Summary
The South Dakota Supreme Court affirmed the termination of a mother’s parental rights after finding that aggravated circumstances under South Dakota law excused the Department of Social Services from making reasonable reunification efforts. The court held that the trial court did not commit procedural error by making a retrospective determination that additional services would be fruitless and contrary to the child’s best interests under the Adoption and Safe Families Act.
Topics
Practice areas
Questions Presented
- Whether the trial court complied with the Adoption and Safe Families Act and South Dakota law when it terminated mother's parental rights without first conducting a separately noticed hearing determining that reasonable reunification efforts were unnecessary.
- Whether the trial court could make a retrospective determination under SDCL 26-8A-21.1(8) that aggravated circumstances excused the Department of Social Services from making reasonable efforts to reunify the family.
Holdings
- The trial court did not commit reversible procedural error by determining at the dispositional hearing that aggravated circumstances excused the Department of Social Services from making reasonable reunification efforts, even though the preferable procedure would have been to hold an earlier, separately noticed hearing followed by a permanency hearing.
- The statutory aggravated-circumstances exception applied because mother demonstrated an inability to protect the child from substantial harm, the child had been removed from mother's custody twice, and DSS had provided extensive family services after those removals.
Key quotations
“Nothing in § 26-8A-21 requires reunification of a child with a parent who:” (674 N.W.2d at 812-813)
“It would be ironic if ASFA, intended to make the termination process more efficient in cases involving compelling or aggravated circumstances, was actually permitted to be used as a tool for extending the process and compelling the provision of services that would clearly be fruitless and contrary to the best interests of the child.” (674 N.W.2d at 815)
Factual background
The Department of Social Services and community agencies provided mother with extensive services for several years, including parenting instruction, counseling, independent-living assistance, visitation services, and substance-abuse treatment. The child was removed from mother's care multiple times, and mother had prior abuse-and-neglect adjudications. In October 2002, the child reported that mother's ex-husband had touched her inappropriately while mother was present, and mother acknowledged that she knew of the conduct but failed to obtain police assistance. At disposition, mother continued to demonstrate an inability to protect the child, was again abusing alcohol, and had not identified additional services likely to change the outcome.
Procedural history
The child was removed from mother's custody and adjudicated abused and neglected after mother failed to protect her from inappropriate sexual touching by mother's ex-husband. Following a dispositional hearing, the trial court terminated mother's parental rights and found that reasonable reunification efforts were excused under SDCL 26-8A-21.1(8). Mother appealed, arguing that the Adoption and Safe Families Act and South Dakota law required a separate, earlier determination regarding reasonable efforts and a related permanency hearing.