25.482.13 100th Legislative Session 1195
2025 South Dakota Legislature
House Bill 1195
HOUSE JUDICIARY ENGROSSED
Introduced by: Representative Hughes
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to revise a provision related to the termination of parental rights of a child 1
adjudicated abused or neglected. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 26-8A-26.1 be AMENDED: 4
26-8A-26.1. In addition to the provisions of § 26-8A-26, the court may find that 5
good cause exists for termination of parental rights of a parent who: 6
(1) Committed a crime defined in § 22-16-4, 22-16-7, 22-16-15, 22-16-20, 22-22-1, 7
22-22-24.3, 22-22A-2, 22-22A-3, 26-10-1, or subdivision 22-19-1(5), or 8
committed conduct described by any of those statutes that violated the in these 9
sections, in violation of a law or ordinance of another jurisdiction having elements 10
similar to an offense described by any of those statutes in these sections; 11
(2) Aided or abetted, attempted, conspired, or solicited to commit a crime defined in 12
§ 22-16-4, 22-16-7, 22-16-15, or 22-16-20, or the defined in a law or ordinance 13
of another jurisdiction having elements similar to an offense described by any of 14
those statutes in these sections; 15
(3) Committed a crime defined in § 22-18-1.1, 22-22-7, or subdivision 22-23-2(2) 16
against the child or another child of such the parent, or committed conduct 17
described by those in these sections that violated the, in violation of a law or 18
ordinance of another jurisdiction having elements similar to the offense described 19
by those sections in these sections; 20
(4) Has been determined by a court by clear and convincing evidence to have subjected 21
the child or another child to torture, sexual abuse, abandonment for at least six 22
months, chronic physical, mental, or emotional injury, or chronic neglect, if the 23
neglect was a serious threat to the safety of the child or another child; 24 25.482.13 2 1195
Underscores indicate new language.
Overstrikes indicate deleted language.
(5) Is incarcerated and is unavailable to care for the child during a significant period 1
of the child's minority, considering the child's age and the child's need for care by 2
an adult; 3
(6) Has had parental rights to another child involuntarily terminated by a prior legal 4
proceeding; 5
(7) Has a documented history of abuse and neglect associated with chronic alcohol or 6
drug abuse; 7
(8) Has exposed the child to or demonstrated an inability to protect the child from 8
substantial harm or the risk of substantial harm, and the child or another child has 9
been removed from the parent's custody because the removed child was 10
adjudicated abused and neglected by a court on at least one previous occasion; 11
(9) Has exposed the child to or demonstrated an inability to protect the child from 12
substantial harm or the risk of substantial harm, the child has been removed from 13
the parent's custody on two separate occasions, and the Department of Social 14
Services offered or provided family services on each of the two separate occasions 15
the child was removed; 16
(10) Has exposed the child to or demonstrated an inability to protect the child from 17
substantial harm or risk of harm resulting from a crime, act, or omission as 18
specified in subdivision (1), (2), or (3) of this section; or 19
(11) Is required to register as a sex offender pursuant to chapter 22-24B; or 20
(12) Files a petition for voluntary termination of parental rights pursuant to § 25-5A-6. 21
This subdivision only applies if: 22
(a) The court finds the voluntary termination of parental rights is in the best 23
interest of the child; and 24
(b) Due regard is afforded to the Indian Child Welfare Act (25 U.S.C. §§ 1901-25
1963), if that Act is applicable. 26