CHAPTER 142
(SB 54)
Abused or neglected child, expedited hearing procedure clarified.
ENTITLED, An Act to
clarify the procedure to be followed for expedited abused or neglected
child proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
26-8A-21.2
be amended to read as follows:
26-8A-21.2.
If the court has determined that reasonable efforts to return an adjudicated abused
or neglected child to the home of the parent, guardian, or custodian are not appropriate, a
permanency hearing shall be held within thirty days after the determination. At the permanency
hearing, the court shall determine whether and
, if applicable,
when:
(1)
The child should be placed for adoption
, and
. If the court determines that the child
should be placed for adoption,
the state
should file a petition for
shall notify the parties
of its intent to seek the
termination of parental rights
if such notice has not already been
provided
;
(2)
The child should be referred for legal guardianship;
(3)
The child should be placed permanently with a fit and willing relative; or
(4)
A compelling reason is documented with the court that none of the permanent plans
listed in this section would be in the best interest of the child, and the child should be
placed in another planned permanent living arrangement.
The court may immediately proceed with a final dispositional hearing if proper notice of the
hearing has been given.
Signed February 2, 2005