andconclusions for abused or neglected child--Appeal.
- Section 26-7A-87 - Order of adjudication subject to intermediate appeal--Dispositional proceedings--Interim dispositional decree.
- Section 26-7A-88 - Examination, investigation, and reports of adjudicated child before final disposition.
- Section 26-7A-89 - Continuance of case--Custody of child pending disposition--Term of continuance.
- Section 26-7A-9 - State's attorneys to represent state and Department of Social Services--Exemption.
- Section 26-7A-90 - Evidence heard at dispositional hearing--Interim decree--Final decree.
- Section 26-7A-91 - Notice of entry of order of adjudication or final decree--Service of publication.
- Section 26-7A-92 - Guardian of placed child.
- Section 26-7A-93 - Placement subject to availability of space.
- Section 26-7A-93.1 - Repealed.
- Section 26-7A-94 - Provisions for payment of custodial care costs.
- Section 26-7A-95 - Parents' duty to support child--Costs of custodial care payable on demand.
- Section 26-7A-96 - Acceptance and expenditure of additional funds for custodial care costs.
- Section 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.
- Section 26-7A-98 - Order for payment of, or reimbursement for, support to guardian or conservator orinstitution--Reasonable payment--Security and enforcement of order--Modification.
- Section 26-7A-99 - Order of wage assignment for support of child--Discovery of employment--Disobedience as contempt.
- Sections 26-7A-26, 26-7A-27 - Detention in jail with adult prisoners prohibited for abused or neglected child--Temporary detention--Detention with adults for child transferred to adult court. Police r
- Chapter 08 - Dependent, Neglected And Delinquent Children [Transferred]
- Chapter 08A - Protection Of Children From Abuse Or Neglect
- Section 26-8A-1 - Purpose of chapter.
- Section 26-8A-10 - Report to social services--Content.
- Section 26-8A-10.1 - Notice to child's parents of determination of abuse or neglect--Contents--Confidentiality.
- Section 26-8A-10.2 - Exception to notice requirement.
- Section 26-8A-11 - Request to amend or remove record--Administrative hearing--Decision.
- Section 26-8A-11.1 - Request for a hearing to release name of complainant in unsubstantiatedinvestigation.
- Section 26-8A-12 - Operation of central registry for abuse and neglect--Adoption of rules.
- Section 26-8A-12.1 - Abuse and neglect screening of head start employees and adoptive or foster parents.
- Section 26-8A-12.2 - Abuse and neglect screening required of certain current and potential employees andvolunteers--Prior written consent required.
- Section 26-8A-12.3 - Central registry check of foster care, adoption, and child welfare agency employmentapplicants.
- Section 26-8A-12.4 - Central registry check of prospective foster or adoptive parents at request ofgovernmental social service agency for another state.
- Section 26-8A-13 - Confidentiality of abuse or neglect information--Violation as misdemeanor--Releaseto certain parties.
- Section 26-8A-13.1 - Certain child protection records to be provided to the court, court services, state'sattorney, or agencies--Discovery--Fees.
- Section 26-8A-13.2 - Consent of possible caretaker required for central registry screenings.
- Section 26-8A-14 - Immunity from liability.
- Section 26-8A-15 - Communications not privileged in child abuse or neglect cases.
- Section 26-8A-16 - Photographs, videotapes, or other images, and medical examinations taken withoutconsent--Disposition.
- Section 26-8A-17 - Child protection teams.
- Section 26-8A-18 - Appointment of counsel--Compensation--Assistance.
- Section 26-8A-19 - Abused and neglected child defense fund--Distribution to counties--Pro rata.
- Section 26-8A-2 - Abused or neglected child defined.
- Section 26-8A-20 - Appointment of representative of child's best interest--Duties.
- Section 26-8A-21 - Reasonable efforts to eliminate need for removal--Reasonable efforts to return childto home--Determining adequacy of efforts.
- Section 26-8A-21.1 - Exceptions to § 26-8A-21.
- Section 26-8A-22.1 - Court to require instruction in parenting as part of sentence in certain convictions.
- Section 26-8A-23 - Court-ordered medical, psychological or psychiatric treatment of spiritually-treatedchild.
- Section 26-8A-24 - Periodic review hearings of foster care status--Petition for judicial action.
- Section 26-8A-25 - Criteria for determining continued placement of child separate from home.
- Section 26-8A-26 - Termination of parental rights--Return of child to parents or continued placement--Annual permanency hearing for child in foster care.
- Section 26-8A-26.1 - Additional reasons for termination of parental rights.
- Section 26-8A-27 - Final decree of disposition terminating all parental rights of one or both parents--Custody of child.
- Section 26-8A-28 - Notice of order or final decree--Service--Appeal.
- Section 26-8A-29 - Continuing jurisdiction over abused or neglected child.
- Section 26-8A-29.1 - Request for hearing by relative denied adoptive placement--Time limits--Intervention.
- Section 26-8A-3 - Persons required to report child abuse or neglected child--Intentional failure asmisdemeanor.
- Section 26-8A-30 - Testimony of child by closed circuit television--Hearing to determine necessity.
- Section 26-8A-31 - Persons allowed to be present during closed circuit television testimony--Display ofdefendant's image in room where witness testifies.
- Section 26-8A-32 - Due regard to be afforded Indian Child Welfare Act.
- Section 26-8A-33 - Proceeding involving child covered by Indian Child Welfare Act.
- Section 26-8A-4 - Additional persons to report death resulting from abuse or neglect--Intentional failureas misdemeanor.
- Section 26-8A-5 - Application of terms.
- Section 26-8A-6 - Report of abuse or neglect by hospital personnel--Failure as misdemeanor--Writtenpolicy required.
- Section 26-8A-7 - Child abuse or neglect reports by school personnel--Failure as misdemeanor--Writtenpolicy required.
- Section 26-8A-8 - Oral report of abuse or neglect--To whom made--Response report.
- Section 26-8A-9 - Investigation of oral report--Other action permitted--Appointment of attorney--Compensation.
- Sections 26-8A-21.2, 26-8A-22 - Permanency hearing required if child is not to be returned to parents--Court to determine placement--Final dispositional hearing. Final decree of disposition--Permitted
- Chapter 08B - Children In Need Of Supervision
- Chapter 08C - Delinquent Children
- Chapter 09 - Contributing To Delinquency Or Dependency
- Chapter 10 - Offenses By And Against Minors
- Chapter 11 - Criminal Proceedings Against Minors
- Chapter 11A - Juvenile Correctional Facilities And Programs
- Chapter 12 - Interstate Compact On Juveniles
- Chapter 13 - Interstate Compact On Placement Of Children
- Chapter 14 - Children's Trust Fund
- Chapter 15 - Voluntary Fingerprinting Programs
- Chapter 16 - County Interdisciplinary Child Information Teams
- Chapter 17 - Missing Children