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revise a provision related to the appointment of a guardian ad litem or a special advocate to represent an abused or neglected child.
This bill makes appointing a guardian ad litem or special advocate optional rather than required when a child has been found to be abused or neglected and removed from their home. Previously, courts had to appoint someone to represent the child's best interests in these cases; now judges have the discretion to decide whether to make that appointment.
revise the definition of abused or neglected child to include minors subject to human trafficking.
HB 1218 expands South Dakota's legal definition of child abuse and neglect to include minors who are victims of human trafficking. This change allows trafficking victims to receive the same legal protections and support services that apply to other abused or neglected children under state law.
establish a safe harbor for child survivors of certain forms of human trafficking.
When law enforcement encounters a minor involved in prostitution or other sex trafficking activities, this bill requires officers to report the child to child protective services and a statewide human trafficking coordinator instead of treating them as criminals. Rather than arresting the child, officers must release them to their parents or guardians (or to child protective services if the child's safety is at risk), connecting them with support services through a child advocacy center. This establishes a "safe harbor" that treats child trafficking victims as victims needing help rather than as lawbreakers.
revise certain provisions relating to child support.
This bill updates South Dakota's child support calculation rules by clarifying that parents are presumed capable of working at least 1,820 hours per year (even if incarcerated) and must pay child support based on that minimum, unless they can prove a physical or mental disability prevents it. The bill also makes technical changes to how income deductions are calculated for child support purposes, including adjustments to tax withholding assumptions and retirement plan contribution limits.
clarify the means of voluntarily terminating a relationship between a birth mother and a child.
This bill clarifies that a birth mother can only voluntarily end her legal relationship with a child through the adoption and termination of parental rights processes outlined in South Dakota law (chapters 25-5A and 25-6). By establishing these as the exclusive legal means, the bill prevents any other methods or informal arrangements from being recognized as valid terminations of that relationship.
revise the definition of sexual contact for purposes of sexual contact with a child under eighteen by a person in a position of authority.
This bill expands South Dakota's legal definition of "sexual contact" with a minor by a person in authority to include touching of the buttocks or inner thighs, in addition to existing categories like breasts and genitalia. The change makes it clear that such touching is illegal even if it happens over clothing or for any reason other than medical treatment by licensed healthcare providers. The bill also clarifies that courts must decide before trial whether someone qualifies as a healthcare practitioner exempt from these rules.
to apply to Congress under Article V of the United States Constitution to call a convention for an amendment to the Constitution establishing congressional term limits.
South Dakota asks Congress to call a national constitutional convention to propose an amendment that would limit how many terms members of Congress can serve. This is a request under Article V of the U.S. Constitution, which allows states to push for a constitutional amendment when enough states make the same request.
revise provisions related to the video recording of certain victim testimony at a preliminary hearing or deposition.
HB 1100 expands who can request video recordings of child victim testimony at preliminary hearings or depositions—allowing either the prosecutor or defense attorney to make the request, rather than only the prosecutor. The bill also broadens the types of crimes covered to include sexual abuse of minors under age 18 (not just those under 16), and clarifies that victims of child abuse under a specific statute can also have their testimony video recorded.
provide that the cost of a home study required for an adoption is the responsibility of the Department of Social Services.
HB1133 shifts the cost of home studies required for adoption from adoptive families to the South Dakota Department of Social Services. This means families pursuing adoption will no longer have to pay out-of-pocket for this mandatory evaluation, reducing a significant financial barrier to adoption.
establish criteria for temporary custody and visitation orders.
This bill changes how South Dakota courts make temporary custody decisions by requiring judges to presume that joint physical custody (equal parenting time) is in the child's best interest unless evidence shows otherwise. When a custody arrangement results in unequal parenting time, courts must now create a schedule that maximizes time with each parent based on their demonstrated involvement in the child's life. The bill also requires courts to issue written findings of fact and conclusions of law with their temporary custody orders.
address determinations regarding physical custody of a minor.
This bill clarifies that South Dakota courts have no automatic presumption favoring joint physical custody when deciding where a child should live. Instead, judges must make custody decisions based solely on what is in the child's best interest, considering each family's unique circumstances.
provide for custody entitlement of a child born out of wedlock.
This bill changes South Dakota law to give both unmarried parents equal custody rights to their children born outside of marriage, rather than automatically giving custody to the mother. Courts will now decide custody based on what's best for the child's overall wellbeing, rather than defaulting to maternal custody.
expand criminal provisions regarding the protection of minors from certain forms of sexual exploitation.
This bill strengthens South Dakota's human trafficking laws by making it easier to prosecute trafficking cases involving minors—prosecutors no longer need to prove that force, fraud, or coercion was used when the victim is under 18. The bill also expands the definition of "coercion" to include threatening someone with physical restraint, isolation, or confinement; forcing them to provide sex acts as payment for a debt; and exploiting someone's physical or mental impairment.
establish the fundamental right of a parent.
This bill establishes in state law that parents have a fundamental right to make decisions about their child's upbringing, education, and care. It prohibits state agencies, local governments, and their officials from interfering with or limiting that parental right. The change creates a new legal protection for parental decision-making authority in South Dakota.
revise the child support obligation schedule.
HB 1278 updates South Dakota's child support obligation schedule by revising the formulas and amounts that courts use to calculate how much parents must pay in child support. The bill makes significant changes to the existing child support guidelines to reflect current economic conditions and ensure fair and consistent support calculations across the state.
limit liability for certain child welfare agency licensees.
This bill caps the amount of money that licensed child welfare agencies and their employees can be sued for at $1 million per lawsuit for injuries or property damage caused by their actions or inactions. If a court strikes down the $1 million limit as unconstitutional, the cap would instead apply only to non-economic damages like pain and suffering, rather than medical bills and other financial losses.
revise provisions related to custody and visitation rights by medical cannabis cardholders.
South Dakota law now protects medical cannabis cardholders from automatically losing custody or visitation rights with their children simply because of their cardholder status. The change clarifies that there's no automatic assumption a cardholder is neglecting or endangering their child, unless the court has clear evidence their behavior actually creates a real safety risk to the minor.
revise provisions related to missing children.
South Dakota law already required police to report missing children to a national database within 12 hours, but this bill clarifies the process by specifying that officers must verify with parents or guardians before notifying media outlets and must promptly tell the responsible adults when information is entered into the system. The changes ensure better communication between law enforcement and families during missing child cases.
make an appropriation for programs that assist victims of domestic violence, abuse, and neglect and to declare an emergency.
This bill creates the "Families First Grant Program" within the Department of Public Safety to award grants to organizations that help victims of domestic violence, sexual assault, and child abuse or neglect. The bill establishes a dedicated fund in the state treasury to pay for these grants, which can be used to support shelters, legal services, counseling, staff training, and court-appointed advocate services. South Dakota is making an appropriation (providing money) for this new program to address domestic violence and abuse.
make an appropriation to provide grants for certain residential alternative care programs and to declare an emergency.
SB 196 appropriates state funds to provide grants for residential alternative care programs in South Dakota. The bill modifies the existing appropriations law (§36-25-16) to allocate this funding and declares the measure an emergency so it takes effect immediately rather than waiting for the standard effective date.
revise provisions related to medical cannabis for the protection of youth.
HB1134 modifies South Dakota's medical cannabis laws to include new protections aimed at keeping cannabis products away from minors. The bill accommodates related legislative changes to the state's medical cannabis regulations, though the specific protective measures aren't detailed in this excerpt.
clarify provisions related to foster care.
HB 1315 clarifies existing rules about South Dakota's foster care system, though the bill text doesn't specify which particular provisions are being clarified. Without the detailed amendments, this summary cannot explain the specific changes to foster care law that this bill makes.
urging the creation of safe and supportive environments for students with epilepsy.
This resolution urges South Dakota schools and educational institutions to create safe and supportive environments specifically for students with epilepsy, including measures like seizure action plans and staff training. A resolution doesn't change state law directly—instead, it expresses the Legislature's recommendation that schools voluntarily adopt practices to better accommodate and protect students living with epilepsy.
address early learning and child care.
modify tuition responsibilities for children in residential treatment centers.
HB 1302 clarifies that school districts must pay tuition for children in residential treatment centers according to existing state law procedures, rather than leaving the payment responsibility unclear. The bill also adds definitions for "intensive residential treatment center" and "residential treatment center" to specify which facilities fall under these tuition rules.
regulate delta-8 tetrahydrocannabinol, THC-O acetate, and hexahydrocannabinol for those under the age of twenty-one.
This bill makes it illegal for anyone under age 21 to buy, possess, or use products containing delta-8 THC, THC-O acetate, or hexahydrocannabinol, and it prohibits adults from selling or giving these products to minors (with an exception for parents and guardians). Violating these rules is a Class 2 misdemeanor, which carries criminal penalties. The bill creates new restrictions on synthetic cannabinoid products that are currently sold in stores and online without the same age restrictions as traditional cannabis.
make an appropriation to pay increased costs incurred in the construction of an appropriate regional facility and to declare an emergency.
The state is providing $2 million in emergency funding to the Department of Social Services to help cover unexpected cost increases for constructing regional facilities that serve people with developmental disabilities. This money can be distributed as grants to any entity experiencing construction cost overruns on these projects.