993 N.W.2d 911
S.D.2023Background
- Mother filed a petition under SDCL ch. 25-5A (June 2021) seeking involuntary termination of Father’s parental rights, alleging waiver of Father’s consent under SDCL 25-6-4 and that termination was in the children’s best interests.
- Father opposed; he did not consent and argued waiver under SDCL 25-6-4 applies only to permit adoptions, not standalone terminations.
- Relevant family history: Father has long substance-abuse and criminal convictions, served prison time (released Nov. 2018), exercised regular visitation until Mother ceased visits in July 2020.
- Mother requested waiver of certain procedural requirements in ch. 25-5A because children would remain with Mother (no adoption planned).
- The circuit court concluded it lacked statutory authority under SDCL ch. 25-5A to involuntarily terminate a parent’s rights over that parent’s objection unless consent is waived to facilitate an adoption; alternatively, it found Mother had not met ch. 25-5A requirements.
- The South Dakota Supreme Court affirmed: ch. 25-5A only authorizes termination without a parent’s consent when the parent consents or consent is properly waived under SDCL 25-6-4 for the purpose of facilitating an adoption.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (Father) | Held |
|---|---|---|---|
| Whether SDCL ch. 25-5A authorizes one parent to involuntarily terminate the other parent’s rights absent a corresponding adoption | 1995 amendments and ch. 25-5A text show Legislature intended waiver under SDCL 25-6-4 to permit termination without adoption | SDCL 25-6-4 and 25-5A-18 permit waiving consent only to facilitate adoption; ch. 25-5A is principally a voluntary-termination/adoption framework | Court held waiver under SDCL 25-6-4 applies only to permit adoption; ch. 25-5A does not authorize involuntary termination over a parent’s objection where no adoption is pursued; affirmed dismissal |
Key Cases Cited
- In re Adoption of C.D.B., 706 N.W.2d 809 (S.D. 2005) (interpreting SDCL 25-6-4 waiver as tied to facilitating adoption)
- In re M.A.C., 512 N.W.2d 152 (S.D. 1994) (upholding voluntary termination where parent consented; not authority for involuntary termination absent adoption)
- E.H. v. M.H., 512 N.W.2d 148 (S.D. 1994) (related procedural discussion following M.A.C.)
- Farmer v. Farmer, 979 N.W.2d 173 (S.D. 2022) (de novo review standard for statutory interpretation)
- Reck v. S.D. Bd. of Pardons & Paroles, 932 N.W.2d 135 (S.D. 2019) (principles of statutory construction and plain-meaning rule)
- Fraternal Order of Police v. City of Yankton, 949 N.W.2d 412 (S.D. 2020) (statutory interpretation guidance)