AN ACT
ENTITLED, An Act to
revise certain provisions regarding the placement or return of abused or
neglected children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-11-22 be amended to read as follows:
1-11-22. During any stage of a proceeding under chapter 26-8A, the court may condition the placement or return of an apparent, alleged, or adjudicated abused or neglected child on participation in the 24/7 sobriety program and payment of associated costs and expenses.
Section 2. That chapter 26-8A be amended by adding thereto a NEW SECTION to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-11-22 be amended to read as follows:
1-11-22. During any stage of a proceeding under chapter 26-8A, the court may condition the placement or return of an apparent, alleged, or adjudicated abused or neglected child on participation in the 24/7 sobriety program and payment of associated costs and expenses.
Section 2. That chapter 26-8A be amended by adding thereto a NEW SECTION to read as follows:
If the court finds the apparent, alleged, or adjudicated abuse or neglect of a child was related to
the use of alcohol, marijuana, or any controlled drug or substance, the placement or return of the
child may be subject to the condition, if the court so orders, that a parent, guardian, custodian, or any
other adult residing in the home submit to tests for alcohol, marijuana, or any controlled drug or
substance prior to or during the placement or return of the child. If a parent, guardian, custodian, or
any other adult, who resides in the home and has been ordered by the court to submit to testing for
alcohol, marijuana, or any controlled drug or substance, tests positive for alcohol, marijuana, or any
controlled drug or substance, or fails to submit to the test as required, the Department of Social
Services may immediately remove the child from the physical custody of the parent, guardian, or
custodian, without prior court order, subject to a review hearing, which may be telephonic, within
forty-eight hours excluding Saturdays, Sundays, and court holidays. As used in this section, any
controlled drug or substance means a controlled drug or substance which was not lawfully prescribed
by a practitioner as authorized by chapters 22-42 and 34-20B.
An Act to revise certain provisions regarding the placement or return of abused or neglected children.
An Act to revise certain provisions regarding the placement or return of abused or neglected children.
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I certify that the attached Act originated in the
HOUSE as
Bill
No.
1201
____________________________ Chief Clerk ____________________________ Speaker of the House
Attest:
____________________________ Chief Clerk
____________________________
Attest:
____________________________ Secretary of the Senate
House
Bill
No.
1201
File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________ for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________ Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
