|
S.D. Codified Laws § 26-7A-43
South
Dakota Codified Laws
Title
26. Minors
Chapter
26-7A. Juvenile Court
§ 26-7A-43. Petition alleging abused or neglected child, child in need of supervision or delinquent child--Required information--Verification
A
state's attorney may file with the clerk of courts a written petition
alleging a child, located or residing in the county, to be an abused or
neglected child, a child in need of supervision, or a delinquent child,
as defined by this chapter or chapter 26-8A, 26-8B, or 26-8C. The petition
shall include the following:
(1)
The child's name, date of birth, and residence;
(2)
The names and residences of the child's parents, guardian, or custodian,
or, if not known, of the child's nearest known relatives;
(3)
A statement of the facts that bring the child within the court's jurisdiction;
(4)
A request that the court adjudicate the child to be an abused or neglected
child,
a child in need of supervision or a delinquent child, according to applicable
statutory definitions, and that appropriate proceedings be conducted regarding
adjudication and disposition; and
(5)
A statement as to whether or not the Indian Child Welfare Act appears
to be applicable.
Two or more children having
one or more common parent, guardian, or custodian and a common home environment
may be included in the same petition.
If the petition alleges
a child to be an abused or neglected child, the petition shall recite
that the action is brought by the state on behalf of the South Dakota
Department of Social Services. Petitions filed regarding an alleged child
in need of supervision or a delinquent child shall be on behalf of the
state.
Affidavits of social workers
of the Department of Social Services, law enforcement officers, or court
services officers may be incorporated by reference as part of the petition.
The
child's parents, guardian, or custodian, as applicable, shall be included
as named respondents in the petition.
The petition may be made
upon information and belief. If the petition is signed by a party other
than a state's attorney, the petition shall be verified.
Source:
SDC 1939, § 43.0305; SL 1968, ch 164, § 5; SL 1991, ch 217,
§ 52B; SDCL, § 26-8-10.
|