26-8A-34. Alcohol or drug testing as condition of child placement or return.
If the court finds the apparent, alleged, or adjudicated abuse or neglect of a child was related to the use of alcohol, marijuana, or any controlled drug or substance, the placement or return of the child may be subject to the condition, if the court so orders, that a parent, guardian, custodian, or any other adult residing in the home submit to tests for alcohol, marijuana, or any controlled drug or substance prior to or during the placement or return of the child. If a parent, guardian, custodian, or any other adult, who resides in the home and has been ordered by the court to submit to testing for alcohol, marijuana, or any controlled drug or substance, tests positive for alcohol, marijuana, or any controlled drug or substance, or fails to submit to the test as required, the Department of Social Services may immediately remove the child from the physical custody of the parent, guardian, or custodian, without prior court order, subject to a review hearing, which may be telephonic, within forty-eight hours excluding Saturdays, Sundays, and court holidays. As used in this section, any controlled drug or substance means a controlled drug or substance which was not lawfully prescribed by a practitioner as authorized by chapters 22-42 and 34-20B.
Source: SL 2008, ch 6, §2.
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.