South Dakota Temporary Guardianship Agreement

Introduction

Key Things to Know

1. 1

   South Dakota's guardianship chapter (SDCL ch. 29A-5) has no section for a parent to hand a relative authority by signing; ask the school or court whether any statewide form or caregiver affidavit applies. A generic minor child power of attorney is not backed by the Uniform Power of Attorney Act, which excludes health care decisions and lists no child-care delegation (SDCL 59-12-2).

2. 2

   Apart from the 15-day school-board appeal hearing under SDCL 13-28-10, the only time limit on this page is for the court route: a temporary guardian or conservator under SDCL 29A-5-210 may not be appointed for more than six months, and the statute text does not state a renewal.

3. 3

   This page states no notary, witness or filing step for a parent; ask the school or court whether one applies. For school enrollment, the person the child is living with asks the school board to accept the child as a resident under SDCL 13-28-10; the sample request on this page is signed by that caregiver, not by a parent.

4. 4

   For school, the board decides. If the board refuses, the refusal can be appealed to the board for a hearing within 15 days, then to circuit court. For medical care, a physician may treat a minor in an emergency before consent if a parent or guardian is not immediately available and delay would threaten life or health. That rule excludes elective abortion, sterilization and birth control devices or medication (SDCL 20-9-4.2).

5. 5

   Reliance protection is limited to emergencies: under SDCL 20-9-4.2 no physician, hospital or assisting person is liable for treating without consent where delay would threaten life or health. SDCL 20-9-4.2 does not protect a school or provider that relies on a parent-signed document, and this page does not promise that any school or medical provider will accept a document.

6. 6

   The school board request on this page is not a court guardianship: custody and every parent's rights stay unchanged, and under SDCL 13-28-10 the request is made by the person the child is living with. A court-appointed temporary guardian is different. For that route, the court may appoint any individual or entity it finds eligible and in the minor's best interests, and a minor aged 14 or older may nominate someone (SDCL 29A-5-202).

7. 7

   If a court-backed arrangement is needed, a regular guardianship can be sought by petition (SDCL 29A-5-201); for an immediate need, a temporary guardian or conservator can be sought by petition on a showing that an immediate need exists and the appointment is in the minor's best interests (SDCL 29A-5-201 and 29A-5-210). A non-parent may not use SDCL ch. 29A-5 to seek custody if certain other proceedings are pending (SDCL 29A-5-106). DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse or danger to a child, contact the South Dakota child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.

South Dakota Requirements for Temporary Guardianship Agreement

• No General Out-of-Court Delegation

  South Dakota's guardianship chapter (SDCL ch. 29A-5) has no section for a parent to delegate care of a child by signing; the school or court can say whether any statewide form or caregiver affidavit applies. A generic minor child power of attorney is not backed by the Uniform Power of Attorney Act (SDCL 59-12-2).

• Power of Attorney Excludes Health Care

  The Uniform Power of Attorney Act excludes a power to make health care decisions (SDCL 59-12-2(2)).

• School Board Acceptance of Residency

  A child's school residency is where the parents, noncustodial parents, or guardian reside unless, on the request of the person the child is living with, the school board accepts the child as a resident of the district (SDCL 13-28-10).

• School Refusal Appeal

  A refusal can be appealed to the board for a hearing within 15 days, then to circuit court (SDCL 13-28-10).

• Emergency Medical Treatment Only

  A licensed physician may treat a minor before consent if a parent or guardian is not immediately available and delay would threaten life or health. The rule excludes elective abortion, sterilization and birth control devices or medication (SDCL 20-9-4.2).

• Emergency Reliance Protection

  No physician, hospital or assisting person is liable for emergency treatment without consent where delay would threaten life or health (SDCL 20-9-4.2).

• Court Temporary Guardian, Six Months

  A court may appoint a temporary guardian or conservator on a showing that an immediate need exists and the appointment is in the minor's best interests, for no more than six months. Powers are only those set out in the order (SDCL 29A-5-210).

• Pending Proceedings Block

  A person other than the parent may not use chapter 29A-5 to seek custody if a listed proceeding is pending or the child is subject to another court's continuing jurisdiction (SDCL 29A-5-106).

• Caregiver Request Document

  The sample request is signed by the caregiver, asks the school board to accept the child as a resident, and states that it is not a court guardianship and does not change custody or parental rights (SDCL 13-28-10).