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South Dakota House Bill HB1195

South Dakota 2025 Regular Session

South Dakota House Bill HB1195 Compare Versions

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1-25.482.14 100th Legislative Session 1195
1+25.482.13 100th Legislative Session 1195
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44 2025 South Dakota Legislature
55 House Bill 1195
6-ENROLLED
7-
8-AN ACT
9-
10-
11-ENTITLED An Act to revise a provision related to the termination of parental rights
12-of a child adjudicated abused or neglected.
13-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
14-Section 1. That § 26-8A-26.1 be AMENDED:
15-26-8A-26.1. In addition to the provisions of § 26-8A-26, the court may find that
16-good cause exists for termination of parental rights of a parent who:
17-(1) Committed a crime defined in § 22-16-4, 22-16-7, 22-16-15, 22-16-20, 22-22-1,
18-22-22-24.3, 22-22A-2, 22-22A-3, 26-10-1, or subdivision 22-19-1(5), or
19-committed conduct described in these sections, in violation of a law or ordinance
20-of another jurisdiction having elements similar to an offense described in these
21-sections;
22-(2) Aided or abetted, attempted, conspired, or solicited to commit a crime defined in
23-§ 22-16-4, 22-16-7, 22-16-15, or 22-16-20, or defined in a law or ordinance of
24-another jurisdiction having elements similar to an offense described in these
25-sections;
26-(3) Committed a crime defined in § 22-18-1.1, 22-22-7, or subdivision 22-23-2(2)
27-against the child or another child of the parent, or committed conduct described in
28-these sections, in violation of a law or ordinance of another jurisdiction having
29-elements similar to the offense described in these sections;
30-(4) Has been determined by a court by clear and convincing evidence to have subjected
31-the child or another child to torture, sexual abuse, abandonment for at least six
32-months, chronic physical, mental, or emotional injury, or chronic neglect, if the
33-neglect was a serious threat to the safety of the child or another child;
34-(5) Is incarcerated and is unavailable to care for the child during a significant period
35-of the child's minority, considering the child's age and the child's need for care by
36-an adult; 25.482.14 2 1195
37-HB1195 ENROLLED
38-(6) Has had parental rights to another child involuntarily terminated by a prior legal
39-proceeding;
40-(7) Has a documented history of abuse and neglect associated with chronic alcohol or
41-drug abuse;
42-(8) Has exposed the child to or demonstrated an inability to protect the child from
43-substantial harm or the risk of substantial harm, and the child or another child has
44-been removed from the parent's custody because the removed child was
45-adjudicated abused and neglected by a court on at least one previous occasion;
46-(9) Has exposed the child to or demonstrated an inability to protect the child from
47-substantial harm or the risk of substantial harm, the child has been removed from
48-the parent's custody on two separate occasions, and the Department of Social
49-Services offered or provided family services on each of the two separate occasions
50-the child was removed;
51-(10) Has exposed the child to or demonstrated an inability to protect the child from
52-substantial harm or risk of harm resulting from a crime, act, or omission as
53-specified in subdivision (1), (2), or (3) of this section;
54-(11) Is required to register as a sex offender pursuant to chapter 22-24B; or
55-(12) Files a petition for voluntary termination of parental rights pursuant to § 25-5A-6.
56-This subdivision only applies if:
57-(a) The court finds the voluntary termination of parental rights is in the best
58-interest of the child; and
59-(b) Due regard is afforded to the Indian Child Welfare Act (25 U.S.C. §§ 1901-
60-1963), if that Act is applicable. 25.482.14 3 1195
61-HB1195 ENROLLED
62-An Act to revise a provision related to the termination of parental rights of a child adjudicated
63-abused or neglected.
64-
65-
66-
67-
68-I certify that the attached Act originated in
69-the:
70-
71-House as Bill No. 1195
72-
73-
74-
75-Chief Clerk
76-
77-
78-
79-
80-Speaker of the House
81-
82-Attest:
83-
84-
85-
86-
87-Chief Clerk
88-
89-
90-
91-
92-President of the Senate
93-
94-Attest:
6+HOUSE JUDICIARY ENGROSSED
957
968
979
9810
9911
100-Secretary of the Senate
12+Introduced by: Representative Hughes
10113
102-
103-
104-House Bill No. 1195
105-File No. ____
106-Chapter No. ______
107-
108-
109-
110-Received at this Executive Office
111-this _____ day of _____________,
112-
113-2025 at ____________M.
114-
115-
116-
117-By
118-for the Governor
119-
120-
121-The attached Act is hereby
122-approved this ________ day of
123-______________, A.D., 2025
124-
125-
126-
127-
128-
129-Governor
130-
131-STATE OF SOUTH DAKOTA ,
132-ss.
133-Office of the Secretary of State
134-
135-
136-Filed ____________, 2025
137- at _________ o'clock __M.
138-
139-
140-
141-
142-
143-Secretary of State
144-
145-
146-
147-By
148-Asst. Secretary of State
149-
150-
14+ Underscores indicate new language.
15+ Overstrikes indicate deleted language.
16+An Act to revise a provision related to the termination of parental rights of a child 1
17+adjudicated abused or neglected. 2
18+BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
19+Section 1. That § 26-8A-26.1 be AMENDED: 4
20+26-8A-26.1. In addition to the provisions of § 26-8A-26, the court may find that 5
21+good cause exists for termination of parental rights of a parent who: 6
22+(1) Committed a crime defined in § 22-16-4, 22-16-7, 22-16-15, 22-16-20, 22-22-1, 7
23+22-22-24.3, 22-22A-2, 22-22A-3, 26-10-1, or subdivision 22-19-1(5), or 8
24+committed conduct described by any of those statutes that violated the in these 9
25+sections, in violation of a law or ordinance of another jurisdiction having elements 10
26+similar to an offense described by any of those statutes in these sections; 11
27+(2) Aided or abetted, attempted, conspired, or solicited to commit a crime defined in 12
28+§ 22-16-4, 22-16-7, 22-16-15, or 22-16-20, or the defined in a law or ordinance 13
29+of another jurisdiction having elements similar to an offense described by any of 14
30+those statutes in these sections; 15
31+(3) Committed a crime defined in § 22-18-1.1, 22-22-7, or subdivision 22-23-2(2) 16
32+against the child or another child of such the parent, or committed conduct 17
33+described by those in these sections that violated the, in violation of a law or 18
34+ordinance of another jurisdiction having elements similar to the offense described 19
35+by those sections in these sections; 20
36+(4) Has been determined by a court by clear and convincing evidence to have subjected 21
37+the child or another child to torture, sexual abuse, abandonment for at least six 22
38+months, chronic physical, mental, or emotional injury, or chronic neglect, if the 23
39+neglect was a serious threat to the safety of the child or another child; 24 25.482.13 2 1195
40+ Underscores indicate new language.
41+ Overstrikes indicate deleted language.
42+(5) Is incarcerated and is unavailable to care for the child during a significant period 1
43+of the child's minority, considering the child's age and the child's need for care by 2
44+an adult; 3
45+(6) Has had parental rights to another child involuntarily terminated by a prior legal 4
46+proceeding; 5
47+(7) Has a documented history of abuse and neglect associated with chronic alcohol or 6
48+drug abuse; 7
49+(8) Has exposed the child to or demonstrated an inability to protect the child from 8
50+substantial harm or the risk of substantial harm, and the child or another child has 9
51+been removed from the parent's custody because the removed child was 10
52+adjudicated abused and neglected by a court on at least one previous occasion; 11
53+(9) Has exposed the child to or demonstrated an inability to protect the child from 12
54+substantial harm or the risk of substantial harm, the child has been removed from 13
55+the parent's custody on two separate occasions, and the Department of Social 14
56+Services offered or provided family services on each of the two separate occasions 15
57+the child was removed; 16
58+(10) Has exposed the child to or demonstrated an inability to protect the child from 17
59+substantial harm or risk of harm resulting from a crime, act, or omission as 18
60+specified in subdivision (1), (2), or (3) of this section; or 19
61+(11) Is required to register as a sex offender pursuant to chapter 22-24B; or 20
62+(12) Files a petition for voluntary termination of parental rights pursuant to § 25-5A-6. 21
63+This subdivision only applies if: 22
64+(a) The court finds the voluntary termination of parental rights is in the best 23
65+interest of the child; and 24
66+(b) Due regard is afforded to the Indian Child Welfare Act (25 U.S.C. §§ 1901-25
67+1963), if that Act is applicable. 26