South Dakota § 25-4B-102 - Definitions.

§ 25-4B-102. Definitions.

Terms used in this chapter mean:

(1)    "Adult," an individual who has attained eighteen years of age or an emancipated minor;

(2)    "Caretaking authority," the right to live with and care for a child on a day-to-day basis. The term includes physical custody, parenting time, right to access, and visitation;

(3)    "Child,":

(a)    An unemancipated individual who has not attained eighteen years of age; or

(b)    An adult son or daughter by birth or adoption, or under law of this state other than this chapter, who is the subject of a court order concerning custodial responsibility;

(4)    "Court," a tribunal, including an administrative agency, authorized under law of this state other than this chapter to make, enforce, or modify a decision regarding custodial responsibility;

(5)    "Custodial responsibility," includes all powers and duties relating to caretaking authority and decision-making authority for a child. The term includes physical custody, legal custody, parenting time, right to access, visitation, and authority to grant limited contact with a child;

(6)    "Decision-making authority," the power to make important decisions regarding a child, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel. The term does not include the power to make decisions that necessarily accompany a grant of caretaking authority;

(7)    "Deploying parent," a servicemember, who is deployed or has been notified of impending deployment and is:

(a)    A parent of a child under law of this state other than this chapter; or

(b)    An individual who has custodial responsibility for a child under law of this state other than this chapter;

(8)    "Deployment," the movement or mobilization of a servicemember for more than ninety days but less than eighteen months pursuant to uniformed service orders that:

(a)    Are designated as unaccompanied;

(b)    Do not authorize dependent travel; or

(c)    Otherwise do not permit the movement of family members to the location to which the servicemember is deployed;

(9)    "Family member," a sibling, aunt, uncle, cousin, stepparent, or grandparent of a child or an individual recognized to be in a familial relationship with a child under law of this state other than this chapter;

(10)    "Limited contact," the authority of a nonparent to visit a child for a limited time. The term includes authority to take the child to a place other than the residence of the child;

(11)    "Nonparent," an individual other than a deploying parent or other parent;

(12)    "Other parent," an individual who, in common with a deploying parent, is:

(a)    A parent of a child under law of this state other than this chapter; or

(b)    An individual who has custodial responsibility for a child under law of this state other than this chapter;

(13)    "Record," information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

(14)    "Return from deployment," the conclusion of a servicemember's deployment as specified in uniformed service orders;

(15)    "Servicemember," a member of a uniformed service;

(16)    "Sign," with present intent to authenticate or adopt a record:

(a)    To execute or adopt a tangible symbol; or

(b)    To attach to or logically associate with the record an electronic symbol, sound, or process;

(17)    "State," a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States;

(18)    "Uniformed service,":

(a)    Active and reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States;

(b)    The United States Merchant Marine;

(c)    The commissioned corps of the United States Public Health Service;

(d)    The commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or

(e)    The National Guard of a state.

Source: SL 2014, ch 123, § 2.