Legal Question in Family Law in South Dakota
family
Can the State keep a child in foster-care if a parent
fails a drug urine test, that was requested by the
Department of Child Protection? There was no
documented case of phyical nor sexual abuse and
the cause for removing the child is a delinquent
petion.
1 Answer from Attorneys
Re: family
You really haven't supplied enough information. The fact that the child wound up in foster care, a generally non-penal option, as a result of the delinquency petition means that the court determined at some point that environmental concerns outweighed the criminal issues.
If it was determined that parental drug use was a problem the Court would likely issue orders to that effect or might direct the parent to comply with a reunification plan drawn up by Children Protective.
This is conjection at this point as I don't have very much information. You might want to get more specific.
Jonathan Schiff
Self employed
605 Rose Hill Ave