Chapter 83

(House Bill 1110)

An Act to revise a provision related to the appointment of a guardian ad litem or a special advocate to represent an abused or neglected child.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 26-8A-20 be AMENDED:

26-8A-20. If a child is an apparent or alleged abused or neglected child, the court may appoint a special advocate to represent the best interests of the child and to assist the child's attorney. If a child has been adjudicated an abused or neglected child and is removed from the child's home with the child's parents, guardian, or custodian, the court shall appoint a guardian ad litem or a special advocate special advocate if available, and may appoint a guardian ad litem when determined necessary by the court, to represent the best interests of the child and to assist the child's attorney. The guardian ad litem or special advocate is an officer of the court for the purpose of representing the child's best interests. The guardian ad litem or special advocate shall receive all reports concerning the child and may cause the case to be reviewed by the court pursuant to § 26-8A-24.

Signed March 9, 2022

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.