The
SD Supreme Court handed down one decision this morning:
- Termination of Parental Rights of 3 Indian Children
Affirmed
Summary
follows:
INTEREST
OF A.A., A.T., AND A.A., 2021 S.D. 66: The trial court processed an A & N
proceeding, eventually terminating the parental rights of both parents for
three “Indian children.” The trial court
acknowledged the application of ICWA and made findings consistent with ICWA
requirements. Only the Father appeals.
The SD Supreme Court affirmed in a unanimous (5-0) ruling, with opinion
authored by Justice Salter. The
concluding paragraph of the Court’s opinion, ¶ 51, summarizes the Court’s
resolution of the issues on appeal:
Although the circuit court
erred when it signed its findings and conclusions prior to the expiration of
the required five-day period, the error did not prejudice Father. He was able
to raise the issues presented in his objections and alternative proposals in
this appeal. The circuit court did not err in determining beyond a reasonable
doubt that DSS provided active efforts to prevent the breakup of the Indian
family and in finding that Father’s custody of the Children would result in
serious emotional or physical harm. Finally, the circuit court did not clearly
err when it found that the termination of Father’s parental rights was the
least restrictive alternative.
Former
Chief Justice Gilbertson sat on this case which was submitted on the briefs on
2/16/21, before Justice Myren was appointed to the Court.
This
decision may be accessed at
