This informational guide reviews state laws that detail the specific circumstances that must be present when a court terminates the legal parent-child relationship.
In South Dakota, the grounds for involuntary termination of parental rights are outlined in the South Dakota Codified Laws, specifically in Chapter 26-8A-28. These grounds serve as the legal basis for a court to permanently sever the parent-child relationship when it is determined that it is in the best interest of the child's welfare. There are several types of grounds for the involuntary termination of parental rights in South Dakota, including: 1. Abandonment: If a parent has willfully deserted or abandoned their child for a prolonged period without providing reasonable support or showing any interest in the child's well-being, it can be grounds for termination. 2. Neglect or abuse: If a parent has repeatedly neglected or physically, emotionally, or sexually abused the child, the court may terminate their parental rights to protect the child from further harm. 3. Conviction of certain crimes: If a parent has been convicted of certain serious crimes such as murder, manslaughter, or sexual assault against the child or another child, it can be grounds for termination. 4. Substance abuse: If a parent's substance abuse issues consistently endanger the child's safety and well-being, it may be grounds for termination. This includes situations where the parent has failed to seek or complete recommended treatment programs. 5. Mental illness or incapacity: If a parent's mental illness or incapacity poses a significant risk of harm to the child and there are no reasonable prospects for improvement, it can be grounds for termination. 6. Failure to support or maintain contact: If a parent fails to provide financial support for the child without sufficient cause or has not maintained regular and meaningful contact with the child, it can be considered as grounds for termination. 7. Voluntary relinquishment: In some cases, a parent may voluntarily choose to terminate their parental rights if they believe it is in the best interest of the child. This can occur through a formal process in which the parent voluntarily surrenders their rights. It is important to note that the court's main focus these proceedings is always the best interest of the child involved. Termination of parental rights is a serious action that is typically taken as a last resort when it is determined that the child's safety, welfare, and well-being would be better protected without the parent's involvement.
