If a child is an apparent or alleged abused or neglected child, the court may appoint a special advocate to represent the best interests of the child and to assist the child’s attorney. If a child has been adjudicated an abused or neglected child and is removed from the child’s home with the child’s parents, guardian, or custodian, the court shall appoint a special advocate if available, and may appoint a guardian ad litem when determined necessary by the court, to represent the best interests of the child and to assist the child’s attorney. The guardian ad litem or special advocate is an officer of the court for the purpose of representing the child’s best interests. The guardian ad litem or special advocate shall receive all reports concerning the child and may cause the case to be reviewed by the court pursuant to § 26-8A-24.

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Terms Used In South Dakota Codified Laws 26-8A-20

  • 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.

Source: SL 1985, ch 214, § 2; SL 1991, ch 217, § 128B; SDCL Supp, § 26-8-35.3; SL 2009, ch 137, § 1; SL 2022, ch 83, § 1.