South Dakota § 25-4A-38 - Form of custody evaluations.

§ 25-4A-38. Form of custody evaluations.

Effective December 31, 2026

25-4A-38. Form of custody evaluations.

The purpose of a custody evaluation is to provide the court with information it may consider in making decisions regarding custody and parenting time arrangements that are in the child's best interest. A custody evaluator shall consider and respond to the factors as set forth by the court in §§ 25-4A-24, 25-4-45 and §§ 25-4A-33 to 25-4A-37, inclusive.

A custody evaluator shall:

(1)    Use interview, assessment, and testing procedures that are consistent with generally accepted clinical, forensic, scientific, diagnostic, or medical standards;

(2)    Complete a fact-finding investigation;

(3)    Interview service providers and other collateral sources (teachers, psychologists, psychiatrists, doctors, nurses, neighbors, and others) who are knowledgeable about the child and family; and

(4)    Administer or obtain psychological evaluations only upon receiving a court order or an agreement between the parties. Psychological evaluations must only be administered and interpreted by a licensed expert.

Every custody evaluation report must contain the following:

(1)    The procedures employed during the evaluation;

(2)    The data collected as permitted by professional standards;

(3)    Testing results;

(4)    An explanation of any limitations in the evaluation or any reservations of the professional regarding the resulting recommendations;

(5)    Verification of each statement of material fact upon which the evaluator relied and the sources of verification, or alternatively, the inability to verify material facts and reasons therefore;

(6)    The amount of time spent with each party and child; and

(7)    Application and discussion of each of the factors set forth in § 25-4A-24.

Upon receiving notice of an appointment by the court, the evaluator shall provide their anticipated timeline for commencement to the parties and to the court.  Following receipt of the anticipated commencement date, either party may request the assignment of a different evaluator.  After commencement of the evaluation, a report must be completed within 120 days after appointment by a court order. If the evaluation will not be completed within 120 days, upon the motion by either party, the court may expand the timeline. The evaluator shall send a status update to the parties at least once every 30 days outlining what needs to be completed or provided by each party.

Upon completion of the report, the evaluator shall provide the written report to the parties and file a copy of the report with the court.

Evaluators shall retain all documents and notes used during their custody evaluation process for at least three years after completion of the report.

Source: SL 2026, ch 249 (Supreme Court Rule 26-07), eff. Dec. 31, 2026.

Commission Note: By order dated June 3, 2026, the Supreme Court delayed the effective date of Rule 26-07 from July 1, 2026, to December 31, 2026.