AN ACT
ENTITLED, An Act
to revise certain provisions regarding court-ordered temporary custody of a
child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 26-7A-13 be amended to read as follows:
26-7A-13. The court may order temporary custody of any child within the jurisdiction of the court during any noticed hearing. Without noticed hearing, the court or an intake officer may immediately issue a written temporary custody directive in the following instances on receipt of an affidavit or, in the absence of a written affidavit when circumstances make it reasonable, on receipt of sworn oral testimony communicated by telephone or other appropriate means:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 26-7A-13 be amended to read as follows:
26-7A-13. The court may order temporary custody of any child within the jurisdiction of the court during any noticed hearing. Without noticed hearing, the court or an intake officer may immediately issue a written temporary custody directive in the following instances on receipt of an affidavit or, in the absence of a written affidavit when circumstances make it reasonable, on receipt of sworn oral testimony communicated by telephone or other appropriate means:
(1)
On application by a state's attorney, social worker of Department of Social Services, or
law enforcement officer respecting an apparent, alleged, or adjudicated abused or
neglected child stating good cause to believe as follows:
(a)
The child is abandoned or is seriously endangered by the child's environment; or
(b)
There exists an imminent danger to the child's life or safety and immediate removal
of the child from the child's parents, guardian, or custodian appears to be necessary
for the protection of the child;
(2)
On application by a state's attorney, court services officer, or law enforcement officer
respecting an apparent, alleged, or adjudicated child in need of supervision or delinquent
child stating good cause pursuant to
§
26-8B-3 or 26-8C-3, as applicable, to believe as
follows:
(a)
The child seriously endangers others or there is need for protection of the child; or
(b)
The child has run away or escaped from the child's parents, guardian, or custodian.
An Act to revise certain provisions regarding court-ordered temporary custody of a child.
An Act to revise certain provisions regarding court-ordered temporary custody of a child.
|
I certify that the attached Act originated in the
HOUSE as
Bill
No.
1086
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____________________________
Chief Clerk
Chief Clerk
____________________________
Speaker of the House
Speaker of the House
Attest:
____________________________
Chief Clerk
Chief Clerk
____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
Secretary of the Senate
House
Bill
No.
1086
File No. ____
Chapter No. ______=========================
Received at this Executive Office this ____ day of _____________ ,
File No. ____
Chapter No. ______
Received at this Executive Office this ____ day of _____________ ,
19___ at _____ M.
By _________________________
for the Governor
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 19___
____________________________
Governor
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 19___
at _________ o'clock __ M.
____________________________
Secretary of State
Secretary of State
By _________________________
Asst. Secretary of State
