26-8A-21.2. Permanency hearing required if child is not to be returned to parents--Court to determine placement--Final dispositional hearing.
If the court has determined that reasonable efforts to return an adjudicated abused or neglected child to the home of the parent, guardian, or custodian are not appropriate, a permanency hearing shall be held within thirty days after the determination. At the permanency hearing, the court shall determine if:
(1)The child should be placed for adoption. If the court determines that the child should be placed for adoption, the state shall notify the parties of its intent to seek the termination of parental rights if notice has not already been provided;
(2)The child should be referred for legal guardianship;
(3)The child should be placed permanently with a fit and willing relative; or
(4)Only in the case of a child who is sixteen years of age or older, a compelling reason is documented with the court that none of the permanent plans listed in this section would be in the best interest of the child, and the child should be placed in another planned permanent living arrangement. At each permanency hearing for a child placed in another planned permanent living arrangement, the court shall ask the child about the desired permanency outcome for the child and make a judicial determination stating the reasons that another planned permanent living arrangement is the best permanency plan for the child.
The court may immediately proceed with a final dispositional hearing if proper notice of the hearing has been given.
Source: SL 1999, ch 137, §1; SL 2005, ch 142, §1; SL 2016, ch 145, §1.
Structure South Dakota Codified Laws
Chapter 08A - Protection Of Children From Abuse Or Neglect
Section 26-8A-1 - Purpose of chapter.
Section 26-8A-2 - Abused or neglected child.
Section 26-8A-5 - Application of terms.
Section 26-8A-8 - Oral report of abuse or neglect--To whom made--Response report.
Section 26-8A-10 - Report to social services--Content.
Section 26-8A-10.2 - Exception to notice requirement.
Section 26-8A-11 - Request to amend or remove record--Administrative hearing--Decision.
Section 26-8A-12 - Operation of central registry for abuse and neglect--Adoption of rules.
Section 26-8A-13.2 - Consent of possible caretaker required for central registry screenings.
Section 26-8A-14 - Immunity from liability.
Section 26-8A-15 - Communications not privileged in child abuse or neglect cases.
Section 26-8A-17 - Child protection teams.
Section 26-8A-18 - Appointment of counsel--Compensation--Assistance.
Section 26-8A-19 - Abused and neglected child defense fund--Distribution to counties--Pro rata.
Section 26-8A-20 - Appointment of representative of child's best interest--Duties.
Section 26-8A-21.1 - Exceptions to §26-8A-21.
Section 26-8A-24 - Periodic review hearings of foster care status--Petition for judicial action.
Section 26-8A-25 - Criteria for determining continued placement of child separate from home.
Section 26-8A-26.1 - Additional reasons for termination of parental rights.
Section 26-8A-28 - Notice of order or final decree--Service--Appeal.
Section 26-8A-29 - Continuing jurisdiction over abused or neglected child.
Section 26-8A-30 - Testimony of child by closed circuit television--Hearing to determine necessity.
Section 26-8A-32 - Due regard to be afforded Indian Child Welfare Act.
Section 26-8A-33 - Proceeding involving child covered by Indian Child Welfare Act.
Section 26-8A-34 - Alcohol or drug testing as condition of child placement or return.
Section 26-8A-36 - Immunity from liability for administering or not administering toxicology test.