25-5A-23. Scope of counseling.Any person providing counseling pursuant to §25-5A-22 shall make every reasonable effort to meet with the birthparents at least fifteen days before termination of parental rights for the purpose of counseling the birthparents. The counseling shall include the following:(1)Verification that the motivation to relinquish is voluntary without undue influence of others, and the birthparent is not under the influence of any substance which affects judgment;(2)Discussion of the alternatives and resources available, the permanency of the decision, the emotional issues involved in termination, and the legal rights of a birthparent to legal counsel, if indicated; and(3)Assessment of the ability of the birthparent to understand the consequences of the decision. Source: SL 1994, ch 197, §2.
South Dakota Legal Code