Facts and Procedural BackgroundOn August 22, 2006, the State filed a petition in Jones County alleging that Child and his half-brother (Brother), then ages six and four months, respectively, were abused and neglected. At the time, Child was living with Mother and T.M., who is Brother’s father. Child and Brother were taken into protective custody on December 1, 2006. Following a hearing, the Department of Social Services (DSS) was granted continued temporary custody of the children.
Child and Brother were initially placed in foster care with Brother’s paternal grandparents. During the summer of 2007, Child was transported to the home of his maternal great-aunt for respite care. Child later returned to his Brother’s paternal grandparents to reside with Brother until a home study could be completed on Child’s maternal great-aunt.
In September 2007, the Oglala Sioux Tribe (Tribe) moved to intervene and to transfer jurisdiction to tribal court. The circuit court granted the motion to intervene but denied the motion to transfer. Although the motion to intervene was granted, the Tribe stopped attending the proceedings and played no further role in the case until July 2008.
Judge(s): Per Curiam
Jurisdiction: South Dakota Supreme Court
|Supreme Court Judge(s)|
|Trial Court Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Elizabeth Lorina||Lorina & Cesna, LLP|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Ann Holzhauser||Office of the South Dakota Attorney General|
|Marty Jackley||Office of the South Dakota Attorney General|