Review dispositional hearing to remove guardian or institution or restore child to parents.

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26-7A-104. Review dispositional hearing to remove guardian or institution or restore child to parents.

On consideration of the report of the guardian, institution, or association submitted to the court pursuant to §26-7A-103, except for a child committed to the Department of Corrections, the court may conduct a review dispositional hearing and:

(1)Remove the guardian and appoint another party to act as guardian for the child;

(2)Remove the child from the institution or association and place the child in another institution or association as determined by the court; or

(3)Restore the child to the custody of either or both of the child's parents, if parental rights have not been terminated, or to the custody of the child's former guardian or custodian existing at commencement of the action, with or without supervision, probation, or other conditions imposed by the court consistent with the best interests of the child and with due regard to the rights and interests of the child's parents, guardian, custodian, the public, and the state.

Source: SDC 1939, §43.0317; SL 1951, ch 222, §2; SL 1991, ch 217, §99B; SDCL, §26-8-52; SL 1996, ch 172, §12.


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