Legal Opinion

In re B.C.

South Dakota Supreme Court

Decided July 14, 2010No. Nos. 25423, 25466, 25503, 25559PublishedCited by 6 opinions

1Per curiam

[¶ 1.] Pending before this Court are motions to dismiss in four abuse and neglect appeals. The Indian Child Welfare Act (ICWA) applies to these proceedings. In each instance, a parent appeals termination of parental rights. Although a Tribe intervened in each case at the circuit court level, none of the appealing parents served a notice of appeal on the intervening Tribe. The State contends that this failure to serve a notice of appeal requires dismissal.

Analysis and Decision

[¶ 2.] The question we must answer is whether failure to serve an intervening *351Tribe with a notice of appeal is…

2Cases cited9 opinions

  1. Mississippi Band of Choctaw Indians v. HolyfieldSupreme Court of the United States · 1989
  2. Jacqueline M. Harris, Equal Employment Opportunity Commission, Intervenor-Appellant v. Amoco Production Co.Court of Appeals for the Fifth Circuit · 1985
  3. Matter of Adoption of HallowayUtah Supreme Court · 1986
  4. Steiner v. County of MarshallSouth Dakota Supreme Court · 1997
  5. People ex rel. M.H.South Dakota Supreme Court · 2005

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3Cited by6 opinions

  1. In Re the Estate of FlawsSouth Dakota Supreme Court · 2012
  2. Rabo Agrifinance, Inc. v. Rock Creek FarmsSouth Dakota Supreme Court · 2012
  3. Lake Hendricks Improvement Ass'n v. Brookings County Planning & Zoning CommissionSouth Dakota Supreme Court · 2016
  4. In Re the Guardianship & Conservatorship of MurphySouth Dakota Supreme Court · 2013
  5. Interest of S.A. and Interest of E.B.South Dakota Supreme Court · 2023

1 more not listed; retrieve them via the Exa API.

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