South Dakota

This page provides a breakdown of all major developments and right to counsel law that the NCCRC knows for this state, sorted by subject area. Click on either tab below to see the aspect it describes.

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key_development Question_mark

Right to counsel

A statute requires appointment of counsel upon request for respondent parents in abuse/neglect cases.

Appointment of Counsel: categorical Qualified: no

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Key_development Question_mark

Right to counsel

There is a right to counsel for indigent parents in abuse/neglect cases.

Appointment of Counsel: categorical Qualified: no

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Litigation

Fed court: counsel must be appointed earlier in child welfare process

03/30/2015

A federal court found that a South Dakota court's practice of not appointing counsel at 48-hour child removal hearings violated due process.

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for children in abuse/neglect cases.

Appointment of Counsel: categorical Qualified: no

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Bypass of Parental Input into Abortion - Minor

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel upon request for a minor seeking to bypass the parental notification requirement for an abortion.

Appointment of Counsel: categorical Qualified: no

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Civil Contempt in Family Court

Legislation

Key_development Question_mark

Right to counsel

The South Dakota Supreme Court found a constitutional right to counsel in civil contempt proceedings.

Appointment of Counsel: categorical Qualified: yes

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Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for the subject of a civil commitment proceeding.

Appointment of Counsel: categorical Qualified: no

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Civil Forfeiture

Litigation

Key_development Question_mark

Right to counsel

The state supreme court found a federal constitutional right to counsel in civil forfeiture proceedings initiated prior to criminal proceedings.

Appointment of Counsel: categorical Qualified: yes

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Custody Disputes - Children

Legislation

Key_development Question_mark

Right to counsel

A court may appoint counsel for a minor in a private custody proceeding.

Appointment of Counsel: discretionary Qualified: no

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Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for the subject of a guardianship proceeding, but only if the person contests the petition or requests counsel.

Appointment of Counsel: categorical Qualified: yes

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Incarceration for Fees/Fines (incomplete)

Litigation

Key_development Question_mark

Right to counsel

The South Dakota Supreme Court found a constitutional right to counsel in civil contempt proceedings.

Appointment of Counsel: categorical Qualified: yes

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Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for children in termination of parental rights cases.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (State) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent parents in termination of parental rights cases.

Appointment of Counsel: categorical Qualified: no

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Other Subject Areas

Legislation

Right to counsel - challenge of any confinement

There is a right to counsel in habeas proceedings to challenge any kind of confinement.

Appointment of Counsel: categorical Qualified: no

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