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People ex rel South Dakota Dep't of Social Services v. D.S.Y.3/31/2004
Considered on Briefs on February 17, 2004
. D.Y. (father) appeals the termination of his parental rights over his ten-year-old daughter. The only question of merit in this appeal is whether the filing of a Korth brief is appropriate in an abuse and neglect appeal. We conclude that it is and affirm.
FACTS
. Father is thirty-eight years of age and currently resides in Sioux Falls. He was never married to child's mother although they did live together for a time and had a volatile relationship. Child was born in 1993 and lived with mother and two older step-siblings in Flandreau. Mother was a chronic alcoholic unable to maintain steady employment or a suitable residence. She fell in and out of unstable personal relationships with men involving alcohol and substance abuse and these relationships led to numerous incidents of domestic violence. Mother's problems resulted in ongoing child neglect and the children's exposure to domestic violence and possible sexual abuse.
. Abuse and neglect proceedings were commenced with the filing of a petition in January 2000. The children were adjudicated abused or neglected as to mother in March. Father was incarcerated in the state penitentiary at that time for DUI. Because of father's incarceration, DSS's early efforts at maintenance of a family unit were directed at mother. Mother, however, proved unable to maintain her sobriety or to provide the necessities for her children's livelihood. In October, the children were removed from her custody and placed with DSS when mother was homeless and had no place to care for them. Although father had recently been paroled and was living in a half-way house, he was not considered a suitable placement option for child. While he did express an interest in obtaining custody of child, he failed to follow through with requirements to exercise visitation. Moreover, in addition to his legal problems, father had his own history of neglect of child and a record of drug and alcohol abuse and domestic violence issues. Father was also violating his parole in numerous respects. He was using marijuana with other parolees, was not maintaining steady employment, was behind on his rent, was in denial as to his substance abuse problems and was refusing participation in drug and alcohol aftercare. Father was described as "one step away" from going back to the penitentiary and, in January 2001, his parole was revoked for his marijuana use. As a result, father returned to the penitentiary to finish serving his sentence.
. DSS efforts to work with mother continued well into 2001, but her problems persisted and her parental rights over all of her children were ultimately terminated in September. By that time, child had also been adjudicated abused or neglected as to father, but the trial court ordered that DSS investigate the possibility of placing child in father's custody. Father was not released from the penitentiary until June 2002. In August, the trial court conducted a hearing and entered an order directing DSS to work toward a permanent living arrangement for child other than with father and to establish visitation guidelines for father. The order did not terminate father's parental rights, but did reserve the right to do so in the future upon entry of sufficient findings.
. After entry of the trial court's order, DSS set forth written guidelines for father to follow to obtain visitation with child. Notwithstanding guideline requirements, father failed to pursue aftercare, failed to attend AA or NA meetings, denied that he needed aftercare, ignored his counselor's recommendations and broke off contact with his counselor. Father exercised only sporadic visitation with child th
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