South Dakota Code — 26
Browse 518 sections in division 26 of the South Dakota code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 26-1-1. Age of minority--Calculation of age.
- § 26-1-2. Unborn child deemed existing person.
- § 26-1-3. Enforcement of minor's rights--Guardian or conservator required.
- § 26-1-4. Minor's liability for wrongs--Restriction on exemplary damages.
- § 26-2-1. Delegation of power by minor--Contracts relating to property--Account at financial institution.
- § 26-2-2. Disability of minority removed to permit use of veterans' loan privileges.
- § 26-2-3. Contracts subject to power of disaffirmance.
- § 26-2-4. Power of disaffirmance not applicable to necessaries.
- § 26-2-5. Power of disaffirmance not applicable to contract under express statutory authority.
- § 26-2-6. Time for disaffirmance of contract--Persons authorized to disaffirm--Restoration of consideration.
- § 26-2-7. Blood donations by minors.
- § 26-4-5. Repealed by SL 2012, ch 151, §§ 1, 2.
- § 26-4-7. Development of standards for child care agencies.
- § 26-4-9.1. Adoption services program established--Rules adopted.
- § 26-4-10. Repealed by SL 2012, ch 151, §§ 4 to 6.
- § 26-4-13. Foster care payments exempt from legal process.
- § 26-4-15. Adoptive home study report for out-of-state children--Criminal record check and central registry screening to be included.
- § 26-5B-101. Short title.
- § 26-5B-102. Definitions.
- § 26-5B-103. Proceedings governed by other law.
- § 26-5B-104. Application to Indian tribes.
- § 26-5B-105. International application of chapter.
- § 26-5B-106. Effect of child-custody determination.
- § 26-5B-107. Priority.
- § 26-5B-108. Notice to persons outside state.
- § 26-5B-109. Appearance and limited immunity.
- § 26-5B-110. Communication between courts.
- § 26-5B-111. Taking testimony in another state.
- § 26-5B-112. Cooperation between courts--Preservation of records.
- § 26-5B-201. Initial child-custody jurisdiction.
- § 26-5B-202. Exclusive, continuing jurisdiction.
- § 26-5B-203. Jurisdiction to modify determination.
- § 26-5B-204. Temporary emergency jurisdiction.
- § 26-5B-205. Notice--Opportunity to be heard--Joinder.
- § 26-5B-206. Simultaneous proceedings.
- § 26-5B-207. Inconvenient forum.
- § 26-5B-208. Jurisdiction declined by reason of conduct.
- § 26-5B-209. Information to be submitted to court.
- § 26-5B-210. Appearance of parties and child.
- § 26-5B-301. Definitions.
- § 26-5B-302. Enforcement under Hague Convention.
- § 26-5B-303. Duty to enforce.
- § 26-5B-304. Temporary visitation.
- § 26-5B-305. Registration of child-custody determination.
- § 26-5B-306. Enforcement of registered determination.
- § 26-5B-307. Simultaneous proceedings.
- § 26-5B-308. Expedited enforcement of child-custody determination.
- § 26-5B-309. Service of petition and order.
- § 26-5B-310. Hearing and order.
- § 26-5B-311. Warrant to take physical custody of child.
- § 26-5B-312. Costs, fees, and expenses.
- § 26-5B-313. Recognition and enforcement.
- § 26-5B-314. Appeals.
- § 26-5B-315. Role of prosecutor or public official.
- § 26-5B-316. Role of law enforcement.
- § 26-5B-317. Costs and expenses.
- § 26-5B-401. Application and construction.
- § 26-5B-402. Severability clause.
- § 26-5B-405. Transitional provision.
- § 26-6-1. Agencies and institutions defined as child welfare agencies--Department of Social Services.
- § 26-6-1.1. Chapter not applicable to day care services provided by school board for children of enrolled students.
- § 26-6-1.2. Definitions.
- § 26-6-6.1. Continuing foster care to age twenty-one.
- § 26-6-8. License required to place child for adoption--Relatives and guardian excepted.
- § 26-6-9. License or registration required for child care or placement by public or private agency--Waiver violation as misdemeanor.
- § 26-6-11. Application for license--Investigation--Issuance--Conditions--Records--Public inspection.
- § 26-6-12. Provisional license authorized.
- § 26-6-13. Duration of licenses--Suspension or revocation--Assignment prohibited--Display or availability for inspection.
- § 26-6-14. Categories of child welfare agency licenses.
- § 26-6-14.1. Family day care defined--Number of children allowed.
- § 26-6-14.2. Registration of family day care homes--Rules--Exemption--Investigation--Duration of registration--Assignment prohibited.
- § 26-6-14.3. Issuance of child welfare license--Criminal record of applicant to be secured--Waiver by applicant--When application denied.
- § 26-6-14.4. Persons to whom criminal record requirement applies.
- § 26-6-14.5. Waiver, fingerprinting, and declaration as condition of employment--Time--Immediate termination of employee.
- § 26-6-14.6. Meaning of conviction--Evidence of conviction.
- § 26-6-14.7. Transfer of criminal record clearance when changing employment.
- § 26-6-14.8. Unregistered family day care defined--Number of children allowed.
- § 26-6-14.9. Submission of employees' names to department--Central registry background checks--Notification to provider--Issuance of certificate.
- § 26-6-14.10. Prohibition of licensure, registration, or operation by person convicted of child abuse or other felony, or whose name appears on registry--Failure to report as misdemeanor.
- § 26-6-14.11. Prohibition of child care by person convicted of child abuse, sex offense, or other felony, or whose name appears on registry--Violation as misdemeanor.
- § 26-6-14.12. Before and after school day care exempt from zoning, uniform building, and safety provisions.
- § 26-6-14.13. Information from another state's central registry or national crime database to be used only for background check.
- § 26-6-15. Specification in licenses and registration certificates of work authorized.
- § 26-6-15.1. Additional number of children in day care--Staff-to-child ratios.
- § 26-6-15.2. Additional number of children in day care center operating preschool program.
- § 26-6-16. Rules for child care by licensed or registered agencies promulgated by department--Matters included in rules.
- § 26-6-18.1. Establishment and support of day care centers by counties and municipalities.
- § 26-6-18.3. Appropriation for day care centers.
- § 26-6-18.4. Approved programs required for payments to nonprofit organizations--Records and periodic audit.
- § 26-6-18.5. Exemption of program from zoning, building and fire and life safety codes.
- § 26-6-19. Department of Health visitations and inspections.
- § 26-6-20. Records on children in care of agencies--Information confidential.
- § 26-6-20.1. Definition of terms.
- § 26-6-20.2. Separation of residents' moneys required of homes and centers.
- § 26-6-20.3. Demand trust account deposit of moneys not kept in center--Deposit with state treasurer by public agency.
- § 26-6-20.4. Deposit of money for resident when over specified amount.
- § 26-6-20.5. Surety bond required of facility handling more than specified monthly amount--Bond amount.
- § 26-6-20.6. Safeguards and records required of facilities.
- § 26-6-20.7. Public audit of records.
- § 26-6-20.8. Revocation of license--Cause.
- § 26-6-20.9. Surrender of moneys and funds upon discharge of resident--Receipt--Deposited funds.
- § 26-6-20.10. Escheat of unclaimed property under specified value after death of resident--Notice to relatives--Time--Disposition of property or money.
- § 26-6-21. Placement of children for adoption--Consent by agency to adoption.
- § 26-6-22. Notice to remove child from child welfare agency.
- § 26-6-23. Grounds for revocation or refusal to issue or renew child welfare agency license or registration.
- § 26-6-23.1. Revocation or refusal to issue or renew license or registration for child abuse or violence.
- § 26-6-23.2. Central registry background checks on employees.
- § 26-6-24. Notice of intended revocation or refusal of renewal of license or registration--Hearing on protest--Temporary suspension.
- § 26-6-25. Investigation by department of unlicensed and unregistered operations--Further action by department.
- § 26-6-27. Educational and incidental activities exempt from chapter--State institutions.
- § 26-6-28. Reduction of number of children in foster care.
- § 26-6-29. Shelters for battered spouses exempt.
- § 26-6-35. Foster care for person under continuing juvenile jurisdiction who is over the age of majority.
- § 26-6-36. Definitions relating to religious child-placement agencies.
- § 26-6-37. Adverse action defined.
- § 26-6-38. Child-placement agency not required to provide service that conflicts with sincere written religious policy.
- § 26-6-39. State may not take adverse action against child-placement agency acting on basis of sincere written religious policy.
- § 26-6-40. Licensure and state benefit programs available to religious child-placement agency.
- § 26-6-41. Religious child-placement agency to be independent from state.
- § 26-6-42. Child-placement agency may not decline service on basis of race, ethnicity, or national origin.
- § 26-6-43. Claim or defense based on §§ 26-6-36 to 26-6-50.
- § 26-6-44. Relief available for successful claim or defense.
- § 26-6-45. Sovereign immunity not waived.
- § 26-6-46. Broad protection of free exercise of religious beliefs and moral convictions.
- § 26-6-47. Other law in conflict preempted.
- § 26-6-48. Time for asserting claim.
- § 26-6-49. Construction with federal law.
- § 26-6-50. Other child-placement agencies not limited by actions of religious child-placement agency--Best interest of child.
- § 26-6-51. Monitor--Designation--Primary duty.
- § 26-6-52. Monitor--Powers and duties.
- § 26-6-53. Findings of abuse or neglect--Report.
- § 26-6-54. Persons requesting assistance--Identity--Confidentiality.
- § 26-6-55. Hinderance of monitor--Violation as misdemeanor.
- § 26-6-56. Retaliatory acts--Prohibition--Violation as misdemeanor.
- § 26-6-57. Persons making report--Identity--Confidentiality.
- § 26-7A-1. Definition of terms.
- § 26-7A-2. Original jurisdiction of dependency and delinquency proceedings--Effect of custody award in prior divorce proceedings--Application of Indian Child Welfare Act.
- § 26-7A-3. Venue of dependency and delinquency proceedings--Transfer of proceedings.
- § 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.
- § 26-7A-5. Proceedings in best interest of child.
- § 26-7A-6. Liberal construction for protection of child.
- § 26-7A-7. Interference with court orders as contempt--Punishment.
- § 26-7A-8. Court services officers--Appointment--Duties.
- § 26-7A-9. State's attorneys to represent state and Department of Social Services--Exemption.
- § 26-7A-10. Preliminary investigation by state's attorney--Authorized procedure on basis of investigation.
- § 26-7A-11. Requirements for referral for informal adjustment or action.
- § 26-7A-11.1. Criteria for referral for informal adjustment or action.
- § 26-7A-12. Temporary custody by law enforcement officer or court services officer without court order.
- § 26-7A-12.1. Child in possession of firearms on school property may be taken into temporary custody.
- § 26-7A-13. Court-ordered temporary custody--Noticed hearing--Without noticed hearing.
- § 26-7A-13.1. Hearing by intake officer.
- § 26-7A-13.2. Delivery of juvenile to temporary custodian.
- § 26-7A-14. Temporary care of child by caretaker designated by court--Limitation of temporary custody--Release.
- § 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.
- § 26-7A-15.1. Proceedings under certain chapters to which the Indian Child Welfare Act applies--Procedures.
- § 26-7A-15.2. Form of notice to parent, custodian, or Indian tribe of child custody proceeding.
- § 26-7A-15.3. Designated tribal agent defined.
- § 26-7A-16. Child held until released by court.
- § 26-7A-17. Notice to state's attorney of child taken into temporary custody--Written report--Notice to court.
- § 26-7A-18. Temporary custody hearing--Best interests of child--Conducted telephonically.
- § 26-7A-19. Options of court following temporary custody hearing for abused or neglected child.
- § 26-7A-19.1. Preference for placement of abused or neglected child with relatives after hearing.
- § 26-7A-19.2. Action by division when relative desires to take temporary or permanent placement of abused or neglected child.
- § 26-7A-20. Release of child in need of supervision after temporary custody hearing--Exceptions.
- § 26-7A-21. Release of delinquent child after temporary custody hearing--Exceptions.
- § 26-7A-22. Temporary custody not an arrest.
- § 26-7A-23. Temporary care, shelter, or detention facilities maintained by board of county commissioners.
- § 26-7A-24. Intercounty contracts for use of facilities.
- § 26-7A-25. County to care for children pending adjudication.
- § 26-7A-26. Detention in jail with adult prisoners prohibited for abused or neglected child--Temporary detention--Detention with adults for child transferred to adult court.
- § 26-7A-27. Police records of children taken into temporary custody--Confidentiality.
- § 26-7A-28. Release of information on identity of child prohibited except by court order or when child adjudicated delinquent offender.
- § 26-7A-29. Release of information to persons, agencies, or facilities with legitimate interest in child.
- § 26-7A-30. Rights of child and parents, guardian, or custodian--Representation by attorney--Motion for new hearing--Appeal.
- § 26-7A-31. Court appointed attorney--Compensation.
- § 26-7A-32. Lien against property of parents for payment of court-appointed attorney--Exceptions--Limitation.
- § 26-7A-32.1. Definition of terms regarding competency of juvenile.
- § 26-7A-32.2. Incompetent juvenile not subject to chapters 26-8B or 26-8C.
- § 26-7A-32.3. Raising issue of competency.
- § 26-7A-32.4. Competency examination.
- § 26-7A-32.5. Suspension of proceeding pending competency determination.
- § 26-7A-32.6. Examiner's report.
- § 26-7A-32.7. Competency determination hearing.
- § 26-7A-32.8. Burden of proving competence.
- § 26-7A-32.9. Statements by juvenile during competency evaluation not admissible.
- § 26-7A-32.10. Competency may be revisited upon transfer to adult court.
- § 26-7A-32.11. Procedure upon finding that juvenile not competent to proceed but probably will be competent in foreseeable future.
- § 26-7A-32.12. Procedure upon finding that juvenile not competent to proceed and probably will not be competent in foreseeable future.
- § 26-7A-33. Priority in scheduling hearings and trials.
- § 26-7A-34. Conduct of hearings.
- § 26-7A-35. Record of hearings.
- § 26-7A-36. Hearings closed unless court compelled otherwise--Exceptions.
- § 26-7A-36.1. Attendance at juvenile hearings by crime victims.
- § 26-7A-37. Persons authorized to inspect or receive copies of records of court proceedings.
- § 26-7A-38. Protection of identity of witnesses--Violation creates cause of action for civil damages--Contempt.
- § 26-7A-39. Compulsory process for attendance of defense witnesses.
- § 26-7A-40. Witness fees and expenses.
- § 26-7A-41. Physical and mental health examination--Placement in suitable facility--Report.
- § 26-7A-42. Court-ordered protection, support or dental, medical or surgical treatment--Parental consent--Costs.
- § 26-7A-43. Petition alleging abused or neglected child, child in need of supervision or delinquent child--Required information--Verification.
- § 26-7A-44. Summons--Unknown parties--Contents.
- § 26-7A-45. Failure to appear before the court--Contempt.
- § 26-7A-46. Hearing on petition upon waiver of notice.
- § 26-7A-47. Service of summons.
- § 26-7A-48. Publication of summons--Affidavit or certificate of publication.
- § 26-7A-49. Warrant issued against parents, guardian, or custodian.
- § 26-7A-50. Apprehension of child on warrant--Promise of parent, guardian, or custodian to produce child at hearing.
- § 26-7A-51. Failure to produce child at hearing as contempt.
- § 26-7A-52. Bond to secure court appearance of child in need of supervision or delinquent child.
- § 26-7A-53. Appearance and answer by interested parties--Failure as default--Petition taken as admitted by default.
- § 26-7A-54. Advisory hearing before adjudicatory hearing.
- § 26-7A-55. Petition admitted to by all parties--Dispositional hearing--Petition not admitted to--Adjudicatory hearing--Interim order for temporary custody.
- § 26-7A-56. Rules of procedure and evidence apply to adjudicatory hearings--Rules for other hearings prescribed by court.
- § 26-7A-57. Discovery--"Respondent" defined--"Child" defined.
- § 26-7A-58. Inspection by respondent or child of statements made by any respondent or child.
- § 26-7A-59. Request for copy of prior order of adjudication or final decree of disposition.
- § 26-7A-60. Right to inspect, copy, or photograph books, papers, documents, photographs, tangible objects, buildings, or places.
- § 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.
- § 26-7A-62. Inspection of internal documents of state prohibited--Exceptions--Inspection of statements of state's witnesses prohibited--Exceptions.
- § 26-7A-63. Statement of state's witness or prospective witness not subject to discovery until witness has testified.
- § 26-7A-64. Examination upon request of statement by state's witness relating to subject matter of witness' testimony.
- § 26-7A-65. Excise of nonsubject matter related material from witness' statement to be produced--Appeal.
- § 26-7A-66. Witness' testimony struck from record upon state's attorney's election not to deliver statement to respondent or child.
- § 26-7A-67. "Statement" defined.
- § 26-7A-68. State's attorney may inspect, copy, or photograph documents or objects in possession of respondent or child.
- § 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.
- § 26-7A-70. State's attorney prohibited from inspection of internal documents made by respondent or child or attorneys in connection with case.
- § 26-7A-71. Notice of additional evidence.
- § 26-7A-72. Court order upon discovery motion.
- § 26-7A-73. Failure of party to comply with discovery provisions.
- § 26-7A-74. Depositions--"Respondent" defined--"Child" defined.
- § 26-7A-75. Depositions only as provided by statute or rule--Motion by party due to exceptional circumstances.
- § 26-7A-76. Notice of deposition--Right of child or respondent to be present--Waiver.
- § 26-7A-77. Manner of taking and filing deposition--Examination and cross examination.
- § 26-7A-78. Deposition enclosed, sealed, and endorsed--Transmitted to county clerk.
- § 26-7A-79. Use of depositions.
- § 26-7A-80. Objections to deposition testimony or evidence--Basis.
- § 26-7A-81. Deposition by agreement of parties not precluded.
- § 26-7A-82. Adjudicatory hearing following advisory hearing--Support of evidence.
- § 26-7A-83. Evidence considered at adjudicatory hearing--Appearance of party preparing reports and materials used as evidence.
- § 26-7A-84. Order to amend petition.
- § 26-7A-85. Child with mental illness or intellectual disability--Suspension of hearing--Examination.
- § 26-7A-86. Final order when allegations not supported by evidence--Additional findings and conclusions for abused or neglected child--Appeal.
- § 26-7A-87. Adjudication subject to intermediate appeal--Dispositional proceedings--Interim dispositional decree.
- § 26-7A-88. Examination, investigation, and reports of adjudicated child before final disposition.
- § 26-7A-89. Continuance of case--Custody of child pending disposition--Term of continuance.
- § 26-7A-90. Evidence heard at dispositional hearing--Interim decree--Final decree.
- § 26-7A-91. Notice of entry of order of adjudication or final decree--Service of publication.
- § 26-7A-92. Guardian of placed child.
- § 26-7A-93. Placement subject to availability of space.
- § 26-7A-94. Provisions for payment of custodial care costs.
- § 26-7A-95. Parents' duty to support child--Costs of custodial care payable on demand.
- § 26-7A-96. Acceptance and expenditure of additional funds for custodial care costs.
- § 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.
- § 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.
- § 26-7A-99. Order of wage assignment for support of child--Discovery of employment--Disobedience as contempt.
- § 26-7A-100. Conservatorship of estate of child.
- § 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.
- § 26-7A-102. Jurisdiction of court.
- § 26-7A-103. Court order for report by guardian or institution.
- § 26-7A-104. Review dispositional hearing to remove guardian or institution or restore child to parents.
- § 26-7A-105. Child not disqualified from public office, civil service, or military service--Not a criminal conviction.
- § 26-7A-106. Proceedings not admissible in criminal or civil action against child.
- § 26-7A-107. Order of protection--Authorized provisions--Termination, modification or extension of order.
- § 26-7A-107.1. Provisions for violation of order of protection.
- § 26-7A-107.2. Violation of order of protection as a misdemeanor.
- § 26-7A-108. Modifying or setting aside order or decree--Hearing required on probation violation or change in legal custody.
- § 26-7A-108.1. Suspension of probationary period under certain conditions.
- § 26-7A-109. Petition for modification or termination of custody decree on change of circumstances.
- § 26-7A-110. Petition for new hearing on ground of new evidence.
- § 26-7A-111. Interstate compacts not affected by provisions.
- § 26-7A-112. Rules of procedure govern appeals--Notice to attorney general.
- § 26-7A-113. Sealing records in action involving abused or neglected child--Inspection.
- § 26-7A-114. Sealing records in action involving child in need of supervision--Inspection.
- § 26-7A-115. Sealing records in action involving delinquent child--Inspection.
- § 26-7A-115.1. Victim of human trafficking or sexual exploitation--Expungement of delinquency record.
- § 26-7A-116. Distribution of copies of order sealing records--Inspection of sealed records.
- § 26-7A-117. Maximum age for which committed.
- § 26-7A-118. Parent or guardian required to appear at certain hearings.
- § 26-7A-120. Confidentiality of records.
- § 26-7A-122. Court discharge of child from Department of Corrections--Restoration to parent, guardian, or custodian or change in placement--Resisting discharge.
- § 26-7A-123. Department of Corrections to file periodic report on child in custody--Contents of report.
- § 26-7A-124. Judicial review of report--Court may issue show cause order against department.
- § 26-7A-125. Graduated sanctions and incentives program for responding to probation violations.
- § 26-7A-126. Law enforcement treatment as juvenile cited violation--Procedure--Report to state's attorney.
- § 26-7A-127. Action by state's attorney for juvenile cited violation.
- § 26-7A-128. Admission or denial of alleged juvenile cited violation--Procedure.
- § 26-7A-129. Judgment on juvenile cited violation.
- § 26-8A-1. Purpose of chapter.
- § 26-8A-2. Abused or neglected child.
- § 26-8A-3. Persons required to report child abuse or neglected child--Intentional failure--Penalty.
- § 26-8A-4. Additional persons to report death resulting from abuse or neglect--Intentional failure as misdemeanor.
- § 26-8A-5. Application of terms.
- § 26-8A-6. Report of abuse or neglect by hospital personnel--Failure as misdemeanor--Written policy required.
- § 26-8A-7. Child abuse or neglect reports by school personnel--Failure as misdemeanor--Written policy required.
- § 26-8A-8. Oral report of abuse or neglect--To whom made--Response report.
- § 26-8A-9. Investigation of oral report--Other action permitted--Appointment of attorney--Compensation.
- § 26-8A-10. Report to social services--Content.
- § 26-8A-10.1. Notice to child's parents of determination of abuse or neglect--Contents--Confidentiality.
- § 26-8A-10.2. Exception to notice requirement.