South Dakota § 26-8A-21.2 - Permanency hearing required if child is not to be returned to parents--Court to determine placement--Final dispositional hearing.

§ 26-8A-21.2. Permanency hearing required if child is not to be returned to parents--Court to determine placement--Final dispositional hearing.

If the court has determined that reasonable efforts to return an adjudicated abused or neglected child to the home of the parent, guardian, or custodian are not appropriate, a permanency hearing shall be held within thirty days after the determination. At the permanency hearing, the court shall determine if:

(1)    The child should be placed for adoption. If the court determines that the child should be placed for adoption, the state shall notify the parties of its intent to seek the termination of parental rights if notice has not already been provided;

(2)    The child should be referred for legal guardianship;

(3)    The child should be placed permanently with a fit and willing relative; or

(4)    Only in the case of a child who is sixteen years of age or older, a compelling reason is documented with the court that none of the permanent plans listed in this section would be in the best interest of the child, and the child should be placed in another planned permanent living arrangement. At each permanency hearing for a child placed in another planned permanent living arrangement, the court shall ask the child about the desired permanency outcome for the child and make a judicial determination stating the reasons that another planned permanent living arrangement is the best permanency plan for the child.

The court may immediately proceed with a final dispositional hearing if proper notice of the hearing has been given.

Source: SL 1999, ch 137, § 1; SL 2005, ch 142, § 1; SL 2016, ch 145, § 1.