Legal Opinion
The People of the State of South Dakota in the Interest of J.S.B., Jr., Minor Child and Concerning J.S.B., Sr. and O.L.J.
South Dakota Supreme Court
Decided January 5, 2005No. NonePublishedCited by 35 opinions
1Opinion of the Court
KONENKAMP, Justice.
[¶ 1.] Under the Adoption and Safe Families Act (ASFA), enacted in 1997, “reasonable efforts” to reunify a family are not required before termination of parental rights when a parent has a pattern of abusive or neglectful behavior constituting an aggravated circumstance. On the other hand, the Indian Child Welfare Act (ICWA), enacted in 1978, provides special rules for the needs of Indian children and families. ICWA requires “active efforts” to reunite families before a parent’s rights may be terminated. In this abuse and neglect case, the father, a member of a federally…
2Cases cited11 opinions
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- Mississippi Band of Choctaw Indians v. HolyfieldSupreme Court of the United States · 1989
- Montana v. Blackfeet Tribe of IndiansSupreme Court of the United States · 1985
- Ramah Navajo School Bd., Inc. v. Bureau of Revenue of NMSupreme Court of the United States · 1982
- E. A. v. State, Division of Family & Youth ServicesAlaska Supreme Court · 2002
6 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- People ex rel. L.S.South Dakota Supreme Court · 2006
- A.D.T. v. StateCourt of Appeals of Utah · 2008
- In Re the Guardianship of S.M.N.South Dakota Supreme Court · 2010
- People ex rel. K.D.Colorado Court of Appeals · 2007
- People Ex Rel. P.S.E.South Dakota Supreme Court · 2012
30 more not listed; retrieve them via the Exa API.