In Re the Adoption of a Child Known as D.M.

[¶ 25.] I respectfully dissent. Almost two years ago, the majority denied Degens the right to intervene in the abuse and neglect proceeding. See In re D.M., 2004 SD 34, 677 N.W.2d 578. The Legislature acted quickly to preclude such a result in the future. See 2005 SD Sess Laws ch 140, §§ 1-3 (amending SDCL 26-7A-19 and enacting SDCL 26-7A-19.1 effective July 1, 2005); see also SDCL 26-8A-29.1. Now, the same majority denies Degens the right to intervene in the adoption proceeding.

[¶ 26.] In the prior case, this Court had the opportunity to determine whether the Degens could intervene in a…