Grounds for Termination of Parental Rights South Dakota

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Sexual Abuse

Child Judged in Need of Services/Dependent

Child's Best Interest

Child in care 15 of 22 months (or less)

Felony assault of child or sibling

Murder/Manslaughter of sibling child

Circumstances That Are Not Grounds for Termination

Mental Illness or Deficiency

Failure to Maintain Contact

Failure to Provide Support

Failure to Establish Paternity

Full Text of Statute

S.D. Codified Laws § 26-8A-26 (WESTLAW through 2002 Reg. Sess.)

If an adjudicated, abused or neglected child whose parental rights have not been terminated has been in the custody of the Department of Social Services and it appears at a dispositional or review hearing that all reasonable efforts have been made to rehabilitate the family, that the conditions which led to the removal of the child still exist, and there is little likelihood that those conditions will be remedied so the child can be returned to the custody of the child's parents, the court shall affirmatively find that good cause exists for termination of the parental rights of the child's parents, and the court shall enter an order terminating parental rights. If the court does not find at the hearing, which shall be conducted in the same manner as a dispositional hearing, that good cause exists for termination of parental rights, the court may make further disposition of the child as follows:

Return custody of the child to the child's parents, guardian, or custodian, with or without supervision;

Continue foster care placement of the child for a
specified period of time, and, if the child is 16
years of age or older, direct the Department to
determine the services needed to assist the child
to make the transition from foster care to
independent living and, if appropriate, provide a
plan for independent living for the child;

Place the child in the custody of the Department
or a child placement agency, with or without
guardianship of the child, in another planned
permanent living arrangement following a
determination that a compelling reason exists
that the placement is more appropriate than
adoption or with a relative or with a legal
guardian other than the Department, and under a
court-approved plan that determines visitation
rights of the child's parents, guardian, or
custodian. Under this subdivision, the court may
retain jurisdiction of the action and proceedings
for future consideration of termination of
parental rights if termination of parental rights
is the least restrictive alternative available in
keeping with the best interests of the child.

In no case may a child remain in foster care for
a period in excess of 12 months from the time the
child entered foster care without the court
holding a permanency hearing and making a
dispositional decree setting forth one of the
above options.

S.D. Codified Laws § 26-8A-26.1 (WESTLAW through 2002 Reg. Sess.)

In addition to the provisions above, the court may find that good cause exists for termination of parental rights of a parent who:

Committed a crime defined in statutes pertaining to murder, manslaughter, felony murder, rape
incest, sexual exploitation of children, abuse of
or cruelty to minors, or committed conduct
described by any of those statutes that violated
the law or ordinance of another jurisdiction
having elements similar to an offense described
by any of those statutes;

Committed a crime of aggravated assault against
the child or another child of such parent, or
committed conduct described by any of those
statutes that violated the law or ordinance of
another jurisdiction having elements similar to
an offense described by that section;

Has been determined by a court by clear and
convincing evidence to have subjected the child
or another child to torture, sexual abuse,
abandonment for at least 6 months, chronic
physical, mental, or emotional injury, or chronic
neglect if the neglect was a serious threat to
the safety of the child or another child;

Is incarcerated and is unavailable to care for the child during a significant period of the child's minority, considering the child's age and the child's need for care by an adult;

Has had parental rights to another child
terminated by a prior proceeding;

Has a documented history of abuse and neglect
associated with chronic alcohol or drug abuse;

Has exposed the child to or demonstrated an
inability to protect the child from substantial
harm or the risk of substantial harm, and the
child or another child has been removed from the
parent's custody because the removed child has
been adjudicated abused and neglected by a court
on at least one previous occasion;

Has exposed the child to or demonstrated an
inability to protect the child from substantial
harm or risk of substantial harm, and the child
has been removed from the parent's custody on two
separate occasions, and the Department of Social
Services offered or provided family services on
each of the two separate occasions; or

Has exposed the child to or demonstrated an
inability to protect the child from substantial
harm or risk of substantial harm resulting from a
crime, act, or omission as specified above.

S.D. Codified Laws § 26-8A-27 (Michie Supp. 1998)

The court may enter a decree terminating parental
rights if the court finds, by clear and
convincing evidence, that the parents have abandoned the child for at least 6 months and during this period the parents have not manifested to the child or to the physical custodian or caretaker of the child a firm intention to resume physical custody of the child and to make suitable arrangements for the care of the child.