Section 26-7A-85 - Mentally ill or retarded child--Hearing suspended--Examination authorized.
26-7A-85. Mentally ill or retarded child--Hearing suspended--Examination authorized. If it appears from the evidence presented at the adjudicatory hearing that the child may be mentally ill or mentally retarded, as the terms are defined in Title 27A or Title 27B, the court may suspend the adjudicatory hearing and may:
(1) Order that the child be examined by a qualified mental health professional. The court may place the child in a hospital or other suitable facility for the purposes of the examination; or
(2) Recommend to the state that the proceedings be conducted as provided in applicable chapters of Title 27A or Title 27B.
Even if the court exercises some of the authority in this section, the court may proceed with the adjudicatory hearing and dispositional hearing.
Source: SDC 1939, § 43.0327 as added by SL 1968, ch 164, § 16; SL 1991, ch 217, § 75B; SDCL, § 26-8-22.8.