Summary
The South Dakota Supreme Court vacated an order allowing parents whose child had been adjudicated abused and neglected to voluntarily terminate their parental rights and transfer those rights to relatives for adoption. The court held that South Dakota's abuse-and-neglect statutes govern the proceedings and that the Department of Social Services' role in adoptive placement could not be circumvented through a private termination proceeding.
Topics
Practice areas
Questions Presented
- Whether the circuit court could accept the parents' voluntary termination of parental rights under SDCL chapter 25-5A while an abuse-and-neglect action under SDCL chapter 26-8A was pending and the child had been adjudicated abused and neglected.
- Whether the circuit court's acceptance of the voluntary termination and transfer of parental rights constituted an impermissible conditional termination.
- Whether the circuit court erred by dismissing the parents and their attorneys from the proceeding while leaving the abuse-and-neglect action pending.
Holdings
- Once allegations of abuse or neglect have been adjudicated under SDCL chapter 26-8A, the circuit court may not use the voluntary-termination procedures of SDCL chapter 25-5A to bypass the abuse-and-neglect proceeding and effect a private adoption. Following termination in an abuse-and-neglect proceeding, custody vests with DSS for adoptive placement.
Key quotations
“DSS’s role in adoptive placement cannot be circumvented by parents filing a petition to voluntarily terminate their parental rights to effect a private adoption, after their child has been adjudged abused and neglected.” (¶8)
“SDCL ch 26-8A exists for the protection of the abused and neglected child, not the convenience of the parents, the attorneys, or the trial court.” (¶10)
Factual background
H.O. suffered from failure to thrive, lacked a gag reflex, was unable to suck adequately, and required a gastrostomy feeding tube and specialized care. Despite in-home services and parental training, her parents were unable or unwilling to provide adequate care, and DSS removed her to foster care, where she began gaining weight and received developmental therapies. After the parents admitted the abuse-and-neglect allegations, the circuit court adjudicated H.O. abused and neglected and continued DSS custody. At the final dispositional hearing, the parents sought voluntary termination of their parental rights and placement with the child's aunt and uncle for adoption.
Procedural history
The Department of Social Services filed an abuse-and-neglect petition after removing H.O. from her parents' care. The parents admitted the allegations, and the circuit court adjudicated H.O. abused and neglected, continued DSS custody, and ordered reunification efforts. During the pending proceeding, the parents petitioned to voluntarily terminate their rights and have H.O. placed with relatives in Colorado; the circuit court granted that request, and the State appealed.
Remand instructions
The circuit court's order was vacated, and the matter was remanded for proceedings not inconsistent with the opinion, including continuation under the procedures mandated by SDCL chapter 26-8A.