Legal Opinion

People in Interests of MC

South Dakota Supreme Court

Decided August 11, 1993No. 18028, 18061PublishedCited by 21 opinions

1Opinion of the Court

SABERS, Justice.

Trial court transferred Indian Child custody proceedings to tribal court. Indian Child appeals the transfer. We reverse and remand.

FACTS

M.C., an Indian girl, was born on June 27, 1990. The State was awarded temporary custody on July 28, 1991. While in relative foster care with her aunt, M.C. was severely burned. Upon her release from the hospital, she was placed in foster care with a non-relative. Although legal custody remained with the State, M.C. was later transferred to relative foster care with her grandmother.

On March 16, 1992, Circuit Judge Jeff Davis held a review…

2Cases cited5 opinions

  1. Mississippi Band of Choctaw Indians v. HolyfieldSupreme Court of the United States · 1989
  2. Matter of Dependency and Neglect of ALSouth Dakota Supreme Court · 1989
  3. People in Interest of JJSouth Dakota Supreme Court · 1990
  4. Claymore v. SerrSouth Dakota Supreme Court · 1987
  5. In re G.L.O.C.Montana Supreme Court · 1983

3Cited by21 opinions

  1. People in Interest of ARPSouth Dakota Supreme Court · 1994
  2. In re A.S.South Dakota Supreme Court · 2000
  3. In Interest of J.L.South Dakota Supreme Court · 2002
  4. In the Interest of D.M., R.M., III, and T.B.C.South Dakota Supreme Court · 2003
  5. Ex parte C.L.J.Court of Civil Appeals of Alabama · 2006

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