CHAPTER 133

(SB 12)

Parental rights termination, parent may appear at hearing telephonically.

         ENTITLED, An Act to  authorize a parent to appear telephonically for a hearing to voluntarily terminate parental rights.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 25-5A-14 be amended to read as follows:

     25-5A-14.   The personal presence of one parent at the hearing is required for jurisdictional purposes. However, any for good cause shown, and upon notice to any other person or authorized agency whose consent is required pursuant to §  25-5A-6, the court may permit a parent to appear telephonically if the parent is incarcerated, the parent appears telephonically in the physical presence of a law enforcement or correctional officer designated by the court to monitor the parent's appearance, and the parental rights of the other parent have been terminated or the other parent is deceased. Any other person whose consent is necessary , may appear by filing with the court a power of attorney. If the Department of Social Services or a licensed child placement agency has custody of a child by written agreement of a parent with power of attorney to consent, the secretary or an authorized agent may appear and consent. Notwithstanding the foregoing provisions of this section, due regard shall be given to the Indian Child Welfare Act (25 U.S.C. 1901 to 1963, inclusive,) as in effect on January 1, 2005, if applicable.

     Signed March 3, 2005

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