For purposes of this chapter, a child in need of supervision is a child:

(1) Of compulsory school age who is habitually absent from school without legal excuse;

Terms Used In South Dakota Codified Laws 26-8B-2

  • 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.
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts

(2) Who has run away from home or is otherwise beyond the control of the child’s parent, guardian, or custodian;

(3) Whose behavior or condition endangers the child’s own welfare or the welfare of others;

(4) Who has violated any federal or state law or regulation or local ordinance for which there is not a penalty of a criminal nature for an adult, other than a violation of subdivision 34-46-2(2) or a petty offense;

(5) Who has violated § 32-23-21 or 35-9-2; or

(6) Who engages in prostitution by offering to engage in sexual activity for a fee or other compensation.

Source: SDC 1939, § 43.0301 (5) as enacted by SL 1968, ch 164, § 1; SL 1991, ch 217, § 141B; SDCL § 26-8-7.1; SL 1994, ch 219, § 2; SL 1996, ch 179, § 1; SL 1998, ch 215, § 3; SL 2003, ch 149, § 4; SL 2004, ch 218, § 2; SL 2019, ch 109, § 1.