South Dakota Codified Laws
Chapter 07A - Juvenile Court
Section 26-7A-118 - Parent or guardian required to appear at certain hearings.

26-7A-118. Parent or guardian required to appear at certain hearings.
Notwithstanding any other provision of this chapter, at least one custodial parent or guardian of any child who is the subject of child in need of supervision or delinquency proceedings under this chapter or chapter 26-8B or 26-8C shall appear at any hearing, except a hearing under §26-7A-13, authorized by this chapter or chapter 26-8B or 26-8C. This provision does not apply to parents or guardians who are not residents of South Dakota nor to any state official or state agency. The absence of the parent or guardian need not result in postponement of the scheduled hearing, if the court finds good cause to proceed in the absence. If the parent or guardian, without reasonable cause, fails to appear at the scheduled hearing, a warrant may be issued requiring the parent or guardian to be brought before the court.

Source: SL 1993, ch 202.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 26 - Minors

Chapter 07A - Juvenile Court

Section 26-7A-1 - Definition of terms.

Section 26-7A-2 - Original jurisdiction of dependency and delinquency proceedings--Effect of custody award in prior divorce proceedings--Application of Indian Child Welfare Act.

Section 26-7A-3 - Venue of dependency and delinquency proceedings--Transfer of proceedings.

Section 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.

Section 26-7A-5 - Proceedings in best interest of child.

Section 26-7A-6 - Liberal construction for protection of child.

Section 26-7A-7 - Interference with court orders as contempt--Punishment.

Section 26-7A-8 - Court services officers--Appointment--Duties.

Section 26-7A-9 - State's attorneys to represent state and Department of Social Services--Exemption.

Section 26-7A-10 - Preliminary investigation by state's attorney--Authorized procedure on basis of investigation.

Section 26-7A-11 - Requirements for referral for informal adjustment or action.

Section 26-7A-11.1 - Criteria for referral for informal adjustment or action.

Section 26-7A-12 - Temporary custody by law enforcement officer or court services officer without court order.

Section 26-7A-12.1 - Child in possession of firearms on school property may be taken into temporary custody.

Section 26-7A-13 - Court-ordered temporary custody--Noticed hearing--Without noticed hearing.

Section 26-7A-13.1 - Hearing by intake officer.

Section 26-7A-13.2 - Delivery of juvenile to temporary custodian.

Section 26-7A-14 - Temporary care of child by caretaker designated by court--Limitation of temporary custody--Release.

Section 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.

Section 26-7A-15.1 - Proceedings under certain chapters to which the Indian Child Welfare Act applies--Procedures.

Section 26-7A-15.2 - Form of notice to parent, custodian, or Indian tribe of child custody proceeding.

Section 26-7A-15.3 - Designated tribal agent defined.

Section 26-7A-16 - Child held until released by court.

Section 26-7A-17 - Notice to state's attorney of child taken into temporary custody--Written report--Notice to court.

Section 26-7A-18 - Temporary custody hearing--Best interests of child--Conducted telephonically.

Section 26-7A-19 - Options of court following temporary custody hearing for abused or neglected child.

Section 26-7A-19.1 - Preference for placement of abused or neglected child with relatives after hearing.

Section 26-7A-19.2 - Action by division when relative desires to take temporary or permanent placement of abused or neglected child.

Section 26-7A-20 - Release of child in need of supervision after temporary custody hearing--Exceptions.

Section 26-7A-21 - Release of delinquent child after temporary custody hearing--Exceptions.

Section 26-7A-22 - Temporary custody not an arrest.

Section 26-7A-23 - Temporary care, shelter, or detention facilities maintained by board of county commissioners.

Section 26-7A-24 - Intercounty contracts for use of facilities.

Section 26-7A-25 - County to care for children pending adjudication.

Section 26-7A-27 - Police records of children taken into temporary custody--Confidentiality.

Section 26-7A-28 - Release of information on identity of child prohibited except by court order or when child adjudicated delinquent offender.

Section 26-7A-29 - Release of information to persons, agencies, or facilities with legitimate interest in child.

Section 26-7A-30 - Rights of child and parents, guardian, or custodian--Representation by attorney--Motion for new hearing--Appeal.

Section 26-7A-31 - Court appointed attorney--Compensation.

Section 26-7A-32 - Lien against property of parents for payment of court-appointed attorney--Exceptions--Limitation.

Section 26-7A-32.1 - Definition of terms regarding competency of juvenile.

Section 26-7A-32.2 - Incompetent juvenile not subject to chapters 26-8B or 26-8C.

Section 26-7A-32.3 - Raising issue of competency.

Section 26-7A-32.4 - Competency examination.

Section 26-7A-32.5 - Suspension of proceeding pending competency determination.

Section 26-7A-32.6 - Examiner's report.

Section 26-7A-32.7 - Competency determination hearing.

Section 26-7A-32.8 - Burden of proving competence.

Section 26-7A-32.9 - Statements by juvenile during competency evaluation not admissible.

Section 26-7A-32.10 - Competency may be revisited upon transfer to adult court.

Section 26-7A-32.11 - Procedure upon finding that juvenile not competent to proceed but probably will be competent in foreseeable future.

Section 26-7A-32.12 - Procedure upon finding that juvenile not competent to proceed and probably will not be competent in foreseeable future.

Section 26-7A-33 - Priority in scheduling hearings and trials.

Section 26-7A-34 - Conduct of hearings.

Section 26-7A-35 - Record of hearings.

Section 26-7A-36 - Hearings closed unless court compelled otherwise--Exceptions.

Section 26-7A-36.1 - Attendance at juvenile hearings by crime victims.

Section 26-7A-37 - Persons authorized to inspect or receive copies of records of court proceedings.

Section 26-7A-38 - Protection of identity of witnesses--Violation creates cause of action for civil damages--Contempt.

Section 26-7A-39 - Compulsory process for attendance of defense witnesses.

Section 26-7A-40 - Witness fees and expenses.

Section 26-7A-41 - Physical and mental health examination--Placement in suitable facility--Report.

Section 26-7A-42 - Court-ordered protection, support or dental, medical or surgical treatment--Parental consent--Costs.

Section 26-7A-43 - Petition alleging abused or neglected child, child in need of supervision or delinquent child--Required information--Verification.

Section 26-7A-44 - Summons--Unknown parties--Contents.

Section 26-7A-45 - Failure to appear before the court--Contempt.

Section 26-7A-46 - Hearing on petition upon waiver of notice.

Section 26-7A-47 - Service of summons.

Section 26-7A-48 - Publication of summons--Affidavit or certificate of publication.

Section 26-7A-49 - Warrant issued against parents, guardian, or custodian.

Section 26-7A-50 - Apprehension of child on warrant--Promise of parent, guardian, or custodian to produce child at hearing.

Section 26-7A-51 - Failure to produce child at hearing as contempt.

Section 26-7A-52 - Bond to secure court appearance of child in need of supervision or delinquent child.

Section 26-7A-53 - Appearance and answer by interested parties--Failure as default--Petition taken as admitted by default.

Section 26-7A-54 - Advisory hearing before adjudicatory hearing.

Section 26-7A-55 - Petition admitted to by all parties--Dispositional hearing--Petition not admitted to--Adjudicatory hearing--Interim order for temporary custody.

Section 26-7A-56 - Rules of procedure and evidence apply to adjudicatory hearings--Rules for other hearings prescribed by court.

Section 26-7A-57 - Discovery--"Respondent" defined--"Child" defined.

Section 26-7A-58 - Inspection by respondent or child of statements made by any respondent or child.

Section 26-7A-59 - Request for copy of prior order of adjudication or final decree of disposition.

Section 26-7A-60 - Right to inspect, copy, or photograph books, papers, documents, photographs, tangible objects, buildings, or places.

Section 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.

Section 26-7A-62 - Inspection of internal documents of state prohibited--Exceptions--Inspection of statements of state's witnesses prohibited--Exceptions.

Section 26-7A-63 - Statement of state's witness or prospective witness not subject to discovery until witness has testified.

Section 26-7A-64 - Examination upon request of statement by state's witness relating to subject matter of witness' testimony.

Section 26-7A-65 - Excise of nonsubject matter related material from witness' statement to be produced--Appeal.

Section 26-7A-66 - Witness' testimony struck from record upon state's attorney's election not to deliver statement to respondent or child.

Section 26-7A-67 - "Statement" defined.

Section 26-7A-68 - State's attorney may inspect, copy, or photograph documents or objects in possession of respondent or child.

Section 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.

Section 26-7A-70 - State's attorney prohibited from inspection of internal documents made by respondent or child or attorneys in connection with case.

Section 26-7A-71 - Notice of additional evidence.

Section 26-7A-72 - Court order upon discovery motion.

Section 26-7A-73 - Failure of party to comply with discovery provisions.

Section 26-7A-74 - Depositions--"Respondent" defined--"Child" defined.

Section 26-7A-75 - Depositions only as provided by statute or rule--Motion by party due to exceptional circumstances.

Section 26-7A-76 - Notice of deposition--Right of child or respondent to be present--Waiver.

Section 26-7A-77 - Manner of taking and filing deposition--Examination and cross examination.

Section 26-7A-78 - Deposition enclosed, sealed, and endorsed--Transmitted to county clerk.

Section 26-7A-79 - Use of depositions.

Section 26-7A-80 - Objections to deposition testimony or evidence--Basis.

Section 26-7A-81 - Deposition by agreement of parties not precluded.

Section 26-7A-82 - Adjudicatory hearing following advisory hearing--Support of evidence.

Section 26-7A-83 - Evidence considered at adjudicatory hearing--Appearance of party preparing reports and materials used as evidence.

Section 26-7A-84 - Order to amend petition.

Section 26-7A-85 - Child with mental illness or intellectual disability--Suspension of hearing--Examination.

Section 26-7A-86 - Final order when allegations not supported by evidence--Additional findings and conclusions for abused or neglected child--Appeal.

Section 26-7A-87 - Adjudication subject to intermediate appeal--Dispositional proceedings--Interim dispositional decree.

Section 26-7A-88 - Examination, investigation, and reports of adjudicated child before final disposition.

Section 26-7A-89 - Continuance of case--Custody of child pending disposition--Term of continuance.

Section 26-7A-90 - Evidence heard at dispositional hearing--Interim decree--Final decree.

Section 26-7A-91 - Notice of entry of order of adjudication or final decree--Service of publication.

Section 26-7A-92 - Guardian of placed child.

Section 26-7A-93 - Placement subject to availability of space.

Section 26-7A-94 - Provisions for payment of custodial care costs.

Section 26-7A-95 - Parents' duty to support child--Costs of custodial care payable on demand.

Section 26-7A-96 - Acceptance and expenditure of additional funds for custodial care costs.

Section 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.

Section 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.

Section 26-7A-99 - Order of wage assignment for support of child--Discovery of employment--Disobedience as contempt.

Section 26-7A-100 - Conservatorship of estate of child.

Section 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.

Section 26-7A-102 - Jurisdiction of court.

Section 26-7A-103 - Court order for report by guardian or institution.

Section 26-7A-104 - Review dispositional hearing to remove guardian or institution or restore child to parents.

Section 26-7A-105 - Child not disqualified from public office, civil service, or military service--Not a criminal conviction.

Section 26-7A-106 - Proceedings not admissible in criminal or civil action against child.

Section 26-7A-107 - Order of protection--Authorized provisions--Termination, modification or extension of order.

Section 26-7A-107.1 - Provisions for violation of order of protection.

Section 26-7A-107.2 - Violation of order of protection as a misdemeanor.

Section 26-7A-108 - Modifying or setting aside order or decree--Hearing required on probation violation or change in legal custody.

Section 26-7A-108.1 - Suspension of probationary period under certain conditions.

Section 26-7A-109 - Petition for modification or termination of custody decree on change of circumstances.

Section 26-7A-110 - Petition for new hearing on ground of new evidence.

Section 26-7A-111 - Interstate compacts not affected by provisions.

Section 26-7A-112 - Rules of procedure govern appeals--Notice to attorney general.

Section 26-7A-113 - Sealing records in action involving abused or neglected child--Inspection.

Section 26-7A-114 - Sealing records in action involving child in need of supervision--Inspection.

Section 26-7A-115 - Sealing records in action involving delinquent child--Inspection.

Section 26-7A-115.1 - Victim of human trafficking or sexual exploitation--Expungement of delinquency record.

Section 26-7A-116 - Distribution of copies of order sealing records--Inspection of sealed records.

Section 26-7A-117 - Maximum age for which committed.

Section 26-7A-118 - Parent or guardian required to appear at certain hearings.

Section 26-7A-120 - Confidentiality of records.

Section 26-7A-122 - Court discharge of child from Department of Corrections--Restoration to parent, guardian, or custodian or change in placement--Resisting discharge.

Section 26-7A-123 - Department of Corrections to file periodic report on child in custody--Contents of report.

Section 26-7A-124 - Judicial review of report--Court may issue show cause order against department.

Section 26-7A-125 - Graduated sanctions and incentives program for responding to probation violations.

Section 26-7A-126 - Law enforcement treatment as juvenile cited violation--Procedure--Report to state's attorney.

Section 26-7A-127 - Action by state's attorney for juvenile cited violation.

Section 26-7A-128 - Admission or denial of alleged juvenile cited violation--Procedure.

Section 26-7A-129 - Judgment on juvenile cited violation.

Section 26-7A-A - APPENDIX OF FORMS