In Re the Termination of Parental Rights Over J.M.J.

I respectfully dissent.

In order for parental relations to be voluntarily terminated under SDCL ch. 25-5A, the circuit court must make a full and complete inquiry and determine that the parents are fully aware of the purpose of the proceedings and the consequences of their act. See SDCL 25-5A-16 and SDCL 25-5A-18. A partial or conditional termination of parental rights, however, is not within the purview of SDCL ch. 25-5A, Matter of J.M.J., 368 N.W.2d 602, 606 (S.D.1985), and once a condition is expressed, the circuit court should immediately terminate the proceedings because “the permanent…