26-8A-27. Final decree terminating parental rights of one or both parents--Child support arrearages--Custody of child.
On completion of a final dispositional hearing regarding a child adjudicated to be abused or neglected, the court may enter a final decree of disposition terminating all parental rights of one or both parents of the child if the court finds, by clear and convincing evidence, that the least restrictive alternative available commensurate with the best interests of the child with due regard for the rights of the parents, the public and the state so requires. 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 six 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. If the court decides to terminate parental rights, any existing child support arrearages shall be addressed by the court in the order terminating those parental rights.
Upon the entry of the final decree of disposition terminating the parental rights of both parents or of the surviving parent, the court shall vest the Department of Social Services with the custody and guardianship of the person of the child for the purpose of placing the child for adoption and authorizing appropriate personnel of the department to consent to adoption of the child without need for any notice or consent of any parent of the child. The final decree terminating parental rights is final and unconditional. The natural parents retain no post-termination rights or privileges including post-termination visitation except for any final visitation allowed by the department.
Upon the entry of a final decree of disposition terminating the parental rights of one parent, the court may leave the child in the custody of the remaining parent and end the proceedings.
Source: SDC 1939, §43.0310; SL 1968, ch 164, §8; SL 1991, ch 217, §136B; SDCL §26-8-36; SL 1997, ch 161, §1; SL 2013, ch 119, §21.
Structure South Dakota Codified Laws
Chapter 08A - Protection Of Children From Abuse Or Neglect
Section 26-8A-1 - Purpose of chapter.
Section 26-8A-2 - Abused or neglected child.
Section 26-8A-5 - Application of terms.
Section 26-8A-8 - Oral report of abuse or neglect--To whom made--Response report.
Section 26-8A-10 - Report to social services--Content.
Section 26-8A-10.2 - Exception to notice requirement.
Section 26-8A-11 - Request to amend or remove record--Administrative hearing--Decision.
Section 26-8A-12 - Operation of central registry for abuse and neglect--Adoption of rules.
Section 26-8A-13.2 - Consent of possible caretaker required for central registry screenings.
Section 26-8A-14 - Immunity from liability.
Section 26-8A-15 - Communications not privileged in child abuse or neglect cases.
Section 26-8A-17 - Child protection teams.
Section 26-8A-18 - Appointment of counsel--Compensation--Assistance.
Section 26-8A-19 - Abused and neglected child defense fund--Distribution to counties--Pro rata.
Section 26-8A-20 - Appointment of representative of child's best interest--Duties.
Section 26-8A-21.1 - Exceptions to §26-8A-21.
Section 26-8A-24 - Periodic review hearings of foster care status--Petition for judicial action.
Section 26-8A-25 - Criteria for determining continued placement of child separate from home.
Section 26-8A-26.1 - Additional reasons for termination of parental rights.
Section 26-8A-28 - Notice of order or final decree--Service--Appeal.
Section 26-8A-29 - Continuing jurisdiction over abused or neglected child.
Section 26-8A-30 - Testimony of child by closed circuit television--Hearing to determine necessity.
Section 26-8A-32 - Due regard to be afforded Indian Child Welfare Act.
Section 26-8A-33 - Proceeding involving child covered by Indian Child Welfare Act.
Section 26-8A-34 - Alcohol or drug testing as condition of child placement or return.
Section 26-8A-36 - Immunity from liability for administering or not administering toxicology test.