South Dakota
| Code | Subject Matter |
| Code § 26-7A-37 | Juvenile Court: Records open to inspection by parents, guardian, custodian or other respondent parties |
| Code § 26-7A-27 | Juvenile Court: Records to be separately maintained from arrest and adult detention records -- Confidentiality |
| Code § 26-7A-28 | Juvenile Court: Release of information to federal bureau of investigation or other agency |
| Code § 26-7A-29 | Juvenile Court: Authorized released of information to persons or agencies having a legitimate interest in the child |
| Code § 26-7A-60 | Juvenile Court: Duty to permit respondent or child to inspect and copy or photograph books, papers, documents, photographs, etc. |
| Code § 26-7A-61 | Juvenile Court: Duty to permit respondent or child to inspect and copy results reports of physical or mental examinations |
| Code § 26-7A-62 | Juvenile Court: Discovery not authorized |
| Code § 26-7A-113 | Juvenile Court: Sealing of records and files in actions involving an abused and neglected child |
| Code § 26-7A-114 | Juvenile Court: Sealing of records and files in actions involving a child in need of supervision |
| Code § 26-7A-115 | Juvenile Court: Sealing of records and files in actions involving a delinquent child |
| Code § 26-7A-116 | Juvenile Court: Disposition of sealed records -- Subsequent inspection of records on petition of child, state's attorney, or court services officers |
| Code § 26-7A-120 | Juvenile Court: Confidentiality of records |
| Code § 26-16-1 | Formation of county interdisciplinary child information teams -- Written agreement |
| Code § 26-16-2 | County interdisciplinary child information teams -- Additional team members allowed |
| Code § 26-16-3 | County interdisciplinary child information teams -- Auxiliary teams |
| Code § 26-16-4 | County interdisciplinary child information teams -- Purpose -- Exchange and sharing of information |
| Code § 26-16-5 | County interdisciplinary child information teams -- Terms of written agreement |
| Code § 26-16-6 | County interdisciplinary child information teams -- Release of education records to team -- Certification not to disclose contents of records |
| Code § 26-16-7 | County interdisciplinary child information teams -- Team member immunity from civil liability |
| Code § 13-32-9 | Measures upon controlled substance violation -- Suspensions from extracurricular activities |
| Code § 26-11-5.1 | Notice to school -- Alcohol, drug, firearm, or bomb threat offenses |
TITLE 26. MINORS
CHAPTER 26-7A. JUVENILE COURT
S.D. Codified Laws § 26-7A-37 (2009)
§ 26-7A-37. Records open to inspection by parents, guardian, custodian or other respondent parties
Records of court proceedings, including reports of the department
of social services, records and reports of court services officers, clinical
studies and evaluation reports, under this chapter and chapters 26-8A, 26-8B
and 26-8C shall be open to inspection by the child's parents, guardian or
custodian and by other respondent parties involved in the proceedings, their
attorneys, the child's attorney and by any department or agency having custody
of the child.
Pursuant to court order, records of court proceedings may be inspected
by the child, by parties having a legitimate interest in the proceedings and
by parties conducting pertinent research studies.
TITLE 26. MINORS
CHAPTER 26-7A. JUVENILE COURT
S.D. Codified Laws § 26-7A-27 (2009)
§ 26-7A-27. Records to be separately maintained from arrest and adult detention records -- Confidentiality
The records of law enforcement officers and agencies concerning all children taken into temporary custody or issued a summons or citation under this chapter or chapter 26-8A, 26-8B or 26-8C shall be maintained separately from the records of arrest and any other records regarding detention of adult persons. The records concerning children, including their names, may not be inspected by or disclosed to the public except:
(1) By order of the court;
(2) If the court orders the child to be held for criminal proceedings, as provided in chapter 26-11;
(3) If there has been a criminal conviction and a presentence investigation is being made on an application for probation; or
(4) Any child or the child's parent or guardian may authorize the release of records to representatives of the United States military for the purpose of enlistment into the military service.
§ 26-7A-28. Release of information to federal bureau of investigation or other agency
No fingerprint, photograph, name, address or other information concerning the identity of any child taken into temporary custody or issued a summons under this chapter or chapter 26-8A, 26-8B or 26-8C may be released or transmitted to the federal bureau of investigation or any other person or agency except in the following instances:
(1) To the person or party specifically authorized by order of the court; and
(2) To courts, law enforcement agencies, prosecuting attorneys,
court services officers and the department of social services if the child
is an adjudicated delinquent offender.
Information regarding an alleged, apparent or adjudicated abused
or neglected child may be released only in accordance with § 26-8A-13.
§ 26-7A-29. Authorized released of information to persons or agencies havin a legitimate interest in the child
Notwithstanding §§ 26-7A-27 and 26-7A-28, information concerning children may be released, pursuant to an order of the court, to persons or agencies who have a legitimate interest in the child, to the child's parents, guardian or custodian, or to the child's attorney. The department of social services may release information pursuant to provisions of § 26-8A-13 regarding apparent, alleged or adjudicated abused or neglected children. Any correctional or detention facility may release information concerning any child to any other correctional or detention facility that has a legitimate interest in the child.
TITLE 26. MINORS
CHAPTER 26-7A. JUVENILE COURT
S.D. Codified Laws § 26-7A-60 (2009)
§ 26-7A-60. Duty to permit respondent or child to inspect and copy or photograph books, papers, documents, photographs, tangible obje etc.
On the written request of a respondent or a child, the state's attorney shall permit the respondent or child to inspect and copy or photograph books, papers, documents, photographs, tangible objects, buildings or places, or copies or portions of them which are in the possession, custody or control of the state's attorney and which are material to the preparation of the respondent's or child's case, which are intended for use by the state's attorney as evidence in chief at the hearing, or which were obtained from or belong to the respondent or child.
§ 26-7A-61. Duty to permit respondent or child to inspect and copy results reports of physical or mental examinations and of scientific te experiments
On the written request of a respondent or a child, the state's attorney shall permit the respondent or child to inspect and copy or photograph any results or reports of physical or mental examinations and of scientific tests or experiments, or copies of them, which are in the possession, custody or control of the state's attorney, the existence of which is known or by the exercise of due diligence may become known to the state's attorney, and which are material to the preparation of the case of the respondent or child or are intended for use by a state's attorney as evidence in chief at the hearing.
§ 26-7A-62. Discovery not authorized
Except as provided in §§ 26-7A-58, 26-7A-59 and 26-7A-61 the discovery or inspection of reports, memoranda or other internal documents made by the state's attorney or other employees of the state or any department or agency of the state in connection with the investigation or litigation of the case is not authorized. The discovery or inspection of statements made by witnesses or prospective witnesses of the state or any department or agency of the state is not authorized except as provided in §§ 26-7A-64 to 26-7A-66, inclusive.
TITLE 26. MINORS
CHAPTER 26-7A. JUVENILE COURT
S.D. Codified Laws § 26-7A-113 (2009)
§ 26-7A-113. Sealing of records and files in actions involving an abused and neglected child
In any action involving an abused or neglected child, the records and files of the court may be sealed by court order issued on the court's own motion or on the petition of any party to the action after the termination or completion of the action in all respects and after the expiration of the time for all appeals. If parental rights were terminated, the records and files of the court may not be sealed until adoption proceedings concerning the child have been completed or the court specifically orders the records and files sealed on the court's finding, based on information received by the court from the department of social services, that adoption of the child is improbable. After the court records and files relating to the action concerning the abused or neglected child are sealed, inspection of the records and files may thereafter be permitted by the court only on petition by the guardian, guardian ad litem or attorney for the child who is the subject of the action, by respondent parents whose parental rights have not been terminated or by the department of social services. Before allowing inspection of sealed records and files, the court shall find that the inspection is in keeping with the best interests of the child.
§ 26-7A-114. Sealing of records and files in actions involving a child in need of supervision
In any action involving a child in need of supervision, the records and files of the court may be sealed by court order issued on the court's own motion or on the petition of any party to the action after the termination or completion of the action in all respects, after the expiration of the time for all appeals and after the unconditional release of the child from the court's jurisdiction. After the records and files are sealed, inspection of them may thereafter be permitted by the court only on petition by the state's attorney, guardian, guardian ad litem or attorney for the child who is the subject of the action or by the respondent parents or a court services officer. Before allowing inspection of sealed records and files, the court shall find that the inspection is in keeping with the best interests of the child.
§ 26-7A-115. Sealing of records and files in actions involving a delinquent child
In any action involving a delinquent child, the records and files of the court may be sealed by a court order issued on the court's own motion or on the petition of the child or the child's parents. However, no such petition may be filed and considered by the court until after one year from the date of the child's unconditional release from the court's jurisdiction or the discharge of the child by the department of corrections, whichever date is later. Upon the filing of the petition, the court shall set a date for hearing and shall notify the state's attorney and any other party who the court believes may have relevant information about the delinquent child. The court may order sealed all of the court's records and files and the records and files in the custody or under the control of any other agency or official if at the hearing on the petition to seal the court finds:
(1) The delinquent child has not been adjudicated as a delinquent under this chapter or chapter 26-8C since the termination of the court's jurisdiction of the child or the discharge of the child by the department of corrections;
(2) No proceeding involving the delinquent child concerning a felony, a sexual contact offense, a misdemeanor involving moral turpitude or a petition under this chapter or chapter 26-8C is pending or is being instituted against the child; and
(3) The rehabilitation of the delinquent child has been attained to the satisfaction of the court.
§ 26-7A-116. Disposition of sealed records -- Subsequent inspection of records on petition of child, state's attorney, or court services officers
If the court orders the sealing of the records and files pursuant to § 26-7A-113, 26-7A-114, or 26-7A-115, copies of the sealing order shall be sent to each agency or official named in the order. Subsequent inspection of the sealed records may thereafter be permitted by the court only on petition by the child who is the subject of the record, the state's attorney, or court services officers. The court may permit inspection of the sealed records and files for use by the court in other actions or proceedings under this chapter or chapter 26-8C and for subsequent criminal proceedings for sentencing purposes. Nothing in this chapter prohibits the custodian of records or files from inspecting or accessing the custodian's records or files as may be necessary for the discharge of the custodian's official duties in the absence of an order from the court.
§ 26-7A-120. Confidentiality of records
Records prepared or maintained by court services officers are confidential. However, such records may be inspected by, or disclosed to, justices, judges, magistrates, and employees of the unified judicial system in the course of their duties and to persons specifically authorized by order of the court.
TITLE 26. MINORS
CHAPTER 26-16. COUNTY INTERDISCIPLINARY CHILD INFORMATION TEAMS
S.D. Codified Laws § 26-16-1 (2009)
§ 26-16-1. Formation of county interdisciplinary child information teams -- Written agreement
The following persons and agencies operating within a county may, by written agreement, form a county interdisciplinary child information team:
(1) The state's attorney;
(2) The county sheriff;
(3) The chief of police of any municipality;
(4) The superintendent or the chief executive officer of any school district;
(5) The Department of Social Services;
(6) The Department of Corrections; and
(7) The administrator of the county teen court.
§ 26-16-2. Additional team members allowed
The persons and agencies signing a written agreement to form a county interdisciplinary child information team may, from time to time, by majority vote, allow the following persons to sign the written agreement and join the team:
(1) Any physician, psychologist, psychiatrist, nurse, or other provider of medical and mental health care;
(2) Any administrator of any private elementary and secondary school;
(3) Any attorney practicing law in the county; and
(4) Any responsible person that has a legitimate interest in one or more of the children that the team is serving.
The county interdisciplinary child information team may form one or more auxiliary teams for the purpose of providing service to a single child, a group of children, or specific children with a particular type of problem, or for any other purpose. Each auxiliary team is subject to the written agreement. Each member of an auxiliary team must be a person who has personal knowledge of or experience with some child serviced by the auxiliary team.
§ 26-16-4. Purpose -- Exchange and sharing of information
The county interdisciplinary child information team and the written agreement shall facilitate the exchange and sharing of information that one or more team members may be able to use in serving a child in the course of their professions, specialities, interests, or occupations for the purpose of holding each child accountable, ensuring the safety of the child and the community, and providing early intervention to avert more serious problems. Information regarding any child that a team member supplies to other team members is confidential and may not be disseminated beyond the team.
§ 26-16-5. Terms of written agreement
The terms of the written agreement shall provide for the rules under which the team will operate, the method by which information will be shared, distributed, and managed, the means by which the confidentiality of the information will be safeguarded, and any other matters necessary to the purpose and functions of the team. The terms of the written agreement shall also provide how the team will coordinate its efforts with child protection teams as provided in § 26-8A-17 and local interagency teams, if any, as provided in § 27A-15-54. The written agreement shall be filed with the county auditor.
§ 26-16-6. Release of education records to team -- Certification not to disclose contents of records
To the extent that the county interdisciplinary child information team is involved in a proceeding that is held prior to adjudication by a court, the team satisfies the requirements of 20 U.S.C. 1232g(b)(1)(E)(ii)(I) of the Family Educational Rights and Privacy Act of 1974. South Dakota school districts may release education records to the team. The terms of the written agreement, as provided for in § 26-16-5, shall include a requirement that the officials and authorities to whom the information is disclosed certify in writing to the school district that is releasing the education records that the education records or information from the education records will not be disclosed to any other party without the prior written consent of the parent or guardian of the student.
§ 26-16-7. Team member immunity from civil liability
Any person serving as a member of a county interdisciplinary child information team as provided in § 26-16-1 whose action in facilitating the exchange and sharing of information in serving any child in the course of their professions, specialities, interests, or occupations for the purpose of holding each child accountable, ensuring the safety of the child and the community, and providing early intervention to avert more serious problems, is immune from any civil liability, arising out of any good faith act relevant to participation on any county interdisciplinary child information team, that might otherwise be incurred or imposed.
TITLE 13. EDUCATION
CHAPTER 13-32. STUDENT SUPERVISION AND SCHOOL DISCIPLINE
S.D. Codified Laws § 13-32-9 (2009)
§ 13-32-9. Measures upon controlled substance violation -- Suspensions from extracurricular activities
Any person adjudicated, convicted, the subject of an informal
adjustment or court-approved juvenile diversion program, or the subject of
a suspended imposition of sentence for possession, use, or distribution of
controlled drugs or substances or marijuana as defined in chapter 22-42,
or for ingesting, inhaling, or otherwise taking into the body any substances
as prohibited by § 22-42-15, is ineligible to participate in any extracurricular
activity at any secondary school accredited by the Department of Education
for one calendar year from the date of adjudication, conviction, diversion,
or suspended imposition of sentence. The one-year suspension may be reduced
to sixty school days if the person participates in an assessment with a certified
chemical dependency counselor or completes an accredited intensive prevention
or treatment program. If the assessment indicates the need for a higher level
of care, the student is required to complete the prescribed program before
becoming eligible to participate in extracurricular activities. Upon a subsequent
adjudication, conviction, diversion, or suspended imposition of sentence
for possession, use, or distribution of controlled drugs or substances or
marijuana as defined in chapter 22-42, or for ingesting, inhaling, or otherwise
taking into the body any substances as prohibited by § 22-42-15, by
a court of competent jurisdiction, that person is ineligible to participate
in any extracurricular activity at any secondary school accredited by the
Department of Education. Upon such a determination in any juvenile court
proceeding the Unified Judicial System shall give notice of that determination
to the South Dakota High School Activities Association and the chief administrator
of the school in which the person is participating in any extracurricular
activity.
Upon placement of the person in an informal adjustment or court-approved
juvenile diversion program, the state's attorney who placed the person in that
program shall give notice of that placement to the South Dakota High School
Activities Association and chief administrator of the school in which the person
is participating in any extracurricular activity.
As used in this section, the term, extracurricular activity, means
any activity sanctioned by the South Dakota High School Activities Association.
TITLE 26. MINORS
CHAPTER 26-11. PROCEEDINGS AGAINST MINORS
S.D. Codified Laws § 26-11-5.1 (2009)
§ 26-11-5.1. Notice to school -- Alcohol, drug, firearm, or bomb threat offenses
Notwithstanding any other provision of law, a law enforcement agency may provide notice of an incident within its jurisdiction to public or nonpublic school officials and to the parent or guardian of a school student if the incident is one in which the agency has probable cause to believe the school student has violated any provision of state law involving alcohol, illegal drugs, firearms, or bomb threats, or has made any threat of violence relating to any school or its students, employees, or property. However, if there is a prolonged criminal investigation and revealing information would jeopardize a successful conclusion to the case, the law enforcement agency may provide the notice at some later appropriate time. The notice shall be in writing.