State of South Dakota
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EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012
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400T0194
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SENATE BILL NO. 13
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Introduced by: The Committee on Judiciary at the request of the Department of Social Services
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FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to reunification and
termination of parental rights.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 26-8A-21.1 be amended to read as follows:
26-8A-21.1. Nothing in § 26-8A-21 requires reunification of a child with a parent who:
(1) Committed a crime defined in § 22-16-4, 22-16-7, 22-16-15, 22-16-20, 22-22-1, 22-22-24.3, 22-22A-2, 22-22A-3, 26-10-1, or subdivision 22-19-1(5), 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;
(2) Aided or abetted, attempted, conspired, or solicited to commit a crime defined in § 22-16-4, 22-16-7, 22-16-15, or 22-16-20 or the law or ordinance of another jurisdiction having
elements similar to an offense described by any of those statutes;
(3) Committed a crime defined in § 22-18-1.1
, 22-22-7, or subdivision 22-23-2(2) against
the child or another child of such parent, or committed conduct described by
that section
those sections that violated the law or ordinance of another jurisdiction having elements
similar to the offense described by that section those sections;
(3)(4) 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 six 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;
(4)(5) 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;
(5)(6) Has had parental rights to another child involuntarily terminated by a prior legal proceeding;
(6)(7) Has a documented history of abuse and neglect associated with chronic alcohol or drug
abuse;
(7)(8) 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 was adjudicated abused and neglected by
a court on at least one previous occasion;
(8)(9) Has exposed the child to or demonstrated an inability to protect the child from substantial
harm or the risk of substantial harm, 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 the child was removed; or
(9)(10) Has exposed the child to or demonstrated an inability to protect the child from
substantial harm or risk of harm resulting from a crime, act, or omission as specified
in subdivision (1), (2), or (3) of this section; or
(11) Is required to register as a sex offender pursuant to chapter 22-24B.
Section 2. That § 26-8A-26.1 be amended to read as follows:
26-8A-26.1. In addition to the provisions of § 26-8A-26, the court may find that good cause
exists for termination of parental rights of a parent who:
(1) Committed a crime defined in § 22-16-4, 22-16-7, 22-16-15, 22-16-20, 22-22-1, 22-22-24.3, 22-22A-2, 22-22A-3, 26-10-1, or subdivision 22-19-1(5), 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;
(2) Aided or abetted, attempted, conspired, or solicited to commit a crime defined in § 22-16-4, 22-16-7, 22-16-15, or 22-16-20 or the law or ordinance of another jurisdiction having
elements similar to an offense described by any of those statutes;
(3) Committed a crime defined in § 22-18-1.1, 22-22-7, or subdivision 22-23-2(2) against
the child or another child of such parent, or committed conduct described by that section
those sections that violated the law or ordinance of another jurisdiction having elements
similar to the offense described by that section those sections;
(3)(4) 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 six 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;
(4)(5) 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;
(5)(6) Has had parental rights to another child involuntarily terminated by a prior legal proceeding;
(6)(7) Has a documented history of abuse and neglect associated with chronic alcohol or drug
abuse;
(7)(8) 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 was adjudicated abused and neglected by
a court on at least one previous occasion;
(8)(9) Has exposed the child to or demonstrated an inability to protect the child from substantial
harm or the risk of substantial harm, 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 the child was removed; or
(9)(10) Has exposed the child to or demonstrated an inability to protect the child from
substantial harm or risk of harm resulting from a crime, act, or omission as specified
in subdivision (1), (2), or (3) of this section; or
(11) Is required to register as a sex offender pursuant to chapter 22-24B.