26-7A-10. Preliminary investigation by state's attorney--Authorized procedure on basis of investigation.
If a state's attorney is informed by a law enforcement officer or any other person that a child is, or appears to be, within the purview of this chapter and chapter 26-8A, 26-8B, or 26-8C, the state's attorney shall make a preliminary investigation to determine whether further action shall be taken. On the basis of the preliminary investigation, the state's attorney may:
(1)Decide that no further action is required;
(2)If the report relates to an apparent abused or neglected child and if additional information is required, refer the matter to the Department of Social Services for further investigation and recommendations;
(3)If the report relates to a juvenile cited violation, proceed on the citation;
(4)If the report relates to an apparent child in need of supervision, an apparent delinquent child, or a juvenile cited violation, refer the matter to a court services officer for any informal adjustment to the supervision of the court that is practicable without a petition or refer the matter to a court-approved juvenile diversion program for any informal action outside the court system that is practicable without the filing of a petition; or
(5)File a petition to commence appropriate proceedings in any case that the youth does not meet the criteria provided in §26-7A-11.1.
Source: SDC 1939, §43.0304 as added by SL 1968, ch 164, §4; SL 1977, ch 207; SL 1985, ch 213, §1; SL 1991, ch 217, §12B; SDCL Supp, §26-8-1.1; SL 2015, ch 152, §4; SL 2017, ch 115, §1, eff. Mar. 13, 2017.