AN ACT
ENTITLED, An Act to
revise certain provisions concerning the circumstances under which children
may be held in temporary custody.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 26-7A-14 be amended to read as follows:
26-7A-14. An apparent abused or neglected child taken into temporary custody and not released to the child's parents, guardian, or custodian may be placed in the temporary care of the Department of Social Services, foster care, or a shelter as designated by the court to be the least restrictive alternative for the child. A child apparently in need of supervision or an apparent delinquent child taken into temporary custody and not released to the child's parents, guardian, or custodian may be placed in foster care, shelter, or detention as designated by the court to be the least restrictive alternative for the child. The temporary caretaker of the child shall promptly notify the state's attorney of the child's placement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 26-7A-14 be amended to read as follows:
26-7A-14. An apparent abused or neglected child taken into temporary custody and not released to the child's parents, guardian, or custodian may be placed in the temporary care of the Department of Social Services, foster care, or a shelter as designated by the court to be the least restrictive alternative for the child. A child apparently in need of supervision or an apparent delinquent child taken into temporary custody and not released to the child's parents, guardian, or custodian may be placed in foster care, shelter, or detention as designated by the court to be the least restrictive alternative for the child. The temporary caretaker of the child shall promptly notify the state's attorney of the child's placement.
No child may be held in temporary custody longer than forty-eight hours, or twenty-four hours
pursuant to § 26-8B-3, excluding Saturdays, Sundays, and court holidays, unless a temporary custody
petition for an apparent abuse or neglect case or other petition has been filed, the child is within the
jurisdiction of the court and the court orders longer custody during a noticed hearing or a telephonic
hearing.
The court may at any time order the release of a child from temporary custody without holding
a hearing, either with or without restriction or condition or upon written promise of the child's
parents, guardian, or custodian regarding the care and protection of an apparent abused or neglected
child or regarding custody and appearance in court of an apparent child in need of supervision or an
apparent delinquent child at a time, date, and place to be determined by the court.
Provisions of this chapter on temporary custody do not abrogate or limit the authority of the court
An Act to revise certain provisions concerning the circumstances under which children may be held in temporary custody.
to order temporary custody of any child during any noticed hearing after an action has been commenced.
An Act to revise certain provisions concerning the circumstances under which children may be held in temporary custody.
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I certify that the attached Act originated in the
HOUSE as
Bill
No.
1132
____________________________ Chief Clerk ____________________________ Speaker of the House
Attest:
____________________________ Chief Clerk
____________________________
Attest:
____________________________ Secretary of the Senate
House
Bill
No.
1132
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 _________________________ |
