Legal Opinion

People ex rel. M.H.

South Dakota Supreme Court

Decided January 5, 2005No. Nos. 23092, 23093PublishedCited by 23 opinions

1Opinion of the Court

GILBERTSON, Chief Justice.

[¶ 1.] In this consolidated appeal, mother, father and the Cheyenne River Sioux Tribe (CRST)1 appeal a judgment terminating parental rights arguing the provisions of the Indian Child Welfare Act (ICWA) were not followed in the proceeding below. We reverse and remand.

FACTS-

[¶ 2.] On July 10, 2002, a petition was filed by the State of South Dakota alleging M.H. (born July 16, 1993), W.H. Jr. (born June 15, 1994), L.H. (born July 31, 1995), L.H. (born March 8, 1999) and T.H. (born July 14, 2001) were abused and neglected children. T.R.T. (mother) is the maternal parent…

2Cases cited15 opinions

  1. Mississippi Band of Choctaw Indians v. HolyfieldSupreme Court of the United States · 1989
  2. Batterton v. FrancisSupreme Court of the United States · 1977
  3. Duro v. ReinaSupreme Court of the United States · 1990
  4. Matter of Adoption of HallowayUtah Supreme Court · 1986
  5. Bridge v. Karl's, Inc.South Dakota Supreme Court · 1995

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

3Cited by23 opinions

  1. People ex rel. A.V.Colorado Court of Appeals · 2012
  2. In re the Welfare of L.N.B.-L.Court of Appeals of Washington · 2010
  3. Kreps v. KrepsSouth Dakota Supreme Court · 2010
  4. People ex rel. T.I.South Dakota Supreme Court · 2005
  5. Brenda O. v. Arizona Department of Economic SecurityCourt of Appeals of Arizona · 2010

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

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