Department of Social Services of the State Ex Rel. Wright v. Byer

KONENKAMP, Justice.

[¶ 1.] In Department of Social Services (DSS) ex rel. Wright v. Byer, 2004 SD 41, 678 N.W.2d 586 (Byer I), we declared the sixty day statute of limitations in SDCL 25-8-59 to be unconstitutional. Thereafter, DSS sought a rehearing, asserting that the decision in Byer I would result in a loss or reduction of substantial federal funds for child support enforcement because the portion of the statute declared unconstitutional was part of a federal mandate. DSS asks that we remand this case so that it can proceed against both the presumed father and the putative father. DSS…