On consideration of the report of the guardian, institution, or association submitted to the court pursuant to § 26-7A-103, except for a child committed to the Department of Corrections, the court may conduct a review dispositional hearing and:

(1) Remove the guardian and appoint another party to act as guardian for the child;

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Terms Used In South Dakota Codified Laws 26-7A-104

  • 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.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

(2) Remove the child from the institution or association and place the child in another institution or association as determined by the court; or

(3) Restore the child to the custody of either or both of the child’s parents, if parental rights have not been terminated, or to the custody of the child’s former guardian or custodian existing at commencement of the action, with or without supervision, probation, or other conditions imposed by the court consistent with the best interests of the child and with due regard to the rights and interests of the child’s parents, guardian, custodian, the public, and the state.

Source: SDC 1939, § 43.0317; SL 1951, ch 222, § 2; SL 1991, ch 217, § 99B; SDCL, § 26-8-52; SL 1996, ch 172, § 12.