South Dakota Codified Laws 26-7A-85. Child with mental illness or intellectual disability–Suspension of hearing–Examination
If it appears from the evidence presented at the adjudicatory hearing that the child may be mentally ill or have an intellectual disability, as the terms are defined in Title 27A or Title 27B, the court may suspend the adjudicatory hearing and may:
(1) Order that the child be examined by a qualified mental health professional. The court may place the child in a hospital or other suitable facility for the purposes of the examination; or
Terms Used In South Dakota Codified Laws 26-7A-85
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(2) Recommend to the state that the proceedings be conducted as provided in applicable chapters of Title 27A or Title 27B.
Even if the court exercises some of the authority in this section, the court may proceed with the adjudicatory hearing and dispositional hearing.
Source: SDC 1939, § 43.0327 as added by SL 1968, ch 164, § 16; SL 1991, ch 217, § 75B; SDCL § 26-8-22.8; SL 2013, ch 125, § 5.