Chapter 250

SCR 20-04

SUPREME COURT RULES AND ORDERS

IN THE SUPREME COURT

OF THE

STATE OF SOUTH DAKOTA

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A hearing was held on August 25, 2020, at Pierre, South Dakota, relating to the adoption of a new rule relating to the creation of a commission on parenting time guidelines to be designated at SDCL Ch. 25–4A and the Court having considered the proposed adoption and being fully advised in the premises, now, therefore, it is

ORDERED that the proposed adoption of a new Supreme Court rule relating to the creation of a commission on parenting time guidelines be adopted in its entirety as follows:

The Creation of a Commission on Parenting Time Guidelines.

Section 1. That a new rule be added to SDCL ch. 25-4A as follows:

The Supreme Court shall, commencing in the year 2021, establish quadrennially a Commission on Parenting Time Guidelines. The commission shall review the standard parenting guidelines outlined in § 25-4A-10 and shall report its findings and recommendations to the Supreme Court, Governor and the Legislature no later than October 1 of the year in which it is appointed.

Section 2. That a new rule be added to SDCL ch. 25-4A as follows:

The commission shall be composed of seven members.

1. The Supreme Court shall appoint the following positions:

   1. A member of the South Dakota Judiciary;

   2. A member in good standing of the South Dakota State Bar;

   3. A professional in the field of childhood development.

   4. The Governor shall appoint the following two positions:

   5. Noncustodial parent;

   6. Custodial parent.

2. The Speaker of the House of Representatives shall appoint the following position:

   1. State Representative.

3. The President Pro Tempore of the Senate shall appoint the following position:

   1. State Senator.

Section 3. That a new rule be added to SDCL ch. 25-4A as follows:

The Commission shall hold at least three public hearings on three separate occasions prior to the submission of the report. In addition to public testimony, the Commission may receive and review other information deemed necessary in preparation of its report and recommendations.

IT IS FURTHER ORDERED that this rule become effective immediately.

DATED at Pierre, South Dakota, this 26th day of August, 2020.

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