South Dakota Codified Laws
Chapter 11A - Juvenile Correctional Facilities And Programs
Section 26-11A-21 - Restoration of juvenile to custody of parent or guardian--Appointment of new guardian.

26-11A-21. Restoration of juvenile to custody of parent or guardian--Appointment of new guardian.
Upon discharge of a juvenile from the Department of Corrections, the child shall be restored to the custody of either or both of the juvenile's parents or restored to the guardian at the time of disposition. The Department of Corrections may, upon a proper showing, apply to the court for the appointment of a new guardian at the time of discharge from the department.

Source: SL 1996, ch 172, ยง74.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 26 - Minors

Chapter 11A - Juvenile Correctional Facilities And Programs

Section 26-11A-1 - Establishment, maintenance, and operation of juvenile correctional facilities and programs.

Section 26-11A-1.4 - Department authorized to lease former state property--Disposition of revenue.

Section 26-11A-2 - Acceptance and expenditure of funds--Approval.

Section 26-11A-3 - Liability for medical and related services cost for committed juvenile--Securing payment on failure of responsible party to pay.

Section 26-11A-4 - Prohibition against court's commitment of juvenile to specific department facility or program.

Section 26-11A-5 - Age limit for juvenile within departmental jurisdiction.

Section 26-11A-6 - Age limit for placement of child sentenced as adult into juvenile facility--Affect on status.

Section 26-11A-7 - Jurisdiction and custody of adjudicated juvenile.

Section 26-11A-8 - Extent of security and treatment services for committed juvenile--Placement of juvenile.

Section 26-11A-8.1 - Treatment and aftercare plans--Treatment team meetings.

Section 26-11A-9 - Transfer of juvenile after initial placement.

Section 26-11A-10 - Placement contracts regarding juveniles and other states--Transfer of custody--Effect on juvenile's legal rights.

Section 26-11A-11 - Custodian of person of juvenile.

Section 26-11A-12 - Aftercare supervision program for juveniles conditionally released--Foster care--Terms, conditions, and duration of aftercare given in writing.

Section 26-11A-13 - Failure to comply with terms and conditions of aftercare--Duration of temporary detention or shelter--Violations.

Section 26-11A-14 - Temporary detention or shelter hearing--Timing--Orders of hearing officer--Holding of juvenile pending hearing.

Section 26-11A-15 - Aftercare revocation--Hearing--Notice--Written statement of allegations--Witnesses and evidence--Representation.

Section 26-11A-16 - Finding of violation or frustration of purpose--Continuance of aftercare.

Section 26-11A-17 - Release of juvenile for continuance of aftercare.

Section 26-11A-18 - Form of hearings.

Section 26-11A-19 - Reimbursement of expenses--Procedure.

Section 26-11A-20 - Grounds for discharge of juvenile--Department's jurisdiction ends at age twenty-one.

Section 26-11A-20.1 - Risk and needs evaluation required for juvenile who is not discharged by age nineteen.

Section 26-11A-21 - Restoration of juvenile to custody of parent or guardian--Appointment of new guardian.

Section 26-11A-22 - Committing court to receive notice of intent to discharge juvenile--State's attorney to notify any involved victim.

Section 26-11A-23 - Use of restraints prohibited--Exceptions--"Restraints" defined.

Section 26-11A-24 - Definition of terms.

Section 26-11A-25 - Monitor within juvenile corrections system--Primary duty.

Section 26-11A-26 - Allegations of abuse within juvenile corrections facilities to be reported to monitor.

Section 26-11A-27 - Powers and duties of monitor.

Section 26-11A-27.1 - Certification that report of activities of monitor does not disclose juvenile's or other person's identity.

Section 26-11A-28 - Monitor to report findings of abuse or neglect.

Section 26-11A-30 - Disclosure of identities of juveniles or others requesting assistance not required--Identity of person reporting to monitor to remain confidential.

Section 26-11A-31 - Knowingly hindering actions of monitor as misdemeanor.

Section 26-11A-32 - Retaliatory acts against individual who cooperates with monitor prohibited--Violation as misdemeanor .

Section 26-11A-33 - Identities of persons or agencies reporting to monitor to remain confidential.

Section 26-11A-33.1 - Confidential report of allegations of abuse and neglect within private contracted facilities.

Section 26-11A-34 - Records to be provided to the court and Department of Social Services.