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HB 1086 to revise certain provisions regarding...

State of South Dakota  
SEVENTY-THIRD SESSION
LEGISLATIVE ASSEMBLY,  1998
 

283B0162  
HOUSE BILL   NO.     1086  

        Introduced by: Representatives Madden, Barker, Lucas, Matthews, Napoli, and Peterson (Bill) and Senators Aker, Daugaard, Dunn (Rebecca), and Whiting  

         FOR 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:
             (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 others from the child; or
             (b)      The child has run away or escaped from the child's parents, guardian, or custodian.