The bill amends South Dakota's law regarding the termination of parental rights for children adjudicated as abused or neglected. It expands the criteria under which a court may find good cause for terminating parental rights. The new provisions include various circumstances such as committing specific crimes against the child or another child, a history of abuse and neglect, incarceration, and previous involuntary termination of parental rights. Additionally, it addresses situations where a parent has exposed a child to substantial harm or has failed to protect the child from such harm, particularly in cases where the child has been removed from the parent's custody multiple times.
The bill also introduces a provision for voluntary termination of parental rights, which can be granted if the court determines it is in the best interest of the child, while also considering the Indian Child Welfare Act when applicable. Overall, the amendments aim to strengthen the legal framework for protecting children from abusive or neglectful parental situations by providing clearer guidelines for courts to follow in termination cases.
Statutes affected: Introduced, 01/30/2025: 26-8A-26.1
House Judiciary Engrossed, 02/19/2025: 26-8A-26.1
Enrolled, 03/04/2025: 26-8A-26.1