|
S.D. Codified Laws § 25-5A-14
South
Dakota Codified Laws
Title 25. Domestic Relations
Chapter 25-5A. Voluntary Termination of Parental Relations
§ 25-5A-14. Personal
presence of parent required--Appearance by telephone--Power of attorney--Indian
Child Welfare Act
The
personal presence of one parent at the hearing is required for jurisdictional
purposes. However, for good cause shown, and upon notice to any other
person or authorized agency whose consent is required pursuant to §
25-5A-6, the court may permit a parent to appear telephonically if the
parent is incarcerated, the parent appears telephonically in the physical
presence of a law enforcement or correctional officer designated by the
court to monitor the parent's appearance, and the parental rights of the
other parent have been terminated or the other parent is deceased. Any
other person whose consent is necessary may appear by filing with the
court a power of attorney. If the Department of Social Services or a licensed
child placement agency has custody of a child by written agreement of
a parent with power of attorney to consent, the secretary or an authorized
agent may appear and consent. Notwithstanding the
foregoing provisions of this section, due regard shall be given to the
Indian Child Welfare Act (25 U.S.C. §§ 1901 to 1963, inclusive,)
as in effect on January 1, 2005, if applicable.
Source:
SL 1971, ch 165, § 6 (2); SL 1974, ch 175; SL 1997, ch 151, §
1; SL 2005, ch 133, § 1.
See Del Code Ann 1953,
Tit 13, § 1107.
|