South Dakota Codified Laws 26-7A-12. Temporary custody by law enforcement officer or court services officer without court order
A child may be taken into temporary custody by a law enforcement officer without order of the court:
(1) If the child is subject to arrest under the provisions of §§ 23A-3-2 and 23A-3-4;
Terms Used In South Dakota Codified Laws 26-7A-12
- Arrest: Taking physical custody of a person by lawful authority.
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) If the child is abandoned or seriously endangered in the child’s surroundings or is seriously endangering others and immediate removal of the child appears to be necessary for the child’s protection or for the protection of others;
(3) If there are reasonable grounds to believe the child has run away or escaped from the child’s parents, guardian, or custodian;
(4) If the officer reasonably believes that temporary custody is warranted because there exists an imminent danger to the child’s life or safety and there is no time to apply for a court order and the child’s parents, guardian, or custodian refuse an oral request for consent to the child’s removal from their custody or the child’s parents, guardian, or custodian are unavailable; or
(5) If the child is under the influence of alcohol, inhalants, or a controlled drug or substance.
A court services officer may take the child into temporary custody without order of the court if the child is under the continuing jurisdiction of the court.
Source: SDC 1939, § 43.0320 as enacted by SL 1968, ch 164, § 14; SL 1979, ch 171, § 1; SL 1991, ch 217, § 16B; SDCL, § 26-8-19.1; SL 1995, ch 148, § 1; SL 1996, ch 172, § 1.