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South Dakota statute

SDCL § 26-7A-85 — Child with mental illness or intellectual disability--Suspension of hearing--Examination

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 7A: Juvenile Court, South Dakota Codified Laws.

Full text of SDCL § 26-7A-85

Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.

SDCL § 26-7A-85Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
If it appears from the evidence presented at the adjudicatory hearing that the child may be mentally ill or have an intellectual disability, as the terms are defined in Title 27A or Title 27B, the court may suspend the adjudicatory hearing and may: (1) Order that the child be examined by a qualified mental health professional. The court may place the child in a hospital or other suitable facility for the purposes of the examination; or (2) Recommend to the state that the proceedings be conducted as provided in applicable chapters of Title 27A or Title 27B. Even if the court exercises some of the authority in this section, the court may proceed with the adjudicatory hearing and dispositional hearing.

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Legal terms used in this section

This reference is informational and is not legal advice.