25-5A-23. Scope of counseling.
Any person providing counseling pursuant to §25-5A-22 shall make every reasonable effort to meet with the birthparents at least fifteen days before termination of parental rights for the purpose of counseling the birthparents. The counseling shall include the following:
(1)Verification that the motivation to relinquish is voluntary without undue influence of others, and the birthparent is not under the influence of any substance which affects judgment;
(2)Discussion of the alternatives and resources available, the permanency of the decision, the emotional issues involved in termination, and the legal rights of a birthparent to legal counsel, if indicated; and
(3)Assessment of the ability of the birthparent to understand the consequences of the decision.
Source: SL 1994, ch 197, §2.
Structure South Dakota Codified Laws
Chapter 05A - Voluntary Termination Of Parental Relations
Section 25-5A-1 - Definition of terms.
Section 25-5A-2 - Purposes of termination procedure.
Section 25-5A-3 - Parent entitled to petition for termination.
Section 25-5A-4 - Waiting period for filing petition.
Section 25-5A-5 - Circuit court jurisdiction--Venue.
Section 25-5A-6 - Verified petition--Contents.
Section 25-5A-7 - Consent not invalidated by minority.
Section 25-5A-8 - Hearing procedure.
Section 25-5A-9 - Time and place of hearing--Notice.
Section 25-5A-11 - Service of notice in person or by publication--Time of service.
Section 25-5A-12 - Service by publication and mail.
Section 25-5A-13 - Private hearings--Opening to public.
Section 25-5A-15 - Hearings informal--Best interest of child.
Section 25-5A-16 - Determination that petitioners know consequences.
Section 25-5A-17 - Record of proceedings.
Section 25-5A-18 - Order terminating parental rights--Consent to adoption--Child support arrearages.
Section 25-5A-19 - Order conclusive--Appeal to supreme court.
Section 25-5A-20 - Records confidential.
Section 25-5A-21 - Remedy cumulative.
Section 25-5A-22 - Counseling before termination of parental rights.
Section 25-5A-23 - Scope of counseling.
Section 25-5A-24 - Written report of counseling--Copy to Department of Social Services.
Section 25-5A-25 - Failure to receive counseling.
Section 25-5A-26 - Termination of parental rights--Validated--Limitation on claims.
Section 25-5A-28 - Delivery of unharmed child not a crime.
Section 25-5A-29 - Termination of parental rights to delivered child.
Section 25-5A-31 - No liability for entity accepting custody of delivered child.
Section 25-5A-33 - Provisions for custody action by nonrelinquishing parent.
Section 25-5A-34 - Emergency medical services provider defined.
Section 25-5A-35 - Parental rights termination hearing for voluntarily delivered child.
Section 25-5A-36 - Due regard to be afforded Indian Child Welfare Act.