SDLRC - 2020 House Bill 1149 - SD Legislature establish qualifications for child custody evaluators.
An Act to establish qualifications for child custody
by the Legislature of the State of South Dakota:
That § 25-4A-23 be AMENDED:
Home study or custody evaluation--Mediation.
Prior to ruling on a joint physical custody petition the court may
require the parties to participate in a home study
Prior to ruling on a joint physical custody petition, the court
may require the parties to participate in a custody evaluation
(1) (a) A board certified psychiatrist;
(b) A psychologist licensed in accordance with chapter 36-27A;
(c) A marriage and family therapist licensed in accordance with
chapter 36-33; or
(d) A certified social worker licensed in accordance with chapter
(2) In the absence of a person who meets the qualifications
set forth in subdivision (1) of this section:
(a) A person who by education, training, and experience, meets
nationally recognized competencies and standards of practice in child
custody evaluation, as determined by the court; or
(b) A person stipulated to by both parties and approved by the
Prior to the court ruling on a joint physical custody petition,
either parent may request mediation pursuant to § 25-4-56.
In any case where If the court orders the
parties to participate in a home study, a custody evaluation,
or custody mediation, the court shall allocate the costs of
the same between the parties.
Catchlines are not law.
(§ 2-16-13.1) Underscores
indicate new language.
indicate deleted language.