South Dakota Codified Laws 26-7A-107. Order of protection–Authorized provisions–Termination, modification or extension of order
The court may make an order of protection in assistance of, or as a condition of, any decree of disposition authorized by this chapter or chapter 26-8A, 26-8B, or 26-8C. The order of protection may set forth reasonable conditions of behavior to be observed for a specified period by the child’s parents, guardian, custodian, or any other person who is a party to such proceedings.
The order of protection may require any concerned person or party:
Terms Used In South Dakota Codified Laws 26-7A-107
- 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
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(1) To stay away from a child or the child’s home;
(2) To permit a parent or other person to visit a child at stated periods and places, with or without supervision;
(3) To abstain from offensive conduct against a child or the child’s parents, guardian, custodian, or any other person having custody or temporary care of the child;
(4) To give proper attention to the care, maintenance, and supervision of the child, and the child’s home;
(5) To cooperate in good faith with the Department of Social Services, court services, or any other agency which has been given custody or temporary custody of a child, which is providing protective supervision or probation supervision of a child pursuant to court order, or to which the child has been referred by the court;
(6) To refrain from acts of commission or omission that tend to make a home an improper place for a child;
(7) To pay child support and all statutory fees and costs related to expenses incurred on behalf of the child, or any portion of them, as determined by the court;
(8) To cooperate with and participate in any physical or mental examination or evaluation, counseling, treatment, therapy, or child care or parenting classes considered necessary by the court for the benefit of the child;
(9) To take all reasonable steps necessary to insure the child’s regular school attendance;
(10) To eliminate the specific conditions constituting or contributing to the problems which led to juvenile court action; and
(11) To take all reasonable steps necessary to insure the child’s completion of court–ordered sanctions, treatment, therapy, counseling, or rehabilitation.
After notice and opportunity for a hearing is given to any person or party subject to an order of protection, the order may be terminated, modified, or extended for a specified period of time if the court finds it in the best interests of the child, the public and the state. This provision is in addition to, and not a limitation of, §§ 26-7A-107.1 and 26-7A-107.2.
Source: SDC 1939, § 43.0328 as added by SL 1968, ch 164, § 17; SL 1990, ch 198, § 1; SL 1991, ch 217, § 103B; SDCL Supp, § 26-8-59; SL 1996, ch 177, § 1.