1068A 96th Legislative Session 300
AMENDMENT 1068A FOR THE INTRODUCED BILL
Introduced by: The Committee on Judiciary at the request of the Chief Justice
An Act to revise the requirement for written findings of fact and conclusions in certain judicial proceedings involving a child.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 26-7A-87 be AMENDED.
26-7A-87. Adjudication subject to intermediate appeal--Dispositional proceedings--Interim dispositional decree.
If the court finds the
allegations of the petition are supported by clear and convincing
evidence in cases concerning an alleged abused or neglected child or
are supported by evidence beyond a reasonable doubt in cases
concerning an alleged child in need of supervision or an alleged
delinquent child, the court shall adjudicate the child accordingly
and shall issue findings of fact, conclusions of law and an order of
adjudication stating the child to be an abused or neglected child as
defined in chapter 26-8A,
a child in need of supervision as defined in chapter 26-8B,
or a delinquent child as defined in chapter 26-8C.
The
Written findings of fact and conclusions of law are not
only required to
be in writing except in cases concerning an alleged child in need of
supervision or an alleged delinquent child when either a contested
evidentiary hearing occurs or the order of adjudication
in delinquency or child in need of supervision adjudicatory
proceedings if there is a contested evidentiary hearing or if the
disposition is a commitment to the Department of Corrections. The
order of adjudication is an intermediate order and is subject to
intermediate appeal with the permission of the court according to the
rules of procedure governing civil appeals.
The court shall proceed with the dispositional phase of the proceedings and shall issue an order setting the time, date, and place of the initial dispositional hearing and prescribing notice of the hearing. However, the court may proceed immediately with the initial dispositional hearing with the consent of the state, the child and the child's parents, guardian, or custodian or other parties who are respondents in the action.
On completion of the adjudicatory hearing resulting in adjudication of the child, the court may issue an interim dispositional decree governing custody, placement, care, shelter, or detention of the child as determined by the court pending the initial dispositional hearing and any continuance of it.
Section 2. That § 26-7A-90 be AMENDED.
26-7A-90. Evidence heard at dispositional hearing--Interim decree--Final decree.
After adjudication, the court shall conduct dispositional hearings and consider evidence regarding proper disposition of the child best serving the interests of the child with due regard to the rights and interests of the child's parents, guardian, custodian, other parties respondent, the public, and the state. Dispositional evidence may include social study reports, mental and medical examination and evaluation reports, homestudy investigation reports, and any other evidence related to appropriate disposition of the child.
Following the dispositional hearing, the court shall issue an interim decree of disposition. During the dispositional phase, the court shall balance the rights and interests of the child and the respective parties, including the public and the state.
On completion of the final
dispositional hearing,
the court shall issue findings of fact, conclusions of law, and a
final decree of disposition. The
Written findings of fact and conclusions of law are not
only required to
be in writing except in cases concerning an alleged child in need of
supervision or an alleged delinquent child when either a contested
evidentiary hearing occurs or the final decree of
in delinquency or child in need of supervision dispositional
proceedings if there is a contested evidentiary hearing or if the
disposition is a commitment to the Department of Corrections. The
decree
shall be
is the final
order of the court for the purpose of an appeal by any party
according to the rules of procedure governing civil appeals.
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
Overstrikes
indicate deleted language.