Family & Children

Provides funding for nonprofits that help crime victims.

This bill appropriates $8,000,000 from the general fund to the Department of Public Safety to provide grants to nonprofit organizations that assist victims of child abuse/neglect, domestic violence, sexual assault, and commercial sexual exploitation/trafficking. The grants can fund emergency services, counseling, crisis lines, case management, sexual assault nurse examiners, and child advocacy centers. Grants cannot establish new programs or fund legal services. Recipients must provide annual reports on services delivered.

Changes the minimum age requirements for getting married.

This bill raises the minimum marriage age to 18 years old, with exceptions allowing 16-17 year olds to marry with either court approval (after determining the marriage is voluntary and in the minor's best interest) or written consent from two parents. The bill prohibits marriages where the age difference exceeds 10 years when a minor is involved, requires a 30-day waiting period after judicial approval, and makes it a Class 1 misdemeanor to solemnize marriages that don't meet these requirements.

Makes shared physical custody the default in child custody cases.

This bill creates a rebuttable presumption that joint physical custody is in the best interest of a minor child in initial custody determinations. It defines joint physical custody as approximately equal time division between parents and eliminates the current statutory provision that explicitly states there is no presumption of joint physical custody.

Lists specific rights that parents have regarding their children.

This bill creates comprehensive parental rights legislation establishing fundamental rights for parents to direct their children's upbringing, education, healthcare, and mental health decisions. It requires compelling governmental interest and least restrictive means standards before state agencies can burden parental rights. The bill mandates parental consent for medical procedures, mental health services, prescription medications, biometric scans, and DNA collection. It requires schools to adopt parent involvement policies, notify parents of gender-related instruction, and prohibits school employees from withholding information about children's physical, emotional, or mental health from parents. The bill creates private rights of action with liquidated damages of $5,000 per violation plus attorney fees for school-related violations, and broader compensatory damages for other violations. State agencies must indemnify employees for liability and judgments arising under this chapter unless the employee was criminally convicted.

Makes shared custody the default assumption in divorce cases.

This bill creates a rebuttable presumption that joint physical custody is in the best interest of a minor child during initial custody determinations. It defines joint physical custody as approximately equal time division between parents and eliminates the current statute that explicitly states there is no presumption of joint physical custody. Courts can still rebut this presumption using existing best interest factors.

Updates child support laws.

This bill revises child support provisions in South Dakota law. Key changes include: (1) removing exceptions for presumptions about parental employment capacity and setting minimum imputed income at state minimum wage times 1,820 hours; (2) extending the deadline for modifying existing support orders from July 1, 2022 to July 1, 2026 and requiring continued support payments after incarceration until modification is filed; (3) allowing courts (not just parties by agreement) to credit obligors for arrearages during periods of actual physical custody; (4) streamlining income imputation rules for unemployed/underemployed parents while maintaining exceptions for incarcerated and disabled parents; (5) requiring referees to make paternity findings when genetic testing shows 99%+ likelihood; (6) removing the 3-year limitation on prior-period support obligations that custodians can recover; and (7) adding provisions for electronic service and exhibit filing procedures.

Updates how much parents pay in child support.

This bill revises South Dakota's child support obligation schedule by: 1) increasing the self-support reserve from $871 to $1,148 per month, 2) adding a requirement that incarcerated noncustodial parents (for more than 180 days) pay at least the minimum base obligation amount, 3) adding language stating that the custodial parent's share is presumed spent for the child's benefit, and 4) updating the entire child support payment schedule table with new dollar amounts based on income levels and number of children.

Requires coaches to report suspected child abuse.

This bill adds 'coaches' to the existing list of mandatory reporters who must report suspected child abuse or neglect. Coaches would be required to report such suspicions and could face Class 1 misdemeanor charges for intentionally failing to make required reports.

Updates who must report suspected child abuse.

This bill adds 'member of the clergy' to the list of mandatory reporters who must report suspected child abuse or neglect, and adds section 19-19-505 (clergy privilege) to the list of confidentiality privileges that cannot be claimed in judicial proceedings involving alleged child abuse or neglect.

Bans certain ads during kids' shows on streaming services.

This bill prohibits video streaming services from transmitting commercial advertisements about abortion, alcohol, drugs/pharmaceuticals, gambling, gender identity, nicotine products, or sexual behavior during children's programming (content for those under 16). The attorney general can impose civil penalties up to $5,000 for violations.

Changes where adoption cases can be filed.

This bill expands the venue options for filing adoption petitions in South Dakota. Currently, adoption petitions must be filed in the county where the child or adopting parent legally resides (based on where the petition is first filed). The bill changes this to allow adoption petitions to be filed in any of three counties: (1) where the adopting parent resides, (2) where the authorized agency having care, custody, or control of the child is located, or (3) where the child was born or resides.

Removes probation option for violating child custody orders.

This bill eliminates probation options for people found in contempt of court for violating child custody or visitation orders. It removes two sections (25-4A-6 and 25-4A-7) that allowed courts to place contemnors on probation for up to five years and established procedures for revoking that probation. The bill also amends section 25-4A-8 to exclude fewer sections from general probation provisions.