Section 26-7A-11 - Prerequisites to referral for informal action. - South Dakota Statutes

26-7A-11. Prerequisites to referral for informal action. A report of a preliminary investigation involving an apparent child in need of supervision or an apparent delinquent child may be referred under § 26-7A-10 only if:
(1) The child and the child's parents, guardian, or other custodian were informed of their constitutional and legal rights, including being represented by an attorney at every stage of the proceedings if a petition is filed;
(2) The facts are admitted and establish prima facie jurisdiction; and
(3) Written consent is obtained from the child's parents, guardian, or custodian and from the child if the child is of sufficient age and understanding. Efforts to effect informal adjustment may extend no longer than six months from the date of such consent.

Source: SL 1985, ch 213, § 2; SL 1991, ch 217, § 13B; SDCL Supp, § 26-8-1.2; SL 2008, ch 134, § 1.