South Dakota Codified Laws 26-7A-27. Police records of children taken into temporary custody–Confidentiality
The records of law enforcement officers and agencies concerning all children taken into temporary custody or issued a summons or citation under this chapter or chapter 26-8A, 26-8B, or 26-8C shall be maintained separately from the records of arrest and any other records regarding detention of adult persons. The records concerning children, including their names, may not be inspected by or disclosed to the public except:
(1) By order of the court;
Terms Used In South Dakota Codified Laws 26-7A-27
- Arrest: Taking physical custody of a person by lawful authority.
- Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
- Conviction: A judgement of guilt against a criminal defendant.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Summons: Another word for subpoena used by the criminal justice system.
(2) If the court orders the child to be held for criminal proceedings, as provided in chapter 26-11;
(3) If there has been a criminal conviction and a presentence investigation is being made on an application for probation; or
(4) Any child or the child’s parent or guardian may authorize the release of records to representatives of the United States Military for the purpose of enlistment into the military service.
Source: SDC 1939, § 43.0320 as enacted by SL 1968, ch 164, § 14; SL 1979, ch 171, § 5; SL 1989, ch 226, § 5; SL 1991, ch 217, § 34B; SDCL Supp, § 26-8-19.5; SL 1992, ch 183, § 18; SL 1994, ch 157, § 6; SL 1994, ch 214.