Legal Question in Family Law in South Dakota

family

Can the State keep a child in foster-care if a parent

fails a drug urine test, that was requested by the

Department of Child Protection? There was no

documented case of phyical nor sexual abuse and

the cause for removing the child is a delinquent

petion.


Asked on 3/07/99, 1:40 am

1 Answer from Attorneys

Jonathan Schiff Self employed

Re: family

You really haven't supplied enough information. The fact that the child wound up in foster care, a generally non-penal option, as a result of the delinquency petition means that the court determined at some point that environmental concerns outweighed the criminal issues.

If it was determined that parental drug use was a problem the Court would likely issue orders to that effect or might direct the parent to comply with a reunification plan drawn up by Children Protective.

This is conjection at this point as I don't have very much information. You might want to get more specific.

Jonathan Schiff

Self employed

605 Rose Hill Ave


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Answered on 3/09/99, 6:43 pm


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