26-7A-128. Admission or denial of alleged juvenile cited violation--Procedure.If the state's attorney elects to proceed on the citation pursuant to subdivision 26-7A-10(3), the child shall be asked for an admission or denial of the alleged violation. If the child admits to the violation, the court shall accept the admission and enter a judgment pursuant to §26-7A-129. If the child denies committing the violation, the case may be tried according to procedure adopted by the presiding judge of each judicial circuit and approved by the Supreme Court, but a jury trial may not be granted.If the child fails to appear in court at the time set in the citation or set by subsequent postponement, the court may either issue a summons to appear and set a new date for hearing to show cause, the court may consider that failure to appear constitutes an admission to the allegations contained in the complaint and may accordingly enter a judgment for payment, or may grant permission to the state's attorney to file a petition pursuant to subdivision 26-7A-10(5).If the child fails to comply with the terms of the judgment, the court may issue a summons to appear and show cause, or assess against the orney to file a petition pursuant to subdivision 26-7A-10(5).If the child fails to comply with the terms of the judgment, the court may issue a summons to appear and show cause, or assess against the child's parents or guardians the amount of the citation and any restitution owed pursuant to §26-7A-129 or may grant permission to the state's attorney to file a petition pursuant to subdivision 26-7A-10(5). Source: SL 2015, ch 152, §39, eff. Jan. 1, 2016; SL 2016, ch 146, §2, eff. Mar. 25, 2016; SL 2017, ch 115, §5, eff. Mar. 13, 2017.
South Dakota Legal Code