Matter of Adoption of Zimmer

WOLLMAN, Chief Justice

(concurring specially).

I agree that the trial court should not have considered the report prepared pursuant to SDCL 25-6-10 until after the court had made a determination on the issue of abandonment. I would go further, however, and hold that on the basis of the record before us there is no clear and convincing evidence that appellant had abandoned his children for a period of one year. My views on the quantum of proof necessary to support such a finding are set forth in my dissent in In re Adoption of Christofferson, 89 S.D. 287, 292, 232 N.W.2d 832, 835 (1975).

I would reverse and remand with directions to dismiss the proceedings.