Each truancy officer shall make and file truancy complaints for children who are enrolled in the school district. Any teacher, school officer, or citizen may make and file a truancy complaint, before a circuit court judge, against any person having control of a child of compulsory school age who is not being provided with alternative instruction or attending school or whose attendance at school is irregular. The complaint must state the name of the parent, guardian, or person responsible for the control of the child. The complaint must be verified by oath upon belief of the complainant. A truancy complaint that, together with any accompanying affidavit, does not establish probable cause must be dismissed upon motion of the defendant to the circuit court judge.

Terms Used In South Dakota Codified Laws 13-27-20

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.

Source: SDC 1939, § 15.3206; SL 1955, ch 41, ch 15, § 6; SL 1975, ch 128, § 178; SL 1982, ch 142, § 9; SL 1993, ch 213, § 84; SL 2021, ch 76, § 14; SL 2023, ch 56, § 1.

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