§ 26-7A-90 — Evidence heard at dispositional hearing--Interim decree--Final decree.

South Dakota § 26-7A-90

• Jurisdiction: South Dakota
• Title 26: MINORS
• Ch. 26-7: JUVENILE COURT

Text

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. Written findings of fact and conclusions of law are only required 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 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.

Legislative History

SDC 1939, § 43.0327 as added by SL 1968, ch 164, § 16; SL 1991, ch 217, § 81B; SDCL, § 26-8-22.11; SL 2021, ch 117, § 2.