South Dakota § 26-7A-21 - Release of delinquent child after temporary custody hearing--Exceptions.
Full text of South Dakota South Dakota Codified Laws § 26-7A-21 — Release of delinquent child after temporary custody hearing--Exceptions., with citation guidance and answers to common questions.
§ 26-7A-21. Release of delinquent child after temporary custody hearing--Exceptions.
If the child is an apparent, alleged, or adjudicated delinquent child, after the temporary custody hearing the court shall release the child from temporary custody to the child's parents, guardian, or custodian, with or without restriction or condition or upon written promise of the child's parents, guardian, or custodian regarding the custody and supervision of the child and the subsequent appearance of the child in court at a time, date, and place to be determined by the court, unless the court finds that the child should continue to be held in temporary custody of court services for any of the following reasons:
(1) The child is a fugitive from another jurisdiction;
(2) The child is charged with a violation of § 22-22-7, a crime of violence under subdivision 22-1-2(9), or a property crime, which, if committed by an adult, would be a felony;
(3) The child is already held in detention or on conditional release in connection with another delinquency proceeding;
(4) The child has a demonstrable recent record of willful failures to appear at juvenile court proceedings;
(5) The child has a demonstrable recent record of violent conduct;
(6) The child has a demonstrable recent record of adjudications for serious property offenses;
(7) The child is still under the influence of alcohol, inhalants, or a controlled drug or substance;
(8) The child has failed to comply with court services or a court ordered program; or
(9) There are specific, articulated circumstances that justify detention, not to exceed five days, for the protection of the child from potentially immediate harm to the child or to others.
Source: SL 1991, ch 217, § 22C; SL 1995, ch 148, § 7; SL 1996, ch 172, § 5; SL 1997, ch 158, § 2; SL 2024, ch 98, § 2.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 26-7A-21
What does South Dakota Codified Laws § 26-7A-21 cover?
Section 26-7A-21 ("Release of delinquent child after temporary custody hearing--Exceptions.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 26-7A-21?
A common citation format is "South Dakota Codified Laws § 26-7A-21" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 26-7A-21 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.