South Dakota § 26-7A-85 - Child with mental illness or intellectual disability--Suspension of hearing--Examination.
Full text of South Dakota South Dakota Codified Laws § 26-7A-85 — Child with mental illness or intellectual disability--Suspension of hearing--Examination., with citation guidance and answers to common questions.
§ 26-7A-85. Child with mental illness or intellectual disability--Suspension of hearing--Examination.
If it appears from the evidence presented at the adjudicatory hearing that the child may be mentally ill or have an intellectual disability, as the terms are defined in Title 27A or Title 27B, the court may suspend the adjudicatory hearing and may:
(1) Order that the child be examined by a qualified mental health professional. The court may place the child in a hospital or other suitable facility for the purposes of the examination; or
(2) Recommend to the state that the proceedings be conducted as provided in applicable chapters of Title 27A or Title 27B.
Even if the court exercises some of the authority in this section, the court may proceed with the adjudicatory hearing and dispositional hearing.
Source: SDC 1939, § 43.0327 as added by SL 1968, ch 164, § 16; SL 1991, ch 217, § 75B; SDCL § 26-8-22.8; SL 2013, ch 125, § 5.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 26-7A-85
What does South Dakota Codified Laws § 26-7A-85 cover?
Section 26-7A-85 ("Child with mental illness or intellectual disability--Suspension of hearing--Examination.") 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-85?
A common citation format is "South Dakota Codified Laws § 26-7A-85" (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-85 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.