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Child in Need of Supervision (CHINS)

What is a Child in Need of Supervision (CHINS)?

A child in need of supervision "CHINS" is defined by SDCL 26-8B-2 as:

  • Any child of compulsory school age who is habitually absent from school without legal excuse;
  • Any child who has run away from home or is otherwise beyond the control of the child's parent, guardian, or custodian;
  • Any child whose behavior or condition endangers the child's own welfare or the welfare of others; or
  • Any child who has violated any federal, state, or local law or regulation for which there is not a penalty of a criminal nature for an adult, except violations of subdivision 34-46-2(2), or petty offenses or
  • Any child who has violated SDCL 35-9-2 or 32-23-21

The court may commit a child adjudicated as a "CHINS" to the Department of Corrections if the judge finds that:

  1. No viable alternative exists;
  2. The Department of Corrections is the least restrictive alternative; and
  3. The court finds from evidence presented at the dispositional hearing or from the pre-dispositional report that the youth presents a significant risk of physical harm to another person.

Any finding made pursuant to this section shall be made in the written decree.

 

The court may commit a youth that is adjudicated delinquent if:

  1. No viable alternative exists;
  2. The Department of Corrections is the least restrictive alternative; and
  3. The child is currently adjudicated delinquent for an offense eligible for transfer proceedings pursuant to 26-11-3.1; the child is currently adjudicated delinquent for a crime of violence pursuant to subdivision 22-1-2 (9), sex offense pursuant to 22-24B-1, felony registry offense from evidence presented at the dispositional hearing or from the pre-dispositional report that the youth presents a significant risk of physical harm to another person.

Any finding made pursuant to this section shall be made in written decree.

FAQs About Children in Need of Supervision (CHINS):

Juveniles are committed to the DOC by the courts as either adjudicated delinquents or as children in needs of supervision (CHINS), as allowed by law.

A "delinquent" is defined by South Dakota Codified Law (SDCL) 26-8C-2 as any child 10 years of age or older who regardless of where the violation occurred, has violated any federal, state, or local law or regulation for which there is a penalty of a criminal nature for an adult, except state or municipal hunting, fishing, boating, park or traffic laws that are classified as misdemeanors or petty offenses.

Yes. For a child adjudicated as a delinquent, a judge can utilize any of the alternatives listed in SDCL 26-8C-7. For a CHINS, a judge can utilize any of the alternatives listed in SDCL 26-8B-6.

A youth is committed to the DOC until the age of 21. The actual length of stay in facilities and period of commitment depends on several factors including offense history, institutional conduct, efforts toward self-improvement, and the development of an acceptable aftercare plan. The majority of youth are discharged from DOC for good conduct prior to age 19.

Upon committal to DOC, the Secretary of Corrections becomes the guardian of the youth and may appoint the person in charge of a public or private institution or program as the youth's custodian.

However, parents, guardians or custodians of a child who has been committed to the DOC shall maintain financial responsibility of the child according to SDCL 26-7A-42. The committing judge determines what amount of parental support is to be paid to the Department of Corrections. Parents or guardians remain responsible for medical, dental, and other costs while their child is in a correctional placement in accordance with court order. Any health and dental insurance coverage must be reported to the juvenile corrections agent as soon as possible.

View the petition and an example of a notice of hearing. Forms are also available on the SDCL website.

Related Documents

ALL FORMS MUST BE PRINTED SINGLE-SIDED AND COMPLETED IN BLACK OR BLUE INK

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Child in Need of Supervision Petition

The CHINS Petition form initiates legal proceedings for a Child in Need of Supervision in South Dakota. It requires detailed information about the child and guardians.

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Child in Need of Supervision Petition Example

This is an example of the CHINS Petition form, used in South Dakota to initiate legal action for a Child in Need of Supervision, detailing the child's circumstances and required interventions.

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