25.482.14 100th Legislative Session 1195
2025 South Dakota Legislature
House Bill 1195
ENROLLED
AN ACT
ENTITLED An Act to revise a provision related to the termination of parental rights
of a child adjudicated abused or neglected.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 26-8A-26.1 be AMENDED:
26-8A-26.1. In addition to the provisions of § 26-8A-26, the court may find that
good cause exists for termination of parental rights of a parent who:
(1) Committed a crime defined in § 22-16-4, 22-16-7, 22-16-15, 22-16-20, 22-22-1,
22-22-24.3, 22-22A-2, 22-22A-3, 26-10-1, or subdivision 22-19-1(5), or
committed conduct described in these sections, in violation of a law or ordinance
of another jurisdiction having elements similar to an offense described in these
sections;
(2) Aided or abetted, attempted, conspired, or solicited to commit a crime defined in
§ 22-16-4, 22-16-7, 22-16-15, or 22-16-20, or defined in a law or ordinance of
another jurisdiction having elements similar to an offense described in these
sections;
(3) Committed a crime defined in § 22-18-1.1, 22-22-7, or subdivision 22-23-2(2)
against the child or another child of the parent, or committed conduct described in
these sections, in violation of a law or ordinance of another jurisdiction having
elements similar to the offense described in these sections;
(4) Has been determined by a court by clear and convincing evidence to have subjected
the child or another child to torture, sexual abuse, abandonment for at least six
months, chronic physical, mental, or emotional injury, or chronic neglect, if the
neglect was a serious threat to the safety of the child or another child;
(5) Is incarcerated and is unavailable to care for the child during a significant period
of the child's minority, considering the child's age and the child's need for care by
an adult; 25.482.14 2 1195
HB1195 ENROLLED
(6) Has had parental rights to another child involuntarily terminated by a prior legal
proceeding;
(7) Has a documented history of abuse and neglect associated with chronic alcohol or
drug abuse;
(8) Has exposed the child to or demonstrated an inability to protect the child from
substantial harm or the risk of substantial harm, and the child or another child has
been removed from the parent's custody because the removed child was
adjudicated abused and neglected by a court on at least one previous occasion;
(9) Has exposed the child to or demonstrated an inability to protect the child from
substantial harm or the risk of substantial harm, the child has been removed from
the parent's custody on two separate occasions, and the Department of Social
Services offered or provided family services on each of the two separate occasions
the child was removed;
(10) Has exposed the child to or demonstrated an inability to protect the child from
substantial harm or risk of harm resulting from a crime, act, or omission as
specified in subdivision (1), (2), or (3) of this section;
(11) Is required to register as a sex offender pursuant to chapter 22-24B; or
(12) Files a petition for voluntary termination of parental rights pursuant to § 25-5A-6.
This subdivision only applies if:
(a) The court finds the voluntary termination of parental rights is in the best
interest of the child; and
(b) Due regard is afforded to the Indian Child Welfare Act (25 U.S.C. §§ 1901-
1963), if that Act is applicable. 25.482.14 3 1195
HB1195 ENROLLED
An Act to revise a provision related to the termination of parental rights of a child adjudicated
abused or neglected.
I certify that the attached Act originated in
the:
House as Bill No. 1195
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
House Bill No. 1195
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2025 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2025
Governor
STATE OF SOUTH DAKOTA ,
ss.
Office of the Secretary of State
Filed ____________, 2025
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State