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 by any of those statutes that violated the in these sections, in violation of a law or ordinance of another jurisdiction having elements similar to an offense described by any of those statutes 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 the defined in a law or ordinance of another jurisdiction having elements similar to an offense described by any of those statutes 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 such the parent, or committed conduct described by those in these sections that violated the, in violation of a law or ordinance of another jurisdiction having elements similar to the offense described by those sections 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;

(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; or

(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.