CHAPTER 167
(HB 1153)
Child abuse statutory references corrected.
ENTITLED, An Act to
revise certain references regarding the reunification of an abused or
neglected child with a parent and regarding grounds for termination of parental rights and
regarding the operation of the central registry for abuse and neglect.
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,
22-16-9,
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)
Committed a crime defined in § 22-18-1.1 against the child or another child of such
parent, or committed conduct described by that section that violated the law or
ordinance of another jurisdiction having elements similar to the offense described by
that section;
(3)
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)
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)
Has had parental rights to another child involuntarily terminated by a prior legal
proceeding;
(6)
Has a documented history of abuse and neglect associated with chronic alcohol or drug
abuse;
(7)
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)
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)
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.
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,
22-16-9,
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)
Committed a crime defined in § 22-18-1.1 against the child or another child of such
parent, or committed conduct described by that section that violated the law or
ordinance of another jurisdiction having elements similar to the offense described by
that section;
(3)
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)
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)
Has had parental rights to another child involuntarily terminated by a prior legal
proceeding;
(6)
Has a documented history of abuse and neglect associated with chronic alcohol or drug
abuse;
(7)
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)
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)
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.
Section
3.
That
§
26-8A-12
be amended to read as follows:
26-8A-12.
The secretary of social services may adopt reasonable and necessary rules for the
operation of the central registry for abuse and neglect, including the following:
(1)
Filing of reports;
(2)
Procedures for provision of notice to the subject of a report;
(3)
Amendment and expunction;
(4)
Release of information from the registry;
(5)
Statistical information; and
(6)
Provisions for the keeping and maintenance of records and the type of information
placed into the central registry.
However, the secretary may not adopt any rule which would permit the removal from the
central registry for abuse and neglect of any person who has been convicted of any violation of
chapter 22-22
, chapter 22-24A,
§
22-22A-3,
or § 26-10-1
,
if the victim of such crime was a child.
Signed February 23, 2007