Following an advisory hearing on a petition, the court shall conduct an adjudicatory hearing. The court shall consider whether the allegations of the petition are supported by clear and convincing evidence concerning an alleged abused or neglected child or whether the allegations of the petition are supported by evidence beyond a reasonable doubt concerning an alleged child in need of supervision or an alleged delinquent child. In cases concerning abused or neglected children, evidence that child abuse has occurred is prima facie evidence that the child is an abused or neglected child regardless of allegations contained in the petition, and such evidence is sufficient to support an adjudication of the child as an abused or neglected child.
S.D. Codified Laws § 26-7A-82
Adjudicatory hearing following advisory hearing--Support of evidence
Applied in 2 court decisions — leading case In Re the Guardianship of S.M.N. (2010)
Most recently applied in In Re the Guardianship of S.M.N. (April 2010)
Source: SL 1991, ch 217, § 71B.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.