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People ex rel South Dakota Dep't of Social Services v. D.S.Y.

3/31/2004

and prison sentence were certainly relevant in this inquiry.


. With regard to the conditions imposed on father's visitations with child, SDCL 26-7A-19(2) permits the Court to grant visitation to a parent in a manner in keeping with the best interests of the child and SDCL 26-8A-21 requires DSS to make reasonable efforts to return a child to a parent's home. In view of father's history of substance abuse and domestic violence, the conditions that he attend aftercare, NA, AA and counseling in order to see child were clearly consistent with child's best interests and constituted reasonable preliminary steps toward reunification of child with father.


. Father's allegation that the trial court stated it did not like him is not supported by the record. Even if it was:


udicial remarks during the course of a trial that are critical or disapproving of, or even hostile to, counsel, the parties, or their cases, ordinarily do not support a bias or partiality challenge . . .. [Further], ot establishing bias or partiality . . . are, expressions of impatience, dissatisfaction, annoyance, and even anger, that are within the bounds of what imperfect men and women . . . sometimes display.


Cain v. Department of Corrections, 548 NW2d 210, 222, n 30 (Mich 1996)(quoting Liteky v. United States, 510 US 540, 555 - 56 (1994).


. Father's contentions over church attendance also are not supported by the record. The record reflects that church attendance was merely a suggestion by father's counselor as an exercise toward "building a supportive community for himself" and child. Father initially agreed to attend church and repeatedly pledged to follow through with the suggestion but then stopped scheduling counseling appointments. There is no indication whatsoever in the record that church attendance was ever imposed as a condition of counseling or that counseling was ever withheld because father had some objection to attending church.


. Based upon the foregoing, the termination of father's parental rights is affirmed.


. GILBERTSON, Chief Justice, and SABERS, KONENKAMP, ZINTER and MEIERHENRY, Justices, participating.






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