reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05 - Parent And Child › Section 25-5-29 - Person other than parent permitted to seek custody of child--Parent's presumptive right to custody--Rebuttal.

25-5-29. Person other than parent permitted to seek custody of child--Parent's presumptive right to custody--Rebuttal.
Except for proceedings under chapter 26-7A, 26-8A, 26-8B, or 26-8C, the court may allow any person other than the parent of a child to intervene or petition a court of competent jurisdiction for custody or visitation of any child with whom he or she has served as a primary caretaker, has closely bonded as a parental figure, or has otherwise formed a significant and substantial relationship. It is presumed to be in the best interest of a child to be in the care, custody, and control of the child's parent, and the parent shall be afforded the constitutional protections as determined by the United States Supreme Court and the South Dakota Supreme Court. A parent's presumptive right to custody of his or her child may be rebutted by proof:
(1)That the parent has abandoned or persistently neglected the child;
(2)That the parent has forfeited or surrendered his or her parental rights over the child to any person other than the parent;
(3)That the parent has abdicated his or her parental rights and responsibilities; or
(4)That other extraordinary circumstances exist which, if custody is awarded to the parent, would result in serious detriment to the child.
Source:
SL 2002, ch 126, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05 - Parent And Child › Section 25-5-30 - Circumstances suggesting serious detriment to child.

25-5-30. Circumstances suggesting serious detriment to child.
Serious detriment to a child may exist whenever there is proof of one or more of the following extraordinary circumstances:
(1)The likelihood of serious physical or emotional harm to the child if placed in the parent's custody;
(2)The extended, unjustifiable absence of parental custody;
(3)The provision of the child's physical, emotional, and other needs by persons other than the parent over a significant period of time;
(4)The existence of a bonded relationship between the child and the person other than the parent sufficient to cause significant emotional harm to the child in the event of a change in custody;
(5)The substantial enhancement of the child's well-being while under the care of a person other than the parent;
(6)The extent of the parent's delay in seeking to reacquire custody of the child;
(7)The demonstrated quality of the parent's commitment to raising the child;
(8)The likely degree of stability and security in the child's future with the parent;
(9)The extent to which the child's right to an education would be impaired while in the custody of the parent; or
(10)Any other extraordinary circumstance that would substantially and adversely impact the welfare of the child.
Source:
SL 2002, ch 126, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05 - Parent And Child › Section 25-5-31 - No right created on behalf of stepparent.

25-5-31. No right created on behalf of stepparent.
Nothing in §25-5-29 creates any right on behalf of a stepparent to seek custody or visitation with a stepchild who has lived with that stepparent merely because the stepparent was married to or living with the child's parent.
Source:
SL 2002, ch 126, §3.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05 - Parent And Child › Section 25-5-32 - Parental rights need not be terminated if custody awarded to person other than parent.

25-5-32. Parental rights need not be terminated if custody awarded to person other than parent.
If a court determines that a person other than a parent should be awarded custody or visitation, the court need not terminate either parent's parental rights over the child. A judgment awarding to a person other than a parent custodial rights may award the parent visitation rights with the child.
Source:
SL 2002, ch 126, §4.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05 - Parent And Child › Section 25-5-33 - Child support, parent's duty to provide for child when custody awarded to person other than parent.

25-5-33. Child support, parent's duty to provide for child when custody awarded to person other than parent.
If a court awards a person other than a parent custodial rights to a child, the court may set child support in whatever amount it deems appropriate, and notwithstanding the provisions of any other statute to the contrary, may waive the parent's duty to provide monetary or other support for his or her child.
Source:
SL 2002, ch 126, §5.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05 - Parent And Child › Section 25-5-34 - Applicability of §§ 25-5-29 to 25-5-34.

25-5-34. Applicability of §§25-5-29 to 25-5-34.
It is the express legislative intent that §§25-5-29 to 25-5-34, inclusive, apply to all pending matters involving disputed custody of a child between a parent and a person other than a parent meeting the standing provisions of §25-5-29, and all subsequent custody disputes involving a person other than a parent.
Source:
SL 2002, ch 126, §6.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05 - Parent And Child › Section 25-5-35 - Breastfeeding permitted in certain locations.

25-5-35. Breastfeeding permitted in certain locations.
A mother may breastfeed her child in any location, public or private, where the mother and child are otherwise authorized to be present as long as the mother is in compliance with all other state and municipal laws. However, no municipality may outright ban breast feeding in public places.
Source:
SL 2015, ch 145, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-1 - Definition of terms.

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 as, the biological father or a possible biological father of a child, and whose paternity of the child has not been judicially determined.
Source:
SL 1971, ch 165, §1; SL 1972, ch 154, §6; SL 1973, ch 163, §1; SL 1995, ch 143, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-2 - Purposes of termination procedure.

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, may be initiated whenever it appears that the parent or parents of any child desires to relinquish such parental rights.
Source:
SL 1971, ch 165, §3; SL 1973, ch 163, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-3 - Parent entitled to petition for termination.

25-5A-3. Parent entitled to petition for termination.
A petition for the voluntary termination of parental rights may be filed by a parent.
Source:
SL 1971, ch 165, §4; SL 1973, ch 163, §7.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-4 - Waiting period for filing petition.

25-5A-4. Waiting period for filing petition.
No petition may be filed under this chapter prior to five days after the birth of the child.
Source:
SL 1971, ch 165, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-5 - Circuit court jurisdiction--Venue.

25-5A-5. Circuit court jurisdiction--Venue.
The circuit court shall have jurisdiction of proceedings under this chapter to terminate parental rights. A petition for voluntary termination of parental rights may be filed in the circuit court for any of the following counties:
(1)The county in which the petitioner resides;
(2)The county of the location of the authorized agency having care, custody, or control, whether legal or physical, of the child involved;
(3)The county in which the child involved resides or is present.
Source:
SL 1971, ch 165, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-6 - Verified petition--Contents.

25-5A-6. Verified petition--Contents.
The petition for the voluntary termination of parental rights under this chapter shall be verified and contain the:
(1)Name and place of residence of the petitioner or petitioners;
(2)Name, sex, race, citizenship, and date of birth of the child;
(3)Relationship of the petitioner or petitioners to the child;
(4)Name, address, race, religion, and citizenship of the parent or parents of the child;
(5)Reasons for desiring the termination of parental rights;
(6)Name and address of the person or persons or of the authorized agency to whom or to which parental rights are sought to be transferred;
(7)Consent of the petitioner or petitioners to the termination of parental rights;
(8)Consent executed by the person or persons or authorized agency to whom or to which parental rights are to be transferred;
(9)Statement that no temporary assistance for needy families benefits were ever received on behalf of the minor child from the State of South Dakota or any other state.
Source:
SL 1971, ch 165, §5; SL 1973, ch 163, §3; SL 1995, ch 143, §3.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-7 - Consent not invalidated by minority.

25-5A-7. Consent not invalidated by minority.
If the individual in whom the right exists under this chapter to petition or to execute waivers or consents has not reached majority, this fact shall not affect the validity of such petition, consent or waiver notwithstanding any statutory provisions to the contrary.
Source:
SL 1971, ch 165, §10.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-7.2 - Medical and social history form required prior to termination--Filing--Copy available to adoptive parent--Failure to comply does not void termination.

25-5A-7.2. Medical and social history form required prior to termination--Filing--Copy available to adoptive parent--Failure to comply does not void termination.
Prior to the giving of consent to voluntary termination of parental rights, the parent shall complete a medical and social history form which shall be supplied by the Department of Social Services. When completed such form shall be filed with the court of the state where the medical history portion of the adoption proceedings shall take place. A copy of the completed form shall be made available to the adoptive parent prior to finalization of the adoption and to the adoptee upon reaching the age of eighteen years upon written request and proper proof of identification. No voluntary termination of parental rights heretofore or hereafter entered by any circuit court is void or inoperative due to failure to comply with this section.
Source:
SL 1977, ch 205, §3; SL 1982, ch 193; SL 1994, ch 196, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-7.3 - Rules and regulations adopted by department for securing medical and social history.

25-5A-7.3. Rules and regulations adopted by department for securing medical and social history.
The Department of Social Services shall adopt rules and regulations pursuant to chapter 1-26 to carry out §25-5A-7.2. Such rules and regulations shall only provide for securing the minimum amount of information to adequately describe the physical, social, and medical background and history of the minor child.
Source:
SL 1977, ch 205, §5.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-7.4 - Violation of medical and social history provisions as misdemeanor involving moral turpitude.

25-5A-7.4. Violation of medical and social history provisions as misdemeanor involving moral turpitude.
Any violation of §25-5A-7.2 shall be a Class 1 misdemeanor and shall be considered a misdemeanor involving moral turpitude.
Source:
SL 1977, ch 205, §6.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-8 - Hearing procedure.

25-5A-8. Hearing procedure.
The hearing procedure under this chapter shall be as provided in §§25-5A-9 to 25-5A-16, inclusive.
Source:
SL 1971, ch 165, §6.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-9 - Time and place of hearing--Notice.

25-5A-9. Time and place of hearing--Notice.
If a petition for the voluntary termination of parental rights is filed, the court shall set a date for a hearing thereon, and shall cause notice of the time, place, and purpose of the hearing to be served upon the parent or parents. No such notice is necessary if a waiver executed by the parent or parents has been filed with the petition. The court may require notice to be served upon any other person or organization and shall require notice to be served upon the Department of Social Services if the petition indicated that temporary assistance for needy families benefits were ever received on behalf of the minor child in accordance with subdivision 25-5A-6(9). Any failure to provide notice to the Department of Social Services pursuant to this section does not invalidate the proceedings.
Source:
SL 1971, ch 165, §6 (1); SL 1995, ch 143, §4.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-11 - Service of notice in person or by publication--Time of service.

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 within the state and may be served upon such person, if without the state, by like personal service or by publication as provided in §25-5A-12. Such service, whether personally or by publication, shall be made at least five days prior to the time for hearing.
Source:
SL 1971, ch 165, §6 (6); SL 1973, ch 164, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-12 - Service by publication and mail.

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, §6 (4); SL 1973, ch 164, §2; SL 1991, ch 217, §168.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-13 - Private hearings--Opening to public.

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).
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-14 - Personal presence of parent required--Appearance by telephone--Power of attorney--Indian Child Welfare Act.

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 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 January1, 2005, if applicable.
Source:
SL 1971, ch 165, §6 (2); SL 1974, ch 175; SL 1997, ch 151, §1; SL 2005, ch 133, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-15 - Hearings informal--Best interest of child.

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).
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-16 - Determination that petitioners know consequences.

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).
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-18 - Order terminating parental rights--Consent to adoption--Child support arrearages.

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 that the termination of parental rights and the transfer of parental rights to be in the best interests of the child, and finds that the petitioner or petitioners are fully aware of the purpose of the proceedings and the consequences of their act, the court shall make an order terminating all parental rights and obligations in the parent or parents in which they have existed and releasing the child from all legal obligations to the parents, even though the proceeding for termination is brought by only one parent. The court shall also order that the parental rights are transferred to some other person or persons, or authorized agency as may, in the opinion of the court, be best qualified to receive them. The order may contain the power by the person or persons or authorized agency to consent to the adoption of the child, as provided for in §25-6-12, without further notice to the child's parent or parents or any other person having parental rights over the child. The court may specifically terminate the parental rights of all parents and putative fathers regardless of whether they are personally present in court except as required in §25-5A-14. Any existing child support arrearages shall be addressed by the court in the order terminating parental rights.
Source:
SL 1971, ch 165, §7; SL 1995, ch 143, §2; SL 1996, ch 164, §1; SL 2013, ch 119, §19.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-19 - Order conclusive--Appeal to supreme court.

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 taken in the manner provided in chapter 15-26A. Initials shall appear in place of the name of the child on the record on appeal.
Source:
SL 1971, ch 165, §8; SL 1991, ch 217, §169.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-20 - Records confidential.

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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-21 - Remedy cumulative.

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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-22 - Counseling before termination of parental rights.

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 as defined in §36-26-17, a licensed counselor, or a licensed psychologist, each of whom must have at least two years of experience in adoption practice.
Source:
SL 1994, ch 197, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-23 - Scope of counseling.

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 others, and the birthparent is not under the influence of any substance which affects judgment;
(2)Discussion of the alternatives and resources available, the permanency of the decision, the emotional issues involved in termination, and the legal rights of a birthparent to legal counsel, if indicated; and
(3)Assessment of the ability of the birthparent to understand the consequences of the decision.
Source:
SL 1994, ch 197, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-24 - Written report of counseling--Copy to Department of Social Services.

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 each of the points listed in §25-5A-24 were covered and fully understood;
(2)Identifying information of the birthparent, which includes the full name, address, and birth date of the birthparent; a summary of social history of the birthparent; and the reason for relinquishment;
(3)The name, address, agency affiliation, or credentials of the social worker;
(4)The dates and number of hours that counseling occurred;
(5)The total number of hours of counseling;
(6)Documentation of the discussion of the topics listed in §25-5A-23;
(7)Documentation of efforts to locate the alleged, legal, or presumed father or birthmother and the cooperation or lack of cooperation of that parent;
(8)The cost of the counseling and who has or is expected to pay for the counseling.
Source:
SL 1994, ch 197, §3; SL 1996, ch 165.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-25 - Failure to receive counseling.

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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-26 - Termination of parental rights--Validated--Limitation on claims.

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 of parental rights finalized, that person shall initiate any action to enforce such right or claim no later than two years of the date when the proceeding is finalized.
Source:
SL 1994, ch 198; SL 2000, ch 116, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-27 - Voluntary delivery of child 60 days of age or younger--Actions to protect child authorized.

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 parent and the parent does not express an intent to return for the child. Any provider or agency who takes possession of a child pursuant to this section shall perform any act necessary to protect the physical health and safety of the child.
Source:
SL 2001, ch 132, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-28 - Delivery of unharmed child not a crime.

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.
Source:
SL 2001, ch 132, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-29 - Termination of parental rights to delivered child.

25-5A-29. Termination of parental rights to delivered child.
If a parent of a child relinquishes custody of the child to an emergency medical services provider or a licensed child placement agency as provided in §25-5A-27, then, after fourteen days, by operation of law:
(1)All of that parent's rights with respect to the child are terminated; and
(2)The child becomes a ward of the state or licensed child placement agency.
Source:
SL 2001, ch 132, §3.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-30 - Questions concerning child's medical history--No parental obligation to provide information.

25-5A-30. Questions concerning child's medical history--No parental obligation to provide information.
Any emergency medical services provider or licensed child placement agency that accepts custody of a child pursuant to §25-5A-27 may ask the child's parent for pertinent medical information relating to the child's medical history. However, the parent leaving the child is not required to provide any information, including the name of the parents.
Source:
SL 2001, ch 132, §4.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-31 - No liability for entity accepting custody of delivered child.

25-5A-31. No liability for entity accepting custody of delivered child.
Any emergency medical services provider or licensed child placement agency that accepts physical custody of a child pursuant to §25-5A-27 is immune from civil, criminal, and administrative liability for any act of commission or omission in connection with the acceptance of that custody or the provision of care for the child while the child is in the provider's or agency's custody.
Source:
SL 2001, ch 132, §5.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-32 - Notification to Department of Social Services upon possession of child--Assumption of care, custody and control of child--Investigation of parent restricted.

25-5A-32. Notification to Department of Social Services upon possession of child--Assumption of care, custody and control of child--Investigation of parent restricted.
The emergency medical services provider or a licensed child placement agency shall immediately notify the Department of Social Services that the provider or agency has taken possession of the child. The department or licensed child placement agency shall assume the care, custody, and control of the child immediately upon receipt of the notice. However, a licensed child placement agency that has taken possession of a child may assume the care, custody, and control of the child. The department or licensed child placement agency may not attempt to identify, contact, or investigate the parent who voluntarily delivered the child to an emergency medical services provider or a licensed child placement agency unless it appears the child has been harmed.
Source:
SL 2001, ch 132, §6.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-33 - Provisions for custody action by nonrelinquishing parent.

25-5A-33. Provisions for custody action by nonrelinquishing parent.
If one parent of a child relinquishes custody of the child to an emergency medical services provider or a licensed child placement agency as provided in §25-5A-27, the other parent may file an action for custody of the child. The nonrelinquishing parent shall file such an action within thirty days after the provider or agency accepts custody of the child from the relinquishing parent. In such an action, the nonrelinquishing parent shall prove the following by a preponderance of the evidence:
(1)He or she is the parent of the child; and
(2)He or she did not consent to relinquishment of the child's custody to the provider or agency.
Source:
SL 2001, ch 132, §7.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-34 - Emergency medical services provider defined.

25-5A-34. Emergency medical services provider defined.
For the purposes of §§25-5A-27 to 25-5A-35, inclusive, an emergency medical services provider is a licensed health care facility or a clinic, any agent of a licensed health care facility or a clinic, a law enforcement officer, an emergency medical technician, or a firefighter.
Source:
SL 2001, ch 132, §8.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-35 - Parental rights termination hearing for voluntarily delivered child.

25-5A-35. Parental rights termination hearing for voluntarily delivered child.
Sixty days after the emergency medical services provider or licensed child placement agency takes possession of the child a hearing shall be held in circuit court to terminate parental rights.
Source:
SL 2001, ch 132, §9; SL 2004, ch 2, §7.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 05A - Voluntary Termination Of Parental Relations › Section 25-5A-36 - Due regard to be afforded Indian Child Welfare Act.

25-5A-36.Due regard to be afforded Indian Child Welfare Act.
Due regard shall be afforded to the Indian Child Welfare Act (25 U.S. C. §§1901-1963), as amended to January 1, 2004, if that Act is applicable.
Source:
SL 2004, ch 2, §8.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-1 - Adoption of illegitimate child by acknowledgment and conduct of father--Legitimation from birth.

25-6-1. Adoption of illegitimate child by acknowledgment and conduct of father--Legitimation from birth.
The father of an illegitimate child by publicly acknowledging it as his own, receiving it as such into his family, with the consent of his wife if he is married and otherwise treating it as if it were a legitimate child, thereby adopts it as such, and such child is thereupon deemed for all purposes legitimate from the time of its birth. The other provisions of law relating to adoption shall not apply in such cases.
Source:
SDC 1939, §14.0408.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-1.1 - Father of illegitimate child not entitled to notice unless acknowledged.

25-6-1.1. Father of illegitimate child not entitled to notice unless acknowledged.
Notwithstanding any other provision of law or court rule the father of an illegitimate child shall, as a requirement of due process, have no rights to the service of process in adoption, dependency, delinquency, or termination of parental rights proceedings unless he is known and identified by the mother or unless he, prior to the entry of a final order, in any of the three proceedings, shall have acknowledged the child as his own by affirmatively asserting paternity, within sixty days after the birth of the child:
(1)As outlined in §25-6-1; or
(2)By causing his name to be affixed to the birth certificate as provided by §34-25-13.2; or
(3)Otherwise by commencing a judicial proceeding claiming a parental right.
Source:
SL 1974, ch 176.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-2 - Adoption of minor child permitted--Minimum difference in ages--Best interests of child.

25-6-2. Adoption of minor child permitted--Minimum difference in ages--Best interests of child.
Any minor child may be adopted by any adult person. However, the person adopting the child shall be at least ten years older than the child adopted unless the court finds the adoption of the child by the adult person in the best interest of the child.
In an adoption proceeding or in any proceeding that challenges an order of adoption or order terminating parental rights, the court shall give due consideration to the interests of the parties to the proceedings, but shall give paramount consideration to the best interests of the child.
Source:
SDC 1939, §14.0401; SL 1994, ch 199; SL 2018, ch 158, §1, eff. Feb. 27, 2018.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-3 - Consent of spouse required for adoption.

25-6-3. Consent of spouse required for adoption.
A married man not lawfully separated from his wife cannot adopt a child without the consent of his wife, nor can a married woman, not thus separated from her husband, without his consent, provided the husband or wife not consenting is capable of giving such consent.
Source:
SDC 1939, §14.0402.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-4 - Consent of child's parents required for adoption--Court waiver of consent.

25-6-4. Consent of child's parents required for adoption--Court waiver of consent.
No child may be adopted without the consent of the child's parents. However, if it is in the best interest of the child, the court may waive consent from a parent or putative father who:
(1)Has been convicted of any crime punishable by imprisonment in a state correctional facility for a period that, in the opinion of the court, will deprive the child of the parent's companionship for a critical period of time;
(2)Has, by clear and convincing evidence, abandoned the child for six months or more immediately prior to the filing of the petition;
(3)Has substantially and continuously or repeatedly neglected the child and refused to give the child necessary parental care and protection;
(4)Being financially able, has willfully neglected to provide the child with the necessary subsistence, education, or other care necessary for the child's health, morals, or welfare or has neglected to pay for such subsistence, education, or other care if legal custody of the child is lodged with others and such payment ordered by the court;
(5)Is unfit by reason of habitual abuse of intoxicating liquor or narcotic drugs;
(6)Has been judicially deprived of the custody of the child, if the adjudication is final on appeal to the court of last resort or the time for an appeal has expired;
(6A)Has caused the child to be conceived as a result of rape or incest; or
(7)Does not appear personally or by counsel at the hearing to terminate parental rights after notice pursuant to §§25-5A-11 and 25-5A-12 which was received at least fifteen days prior to the hearing.
Source: SDC 1939, §14.0403; SL 1973, ch 163, §4; SL 1984, ch 188; SL 1996, ch 164, §2; SL 1997, ch 152, §1; SL 2006, ch 139, §1; SL 2018, ch 159, §1; SL 2023, ch 82, §94.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-4.1 - Compelling, coercing, or forcing adoption as felony.

25-6-4.1. Compelling, coercing, or forcing adoption as felony.
It shall be unlawful to compel, coerce, or force by any means, any person to release, sell, place, relinquish, or give up for adoption any minor child. A violation of this section shall be a Class 6 felony.
Source:
SL 1977, ch 205, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-4.2 - Offering, giving, or receiving unauthorized consideration for adoption as felony.

25-6-4.2. Offering, giving, or receiving unauthorized consideration for adoption as felony.
Any person who offers, gives, or receives any money or other consideration or thing of value in connection with the placing of any child for adoption, or relating to the consent to adoption, or with the petition for adoption except such charges as are approved by the court and fees charged by agencies licensed pursuant to chapter 26-6, is guilty of a Class 6 felony.
Source:
SL 1977, ch 205, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-6 - Jurisdiction of circuit court--Appeal.

25-6-6. Jurisdiction of circuit court--Appeal.
The circuit court is vested with the jurisdiction to hear, try, and determine all matters relative to the adoption of children, subject to the right of appeal in the same form and manner as appeals are taken from the circuit court.
Source:
SDC 1939, §14.0405; SL 1951, ch 42, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-7 - Venue of adoption proceedings.

25-6-7. Venue of adoption proceedings.
The circuit court for the county of the child's legal residence or of the adopting parent's legal residence according to where petition is first filed shall have the original jurisdiction.
Source:
SDC 1939, §14.0405; SL 1951, ch 42, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-8 - Joinder of proceedings as to two or more children--Separate orders required.

25-6-8. Joinder of proceedings as to two or more children--Separate orders required.
The adoption of two or more children by the same adopting parent or parents may be included in one proceeding, provided, that a separate order of adoption shall be made and filed by the court as to each child adopted.
Source:
SDC 1939, §14.0405 as added by SL 1951, ch 42, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-9 - Period of residence in home required before petition granted.

25-6-9. Period of residence in home required before petition granted.
No petition for adoption shall be granted until the child shall have lived within the proposed foster home for a period of at least six months.
Source:
SDC 1939, §14.0406; SL 1945, ch 47, §1; SL 1947, ch 54.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-9.1 - Home study report—Requirement--Cost.

25-6-9.1. Home study report––Requirement––Cost.
A person may not place a child in a home for adoption until a home study has been completed by a licensed child placement agency, as defined in §26-6-14, the Department of Social Services, or a certified social worker eligible to engage in private independent practice, as defined in §36-26-17. Any person who submitted home studies under this section or under §26-4-15 prior to July 1, 1990, may continue to submit home study reports without meeting the above requirements.
A home study must include a fingerprint-based criminal record check completed by the Division of Criminal Investigation and a central registry screening completed by the Department of Social Services.
A child who is in the custody of the Department of Social Services may not be placed in a home for adoption until a fingerprint-based criminal record check has been completed by the Federal Bureau of Investigation, for each adopting parent.
The cost of a home study required under this section is the responsibility of the Department of Social Services. The necessary funding must be budgeted and expended through the general appropriations act, pursuant to chapter 4-7. The Department shall make rules pursuant to chapter 1-26 to establish a cap on the cost to be reimbursed.
Any person who violates this section is guilty of a Class 1 misdemeanor.
Source: SL 1986, ch 214, §§2, 3; SL 1990, ch 185, §1; SL 1992, ch 180, §1; SL 2002, ch 116, §2; SL 2003, ch 145, §1; SL 2007, ch 156, §1; SL 2008, ch 130, §1; SL 2022, ch 79, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-9.2 - Effective date.

25-6-9.2. Effective date.
The provisions of §§25-6-9.1 and 25-6-15 apply to any child placement made after July 1, 1986.
Source:
SL 1986, ch 214, §4.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-10 - Time of hearing on petition fixed--Investigation ordered by court.

25-6-10. Time of hearing on petition fixed--Investigation ordered by court.
Whenever a person, or a husband and wife jointly, petition the circuit court for leave to adopt a minor child, the judge of the circuit court shall fix a time for hearing not less than ten days from the filing of such petition. The petition may be filed with the circuit court before the six-month period required by §25-6-9 has passed. The circuit court may, in the case of a stepparent adopting a stepchild, and shall in all other cases, direct a court services officer or other officer of the court or an agent of the Department of Social Services or some other discreet and competent person to make a careful and thorough investigation of the matter and report such findings in writing to the court. A history of any previous child support obligations of each prospective adoptive parent shall be included in the investigative report.
Source:
SDC 1939, §14.0406; SL 1945, ch 47, §1; SL 1947, ch 54; SL 1979, ch 167, §1; SL 1990, ch 186; SL 2000, ch 117, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-11 - Notice to Department of Social Services--Recommendation of department--Appearance.

25-6-11. Notice to Department of Social Services--Recommendation of department--Appearance.
Upon the filing of a petition for the adoption of a minor child the petitioner therein shall notify the Department of Social Services, by mailing to the department a copy of the petition. The petitioner also shall notify the department of the date fixed for hearing the petition, or mail to the department a copy of the order fixing the date of the hearing. The department shall make a recommendation as to the desirability of the adoption. The department may appear in any procedure the same as the party in interest, and may request a postponement of hearing on the petition in the event more time is needed for its investigation. This section only applies to a child in the custody of the department.
Source:
SL 1939, ch 168, §10; SDC Supp 1960, §55.3715; SL 1979, ch 167, §2; SL 1979, ch 168; SL 2007, ch 156, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-12 - Execution of consent and agreement by parties--Appearances at hearing.

25-6-12. Execution of consent and agreement by parties--Appearances at hearing.
Before the hearing on a petition for adoption, the person adopting a child, the child adopted, and the other persons whose consent is necessary, shall execute their consent in writing, and the person adopting shall execute an agreement to the effect that the child adopted shall be treated in all respects as his or her own. The consent forms and the agreement of the person adopting shall be filed with the court. At the time of the hearing on the petition, the person adopting a child and the child to be adopted shall appear in court or by other means as may be allowed by the court. All persons whose consent is necessary, except the child and the person adopting the child, unless a different means of appearance is allowed by the court, may appear by a person filing with the court a power of attorney, or a guardian may appear on behalf of the child, or a duly incorporated home or society for the care of dependent or neglected children may by its authorized officer or agent, consent to the adoption of a child surrendered to such home or society by a court of competent jurisdiction. The Department of Social Services may appear in court and consent to the adoption of a child surrendered to it by any court of competent jurisdiction, or, if the department has custody of a child by written agreement of a parent or parents with power of attorney to consent to adoption, by the officer of the department holding such power of attorney.
Source:
SDC 1939, §14.0406; SL 1945, ch 47, §1; SL 1947, ch 54; SL 1973, ch 165; SL 1989, ch 219; SL 1993, ch 213, §117; SL 2012, ch 142, §1.