§ 26-7A-1 Definition of terms
§ 26-7A-2 Original jurisdiction of dependency and delinquency proceedings–Effect of custody award in prior divorce proceedings–Application of Indian Child Welfare Act
§ 26-7A-3 Venue of dependency and delinquency proceedings–Transfer of proceedings
§ 26-7A-4 No costs or fees assessed against abused or neglected child–Assessment to parents or guardian–Fees permitted against supervised or delinquent child
§ 26-7A-5 Proceedings in best interest of child
§ 26-7A-6 Liberal construction for protection of child
§ 26-7A-7 Interference with court orders as contempt–Punishment
§ 26-7A-8 Court services officers–Appointment–Duties
§ 26-7A-9 State’s attorneys to represent state and Department of Social Services–Exemption
§ 26-7A-10 Preliminary investigation by state’s attorney–Authorized procedure on basis of investigation
§ 26-7A-11 Requirements for referral for informal adjustment or action
§ 26-7A-11.1 Criteria for referral for informal adjustment or action
§ 26-7A-12 Temporary custody by law enforcement officer or court services officer without court order
§ 26-7A-12.1 Child in possession of firearms on school property may be taken into temporary custody
§ 26-7A-13 Court-ordered temporary custody–Noticed hearing–Without noticed hearing
§ 26-7A-13.1 Hearing by intake officer
§ 26-7A-13.2 Delivery of juvenile to temporary custodian
§ 26-7A-14 Temporary care of child by caretaker designated by court–Limitation of temporary custody–Release
§ 26-7A-15 Notice to parents, guardian, or custodian of child taken into temporary custody–Notice of hearing–Information to Indian custodian or designated tribal agent–Failure to notify
§ 26-7A-15.1 Proceedings under certain chapters to which the Indian Child Welfare Act applies–Procedures
§ 26-7A-15.2 Form of notice to parent, custodian, or Indian tribe of child custody proceeding
§ 26-7A-15.3 Designated tribal agent defined
§ 26-7A-16 Child held until released by court
§ 26-7A-17 Notice to state’s attorney of child taken into temporary custody–Written report–Notice to court
§ 26-7A-18 Temporary custody hearing–Best interests of child–Conducted telephonically
§ 26-7A-19 Options of court following temporary custody hearing for abused or neglected child
§ 26-7A-19.1 Preference for placement of abused or neglected child with relatives after hearing
§ 26-7A-19.2 Action by division when relative desires to take temporary or permanent placement of abused or neglected child
§ 26-7A-20 Release of child in need of supervision after temporary custody hearing–Exceptions
§ 26-7A-21 Release of delinquent child after temporary custody hearing–Exceptions
§ 26-7A-22 Temporary custody not an arrest
§ 26-7A-23 Temporary care, shelter, or detention facilities maintained by board of county commissioners
§ 26-7A-24 Intercounty contracts for use of facilities
§ 26-7A-25 County to care for children pending adjudication
§ 26-7A-26 Detention in jail with adult prisoners prohibited for abused or neglected child– Temporary detention–Detention with adults for child transferred to adult court
§ 26-7A-27 Police records of children taken into temporary custody–Confidentiality
§ 26-7A-28 Release of information on identity of child prohibited except by court order or when child adjudicated delinquent offender
§ 26-7A-29 Release of information to persons, agencies, or facilities with legitimate interest in child
§ 26-7A-30 Rights of child and parents, guardian, or custodian–Representation by attorney–Motion for new hearing–Appeal
§ 26-7A-31 Court appointed attorney–Compensation
§ 26-7A-32 Lien against property of parents for payment of court-appointed attorney–Exceptions–Limitation
§ 26-7A-32.1 Definition of terms regarding competency of juvenile
§ 26-7A-32.2 Incompetent juvenile not subject to chapters 26-8B or 26-8C
§ 26-7A-32.3 Raising issue of competency
§ 26-7A-32.4 Competency examination
§ 26-7A-32.5 Suspension of proceeding pending competency determination
§ 26-7A-32.6 Examiner’s report
§ 26-7A-32.7 Competency determination hearing
§ 26-7A-32.8 Burden of proving competence
§ 26-7A-32.9 Statements by juvenile during competency evaluation not admissible
§ 26-7A-32.10 Competency may be revisited upon transfer to adult court
§ 26-7A-32.11 Procedure upon finding that juvenile not competent to proceed but probably will be competent in foreseeable future
§ 26-7A-32.12 Procedure upon finding that juvenile not competent to proceed and probably will not be competent in foreseeable future
§ 26-7A-33 Priority in scheduling hearings and trials
§ 26-7A-34 Conduct of hearings
§ 26-7A-35 Record of hearings
§ 26-7A-36 Hearings closed unless court compelled otherwise–Exceptions
§ 26-7A-36.1 Attendance at juvenile hearings by crime victims
§ 26-7A-37 Persons authorized to inspect or receive copies of records of court proceedings
§ 26-7A-38 Protection of identity of witnesses–Violation creates cause of action for civil damages–Contempt
§ 26-7A-39 Compulsory process for attendance of defense witnesses
§ 26-7A-40 Witness fees and expenses
§ 26-7A-41 Physical and mental health examination–Placement in suitable facility–Report
§ 26-7A-42 Court-ordered protection, support or dental, medical or surgical treatment–Parental consent–Costs
§ 26-7A-43 Petition alleging abused or neglected child, child in need of supervision or delinquent child–Required information–Verification
§ 26-7A-44 Summons–Unknown parties–Contents
§ 26-7A-45 Failure to appear before the court–Contempt
§ 26-7A-46 Hearing on petition upon waiver of notice
§ 26-7A-47 Service of summons
§ 26-7A-48 Publication of summons–Affidavit or certificate of publication
§ 26-7A-49 Warrant issued against parents, guardian, or custodian
§ 26-7A-50 Apprehension of child on warrant–Promise of parent, guardian, or custodian to produce child at hearing
§ 26-7A-51 Failure to produce child at hearing as contempt
§ 26-7A-52 Bond to secure court appearance of child in need of supervision or delinquent child
§ 26-7A-53 Appearance and answer by interested parties–Failure as default–Petition taken as admitted by default
§ 26-7A-54 Advisory hearing before adjudicatory hearing
§ 26-7A-55 Petition admitted to by all parties–Dispositional hearing–Petition not admitted to–Adjudicatory hearing–Interim order for temporary custody
§ 26-7A-56 Rules of procedure and evidence apply to adjudicatory hearings–Rules for other hearings prescribed by court
§ 26-7A-57 Discovery–“Respondent” defined–“Child” defined
§ 26-7A-58 Inspection by respondent or child of statements made by any respondent or child
§ 26-7A-59 Request for copy of prior order of adjudication or final decree of disposition
§ 26-7A-60 Right to inspect, copy, or photograph books, papers, documents, photographs, tangible objects, buildings, or places
§ 26-7A-61 Right of respondent or child to inspect, copy, or photograph results or reports of physical or mental examinations and scientific tests or experiments
§ 26-7A-62 Inspection of internal documents of state prohibited–Exceptions–Inspection of statements of state’s witnesses prohibited–Exceptions
§ 26-7A-63 Statement of state’s witness or prospective witness not subject to discovery until witness has testified
§ 26-7A-64 Examination upon request of statement by state’s witness relating to subject matter of witness’ testimony
§ 26-7A-65 Excise of nonsubject matter related material from witness’ statement to be produced–Appeal
§ 26-7A-66 Witness’ testimony struck from record upon state’s attorney’s election not to deliver statement to respondent or child
§ 26-7A-67 “Statement” defined
§ 26-7A-68 State’s attorney may inspect, copy, or photograph documents or objects in possession of respondent or child
§ 26-7A-69 State’s attorney’s right to inspect, copy, or photograph physical or mental examination results and reports of scientific tests or experiments
§ 26-7A-70 State’s attorney prohibited from inspection of internal documents made by respondent or child or attorneys in connection with case
§ 26-7A-71 Notice of additional evidence
§ 26-7A-72 Court order upon discovery motion
§ 26-7A-73 Failure of party to comply with discovery provisions
§ 26-7A-74 Depositions–“Respondent” defined–“Child” defined
§ 26-7A-75 Depositions only as provided by statute or rule–Motion by party due to exceptional circumstances
§ 26-7A-76 Notice of deposition–Right of child or respondent to be present–Waiver
§ 26-7A-77 Manner of taking and filing deposition–Examination and cross examination
§ 26-7A-78 Deposition enclosed, sealed, and endorsed–Transmitted to county clerk
§ 26-7A-79 Use of depositions
§ 26-7A-80 Objections to deposition testimony or evidence–Basis
§ 26-7A-81 Deposition by agreement of parties not precluded
§ 26-7A-82 Adjudicatory hearing following advisory hearing–Support of evidence
§ 26-7A-83 Evidence considered at adjudicatory hearing–Appearance of party preparing reports and materials used as evidence
§ 26-7A-84 Order to amend petition
§ 26-7A-85 Child with mental illness or intellectual disability–Suspension of hearing–Examination
§ 26-7A-86 Final order when allegations not supported by evidence–Additional findings and conclusions for abused or neglected child–Appeal
§ 26-7A-87 Order of adjudication subject to intermediate appeal–Dispositional proceedings–Interim dispositional decree
§ 26-7A-88 Examination, investigation, and reports of adjudicated child before final disposition
§ 26-7A-89 Continuance of case–Custody of child pending disposition–Term of continuance
§ 26-7A-90 Evidence heard at dispositional hearing–Interim decree–Final decree
§ 26-7A-91 Notice of entry of order of adjudication or final decree–Service of publication
§ 26-7A-92 Guardian of placed child
§ 26-7A-93 Placement subject to availability of space
§ 26-7A-94 Provisions for payment of custodial care costs
§ 26-7A-95 Parents’ duty to support child–Costs of custodial care payable on demand
§ 26-7A-96 Acceptance and expenditure of additional funds for custodial care costs
§ 26-7A-97 Order or decree of guardianship of child–Certified copy as authority for custody–Social studies, clinical reports, and other information transmitted with order
§ 26-7A-98 Order for payment of, or reimbursement for, support to guardian or conservator or institution–Reasonable payment–Security and enforcement of order–Modification
§ 26-7A-99 Order of wage assignment for support of child–Discovery of employment–Disobedience as contempt
§ 26-7A-100 Conservatorship of estate of child
§ 26-7A-101 Period of continuation of guardianship or conservatorship–Application for new guardian or conservator, restoration to parents or discharge of guardian or conservator
§ 26-7A-102 Jurisdiction of court
§ 26-7A-103 Court order for report by guardian or institution
§ 26-7A-104 Review dispositional hearing to remove guardian or institution or restore child to parents
§ 26-7A-105 Child not disqualified from public office, civil service, or military service–Not a criminal conviction
§ 26-7A-106 Proceedings not admissible in criminal or civil action against child
§ 26-7A-107 Order of protection–Authorized provisions–Termination, modification or extension of order
§ 26-7A-107.1 Provisions for violation of order of protection
§ 26-7A-107.2 Violation of order of protection as a misdemeanor
§ 26-7A-108 Modifying or setting aside order or decree–Hearing required on probation violation or change in legal custody.26-7A-108.1
§ 26-7A-109 Petition for modification or termination of custody decree on change of circumstances
§ 26-7A-110 Petition for new hearing on ground of new evidence
§ 26-7A-111 Interstate compacts not affected by provisions
§ 26-7A-112 Rules of procedure govern appeals–Notice to attorney general
§ 26-7A-113 Sealing records in action involving abused or neglected child–Inspection
§ 26-7A-114 Sealing records in action involving child in need of supervision–Inspection
§ 26-7A-115 Sealing records in action involving delinquent child–Inspection.26-7A-115.1
§ 26-7A-116 Distribution of copies of order sealing records–Inspection of sealed records
§ 26-7A-117 Maximum age for which committed
§ 26-7A-118 Parent or guardian required to appear at certain hearings
§ 26-7A-120 Confidentiality of records
§ 26-7A-122 Court discharge of child from Department of Corrections–Restoration to parent, guardian, or custodian or change in placement–Resisting discharge
§ 26-7A-123 Department of Corrections to file periodic report on child in custody–Contents of report
§ 26-7A-124 Judicial review of report–Court may issue show cause order against department
§ 26-7A-125 Graduated sanctions and incentives program for responding to probation violations
§ 26-7A-126 Law enforcement treatment as juvenile cited violation–Procedure–Report to state’s attorney
§ 26-7A-127 Action by state’s attorney for juvenile cited violation
§ 26-7A-128 Admission or denial of alleged juvenile cited violation–Procedure
§ 26-7A-129 Judgment on juvenile cited violation

Terms Used In South Dakota Codified Laws > Title 26 > Chapter 7A

  • Abused or neglected child: a child as defined in § . See South Dakota Codified Laws 26-7A-1
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adjudicatory hearing: a hearing to determine whether the allegations of a petition alleging that a child is abused or neglected are supported by clear and convincing evidence or whether the allegations of a petition alleging a child to be in need of supervision or a delinquent are supported by evidence beyond a reasonable doubt. See South Dakota Codified Laws 26-7A-1
  • Adult: a person eighteen years of age or over, except any person under twenty-one years of age who is under the continuing jurisdiction of the court or who is before the court for an alleged delinquent act committed before the person's eighteenth birthday. See South Dakota Codified Laws 26-7A-1
  • Adult: any person who is not a minor as defined in chapter 26-1. See South Dakota Codified Laws 2-14-2
  • Advisory hearing: the initial hearing conducted by the court to inform the child and the child's parents, guardian, custodian, or other interested parties of their statutory and constitutional rights. See South Dakota Codified Laws 26-7A-1
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Approved facility: a facility as defined by § . See South Dakota Codified Laws 26-7A-32.1
  • Arrest: Taking physical custody of a person by lawful authority.
  • Association: an association, institution, or corporation which includes in its purposes the care or disposition of children coming within the provisions of this chapter or chapter 26-8A, 26-8B, or 26-8C. See South Dakota Codified Laws 26-7A-1
  • Child: a person less than eighteen years of age and any person under twenty-one years of age who is under the continuing jurisdiction of the court or who is before the court for an alleged delinquent act committed before the person's eighteenth birthday. See South Dakota Codified Laws 26-7A-1
  • Child in need of supervision: a child as defined in § . See South Dakota Codified Laws 26-7A-1
  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conservator: a conservator of a child as defined in § . See South Dakota Codified Laws 26-7A-1
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Court: or "juvenile court" the circuit court. See South Dakota Codified Laws 26-7A-1
  • Custodian: any foster parent, employee of a public or private residential home or facility, other person legally responsible for a child's welfare in a residential setting, or person providing in-home or out-of-home care. See South Dakota Codified Laws 26-7A-1
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Day: the period from midnight to midnight. See South Dakota Codified Laws 2-14-2
  • Decree: the same meaning as the word "judgment". See South Dakota Codified Laws 2-14-2
  • Delinquent child: a child as defined in § . See South Dakota Codified Laws 26-7A-1
  • Department of Social Services: or "department" the South Dakota Department of Social Services. See South Dakota Codified Laws 26-7A-1
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Detention: the temporary custody of a child in secured physically restricting facilities for children, sight and sound separated from adult prisoners. See South Dakota Codified Laws 26-7A-1
  • Detention facility: a secured, physically- restricting facility designed, staffed, and operated for children and separated by sight and sound from adult prisoners or a facility for children in the same building or secure perimeter as an adult jail or lockup, where children are sight and sound separated from adult prisoners, where staff in the detention facility are trained and certified by the entity operating facility to work with children, and the facility had been approved as a collocated facility by the Office of Juvenile Justice and Delinquency Prevention. See South Dakota Codified Laws 26-7A-1
  • Developmental disability: a disability as defined by § . See South Dakota Codified Laws 26-7A-32.1
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dispositional hearing: a hearing after adjudication at which the court makes an interim or final decision in the case. See South Dakota Codified Laws 26-7A-1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Good faith: an honest intention to abstain from taking any unconscientious advantage of another, even through the forms or technicalities of law, together with an absence of all information or belief of facts which would render the transaction unconscientious. See South Dakota Codified Laws 2-14-2
  • Guardian: a guardian of a child as defined in § . See South Dakota Codified Laws 26-7A-1
  • Guardian ad litem: a representative of a child as defined in subdivision 15-6-17(c), including a court-appointed special advocate for a child. See South Dakota Codified Laws 26-7A-1
  • Indian tribe: any government of any Indian tribe which is located either wholly or partially within the State of South Dakota and which has a constitution or a charter approved by the secretary of the Department of the Interior and which possesses the powers of self-government. See South Dakota Codified Laws 2-14-2
  • Intake officer: a judge of a circuit court or the court's designee who may not be a court services officer, law enforcement officer, or prosecuting attorney. See South Dakota Codified Laws 26-7A-1
  • 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.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mental illness: any diagnosable mental impairment supported by the most current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. See South Dakota Codified Laws 26-7A-32.1
  • Minor: a person who has not reached his or her eighteenth birthday. See South Dakota Codified Laws 26-7A-1
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Parents: biological or adoptive parents of a child, including either parent, any single or surviving parent, and any custodial or noncustodial parent, jointly or severally. See South Dakota Codified Laws 26-7A-1
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Protective supervision: a legal status created by court order under which an alleged or adjudicated abused or neglected child is permitted to remain in the home of the child's parents, guardian, or custodian or is placed with a relative or other suitable person and supervision and assistance is provided by the court, Department of Social Services, or another agency designated by the court. See South Dakota Codified Laws 26-7A-1
  • Qualified mental health professional: a person as defined in § . See South Dakota Codified Laws 26-7A-1
  • Recess: A temporary interruption of the legislative business.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
  • Shelter: a physically-unrestricting home or facility for temporary care of a child. See South Dakota Codified Laws 26-7A-1
  • State: the State of South Dakota. See South Dakota Codified Laws 2-14-2
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Temporary care: the care given to a child in temporary custody. See South Dakota Codified Laws 26-7A-1
  • Temporary custody: the physical and legal control of a child prior to final disposition. See South Dakota Codified Laws 26-7A-1
  • Testify: every mode of oral statement under oath or affirmation. See South Dakota Codified Laws 2-14-2
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Writing: and "written" include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
  • Year: a calendar year. See South Dakota Codified Laws 2-14-2