22.155.12 97th Legislative Session 277
Introduced by: Senators Wheeler, Breitling, Duhamel, Heinert, Rohl, V. J. Smith, and Stalzer and Representatives Finck, Bartels, Bordeaux, Chaffee, Derby, Deutsch, Duba, Fitzgerald, Goodwin, Milstead, Perry, Rehfeldt, Wiese, and Willadsen at the request of the Marijuana Interim Study Committee
An Act to revise provisions related to custody and visitation rights by medical cannabis cardholders.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 34-20G-21 be AMENDED:
34-20G-21.
No person may be
denied custody of,
or
visitation
rights
with, or
parenting time with a minor solely for
because
the
person's status as
person is a
cardholder,
and there.
There is no
presumption of neglect or child endangerment for conduct allowed
under this chapter, unless the person's behavior creates an
unreasonable danger to the safety of the minor
as established by clear and convincing evidence.
Nothing in this chapter supersedes or otherwise affects custody
decisions, visitation rights, or parenting time based upon the best
interests of the child.
Underscores indicate new language.
Overstrikes
indicate deleted language.
