Public-domain · open source
OpenJurist

S.D. Codified Laws § 26-7A-90

Evidence heard at dispositional hearing--Interim decree--Final decree

Applied in 7 court decisions — leading case In re C.V. (1998)

Most recently applied in Interest of A.A., A.T., and A.A. (December 2021)

Source: 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.

How often courts cite this section

199620002010202120
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.