South Dakota

Delinquency and dependency proceedings: All juvenile court hearings generally are closed unless the court finds compelling reasons to open them. But delinquency proceedings are open to the public when juveniles 16 years old or older are charged with an offense that would constitute a crime of violence such as murder, robbery, aggravated assault or other serious felony if committed by an adult or with a drug offense outlined in specific statutes. S.D. Codified Laws § 26-7A-36 (2011). Noting that “the legislature did not intend to allow the media or the general public open access to juvenile hearings,” the state Supreme Court rejected the argument of the Argus (Sioux Falls) Leader that the nature of the alleged delinquent act — a minor’s fatal shooting of another minor — was a sufficiently compelling reason to open the juvenile’s transfer hearing. “Argus cannot rest upon its assumption that the criminal charge alone carries the day. The mere fact that a juvenile was involved in a homicide, by itself, does not constitute ‘compelling reasons’ for open hearings in this jurisdiction. There must be more evidence produced than just the nature of the alleged offense,” the court said. Matter of M.C., 527 N.W.2d 290, 294 (S.D. 1995).

Delinquency and dependency records: Identifying information about any child in the juvenile court system generally may not be released without a court order except to certain individuals and agencies designated by statute. S.D. Codified Laws § 26-7A-28. Also, police and agency records of children generally are confidential, but the records, including the child’s name, may be publicly disclosed if the child is being prosecuted as an adult, the child has been criminally convicted and a presentence investigation is being prepared or by court order. Id. § 26-7A-27.

In addition, the state Department of Social Services must release on request findings or information relating to acts of child abuse or neglect that resulted in a fatality or near fatality unless such release would jeopardize a pending criminal investigation or proceeding. But the disclosed information will not identify the child. Id. § 26-8A-13.

Restrictions on coverage: South Dakota law allows a trial judge to close the courtroom when a minor victim or witness is testifying about a sexual offense. Authorized representatives of the news media are included among those permitted to remain in the courtroom during this testimony unless the court determines that the best interest of the minor warrants exclusion of the media. Id. § 23A-24-6. The law also allows victims and witnesses 11 years old or younger and those with a developmental disability regardless of age to testify about physical abuse or neglect, sexual offenses or crimes of violence such as murder, robbery, aggravated assault or other serious felonies outside the presence of the defendant via closed-circuit television. The statute does not specify whether the media and public may remain in the courtroom when this testimony is broadcast there. Id. §§ 26-8A-30, 26-8A-31. Statutory rape victims 15 years old or younger may testify outside the presence of the defendant via video-recorded testimony taken at a preliminary hearing or deposition. This statute likewise does not specify whether the media and public may remain in the courtroom when this testimony is broadcast during the trial. Id. § 23A-12-9.