§ 25-5A-1 Definition of terms
§ 25-5A-2 Purposes of termination procedure
§ 25-5A-3 Parent entitled to petition for termination
§ 25-5A-4 Waiting period for filing petition
§ 25-5A-5 Circuit court jurisdiction–Venue
§ 25-5A-6 Verified petition–Contents
§ 25-5A-7 Consent not invalidated by minority
§ 25-5A-7.2 Medical and social history form required prior to termination–Filing–Copy availableto adoptive parent–Failure to comply does not void termination
§ 25-5A-7.3 Rules and regulations adopted by department for securing medical and social history
§ 25-5A-7.4 Violation of medical and social history provisions as misdemeanor involving moralturpitude
§ 25-5A-8 Hearing procedure
§ 25-5A-9 Time and place of hearing–Notice
§ 25-5A-11 Service of notice in person or by publication–Time of service
§ 25-5A-12 Service by publication and mail
§ 25-5A-13 Private hearings–Opening to public
§ 25-5A-14 Personal presence of parent required–Appearance by telephone–Power of attorney–Indian Child Welfare Act
§ 25-5A-15 Hearings informal–Best interest of child
§ 25-5A-16 Determination that petitioners know consequences
§ 25-5A-17 Record of proceedings
§ 25-5A-18 Order terminating parental rights–Consent to adoption–Child support arrearages
§ 25-5A-19 Order conclusive–Appeal to supreme court
§ 25-5A-20 Records confidential
§ 25-5A-21 Remedy cumulative
§ 25-5A-22 Counseling before termination of parental rights
§ 25-5A-23 Scope of counseling
§ 25-5A-24 Written report of counseling–Copy to Department of Social Services
§ 25-5A-25 Failure to receive counseling
§ 25-5A-26 Termination of parental rights–Validated–Limitation on claims
§ 25-5A-27 Voluntary delivery of child 60 days of age or younger–Actions to protect childauthorized
§ 25-5A-28 Delivery of unharmed child not a crime
§ 25-5A-29 Termination of parental rights to delivered child
§ 25-5A-30 Questions concerning child’s medical history–No parental obligation to provideinformation
§ 25-5A-31 No liability for entity accepting custody of delivered child
§ 25-5A-32 Notification to Department of Social Services upon possession of child–Assumptionof care, custody and control of child–Investigation of parent restricted
§ 25-5A-33 Provisions for custody action by nonrelinquishing parent
§ 25-5A-34 Emergency medical services provider defined
§ 25-5A-35 Parental rights termination hearing for voluntarily delivered child
§ 25-5A-36 Due regard to be afforded Indian Child Welfare Act

Terms Used In South Dakota Codified Laws > Title 25 > Chapter 5A - Voluntary Termination of Parental Relations

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Summons: Another word for subpoena used by the criminal justice system.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2