25-5A-1. Definition of terms. Terms in this chapter mean: (1)”Authorized agency,” the Department of Social Services of South Dakota or any agency licensed by the department to place children for adoption; (2)”Child,” any minor; (3)”Parents,” the mother and father, if living, of a child; (4)”Putative father,” any person who claims to be, or is named […]
25-5A-11. Service of notice in person or by publication–Time of service. A notice required pursuant to §25-5A-9, may be served by any person authorized by the laws of this state to serve a summons in a civil action. Such notice shall be personally served upon every person required to be served if such person resides […]
25-5A-12. Service by publication and mail. If the court finds that personal service as provided in §25-5A-11 cannot be accomplished, the court shall publish notice of the time, place, and purpose of the hearing as provided in §26-7A-48. The form and wording of notice shall be prescribed by the court. Source: SL 1971, ch 165, […]
25-5A-13. Private hearings–Opening to public. All hearings shall be held before the court, privately, but for reasons appearing sufficient to the court, the hearing in any particular case may be made public. Source: SL 1971, ch 165, §6 (7).
25-5A-14. Personal presence of parent required–Appearance by telephone–Power of attorney–Indian Child Welfare Act. The personal presence of one parent at the hearing is required for jurisdictional purposes. However, 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 […]
25-5A-15. Hearings informal–Best interest of child. Hearings shall be informal in nature and the best interest of the child shall be considered paramount. Source: SL 1971, ch 165, §6 (5).
25-5A-16. Determination that petitioners know consequences. At the time of the hearing the court, after full and complete inquiry, shall determine whether the petitioner or petitioners are fully aware of the purpose of the proceedings and the consequences of their act. Source: SL 1971, ch 165, §6 (8).
25-5A-17. Record of proceedings. The court shall make a verbatim record of all proceedings under this chapter. Source: SL 1971, ch 165, §11.
25-5A-18. Order terminating parental rights–Consent to adoption–Child support arrearages. Upon proof of the notice required by §25-5A-9 and personal service as required by §§25-5A-11 and 25-5A-12 to all parents and putative fathers of a child, if, after the court determines that the parents have consented or have waived consent pursuant to §25-6-4, the court finds […]
25-5A-19. Order conclusive–Appeal to supreme court. Any order entered under this chapter is conclusive and binding on all parties. However, an appeal may be taken to the Supreme Court from a judgment, decree, or order of the circuit court under this chapter within thirty days from the date of its filing. The appeal shall be […]
25-5A-2. Purposes of termination procedure. The procedure for the voluntary termination of parental rights for the purpose of adoption or, if a suitable adoption plan cannot be effected, for the purpose of providing for the care of the child by some other plan which may or may not contemplate the continued possibility of eventual adoption, […]
25-5A-20. Records confidential. The files and records of the court in proceedings under this chapter, and all matters therein, shall remain confidential and shall not be open to inspection or copy by any person, except under order of the court expressly permitting inspection or copy. Source: SL 1971, ch 165, §9.
25-5A-21. Remedy cumulative. This chapter shall not be treated or construed as exclusive of any other remedy authorized by law but as cumulative merely. Source: SL 1971, ch 165, §12.
25-5A-22. Counseling before termination of parental rights. Any birthparent who plans to petition the court for the voluntary termination of parental rights shall obtain counseling regarding the termination from a licensed child-placement agency as defined in §26-6-14, the Department of Social Services, or either a certified social worker eligible to engage in private independent practice […]
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 […]
25-5A-24. Written report of counseling–Copy to Department of Social Services. A written report of the counseling shall be submitted directly to the court, and a copy shall be mailed to the Department of Social Services. The report shall contain the following information regarding the birthparent counseled: (1)A statement signed by the birthparent that certifies that […]
25-5A-25. Failure to receive counseling. Failure to comply with §§25-5A-22 to 25-5A-24, inclusive, may not be considered a basis for setting aside a voluntary termination of parental rights or an adoption. Source: SL 1994, ch 197, §4.
25-5A-26. Termination of parental rights–Validated–Limitation on claims. Except in any case involving fraud, any proceeding for the termination of parental rights commenced by a parent under chapter 25-5A is in all things legalized, cured, and validated two years after the proceeding is finalized. If any person has a claim or right arising from the termination […]
25-5A-27. Voluntary delivery of child 60 days of age or younger–Actions to protect child authorized. An emergency medical services provider or licensed child placement agency shall take possession of a child who appears to be sixty days of age or younger if the child is voluntarily delivered to the provider or agency by the child’s […]
25-5A-28. Delivery of unharmed child not a crime. It is not a crime for a parent to deliver a child to an emergency medical services provider or a licensed child placement agency if the child has not been harmed prior to being left with the emergency medical services provider or a licensed child placement agency. […]
