AN ACT
ENTITLED, An Act
to require training in parenting skills for certain persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 26-8A-21 be amended to read as follows:
26-8A-21. The Department of Social Services shall make reasonable efforts prior to the removal of an alleged or adjudicated abused or neglected child from the home of the child's parents, guardian, or custodian to prevent or eliminate the need for removal of the child. If the child has been removed from the home and has been placed in temporary custody of the Department of Social Services, the department shall make reasonable efforts to make it possible for the child to return to the home of the child's parents, guardian, or custodian. If the child is to be or has been removed from the home, the court shall first make a judicial determination that removal of the child from the home is or was necessary because continued presence of the child in the home would be contrary to the welfare of the child and that reasonable efforts by the Department of Social Services to avoid removal of the child from the home have been made. If the child has been removed from the home and has not been returned to the home, the court shall first make a judicial determination that reasonable efforts have been made by the Department of Social Services to return the child to the home and that the child cannot be returned to the home because it would be contrary to the welfare of the child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 26-8A-21 be amended to read as follows:
26-8A-21. The Department of Social Services shall make reasonable efforts prior to the removal of an alleged or adjudicated abused or neglected child from the home of the child's parents, guardian, or custodian to prevent or eliminate the need for removal of the child. If the child has been removed from the home and has been placed in temporary custody of the Department of Social Services, the department shall make reasonable efforts to make it possible for the child to return to the home of the child's parents, guardian, or custodian. If the child is to be or has been removed from the home, the court shall first make a judicial determination that removal of the child from the home is or was necessary because continued presence of the child in the home would be contrary to the welfare of the child and that reasonable efforts by the Department of Social Services to avoid removal of the child from the home have been made. If the child has been removed from the home and has not been returned to the home, the court shall first make a judicial determination that reasonable efforts have been made by the Department of Social Services to return the child to the home and that the child cannot be returned to the home because it would be contrary to the welfare of the child.
Reasonable efforts to prevent the necessity for removal of a child from the home of the child's
parents, guardian, or custodian and reasonable efforts to return the child to the home mean provision
by the Department of Social Services of any assistance or services that:
(1) Are appropriate for the child's parents, guardian, custodian, or any other caretaker family
of the child existing at the time of removal or possible return of the child, including
instruction on parenting;
(2) Are available pursuant to the comprehensive plan of preventive services of the
Department of Social Services;
(3) Could be made available without undue financial burden on the Department of Social
Services; or
(4) Would have a significant likelihood of protecting the child from substantial danger to the
child's physical health or from severe emotional damage while enabling the child to
remain in the home or to be returned to the home.
In determining the adequacy of reasonable efforts, the court shall consider the assistance,
services, and efforts of the Department of Social Services. The court shall also consider the good
faith efforts or the lack of good faith efforts made by the child's parents, guardian, custodian, or other
caretaker family to cooperate with the department and to effectively utilize the assistance or services
for the benefit and welfare of the child.
Section 2. That chapter 26-9 be amended by adding thereto a NEW SECTION to read as follows:
Section 2. That chapter 26-9 be amended by adding thereto a NEW SECTION to read as follows:
If any person convicted of contributory abuse or contributory neglect is the child's parent,
guardian, or custodian, the court shall include as part of the sentence, or conditions required as part
of the suspended execution or imposition of such sentence, that the person receive instruction on
parenting approved or provided by the Department of Social Services.
Section 3. That § 26-10-1 be amended to read as follows:
26-10-1. Any person who abuses, exposes, tortures, torments, or cruelly punishes a minor in a manner which does not constitute aggravated assault, is guilty of a Class 4 felony.
Section 3. That § 26-10-1 be amended to read as follows:
26-10-1. Any person who abuses, exposes, tortures, torments, or cruelly punishes a minor in a manner which does not constitute aggravated assault, is guilty of a Class 4 felony.
If any person convicted of this offense is the minor's parent, guardian, or custodian, the court
shall include as part of the sentence, or conditions required as part of suspended execution or
imposition of such sentence, that the person receive instruction on parenting approved or provided
by the Department of Social Services. This requirement does not apply if there is a reasonable
expectation that parental rights will be terminated.
Section 4. That § 25-10-5 be amended to read as follows:
25-10-5. Upon notice and a hearing, if the court finds by a preponderance of the evidence that domestic abuse has taken place, the court may provide relief as follows:
Section 4. That § 25-10-5 be amended to read as follows:
25-10-5. Upon notice and a hearing, if the court finds by a preponderance of the evidence that domestic abuse has taken place, the court may provide relief as follows:
(1) Restrain any party from committing acts of domestic abuse;
(2) Exclude the abusing party from the dwelling which the parties share or from the residence
of the petitioner;
(3) Award temporary custody or establish temporary visitation with regards to minor children
of the parties;
(4) Establish temporary support for minor children of the parties or a spouse;
(5) Order that either or both of the parties obtain counseling;
(6) Order other relief as the court deems necessary for the protection of a family or household
member, including orders or directives to a sheriff or constable.
Any relief granted by the order for protection shall be for a fixed period and may not exceed
three years.
If any minor child resides with either party, the court shall order that the parties receive
instruction on parenting approved or provided by the Department of Social Services as part of any
relief granted.
Section 5. That chapter 25-10 be amended by adding thereto a NEW SECTION to read as follows:
Section 5. That chapter 25-10 be amended by adding thereto a NEW SECTION to read as follows:
If any person is convicted of a crime involving domestic abuse, and that person is the parent,
guardian, or custodian of a minor child who resides with that person or the victim of the crime, the
court shall include as part of the sentence, or conditions required as part of the suspended execution
or imposition of such sentence, that the person receive instruction on parenting approved or provided
by the Department of Social Services. However, this section does not apply to any person convicted
An Act to require training in parenting skills for certain persons.
and imprisoned for any felony for such a duration that there is no expectation of release for at least four years.
An Act to require training in parenting skills for certain persons.
|
I certify that the attached Act originated in the
SENATE as
Bill
No.
227
|
____________________________
Secretary of the Senate
Secretary of the Senate
____________________________
President of the Senate
President of the Senate
Attest:
____________________________
Secretary of the Senate
Secretary of the Senate
____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
Chief Clerk
Senate
Bill
No.
227
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
