South Dakota Codified Laws
Chapter 07A - Juvenile Court
Section 26-7A-32.5 - Suspension of proceeding pending competency determination.

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