Justia South Dakota Supreme Court Opinion Summaries

The Department of Social Services (DSS) filed an abuse and neglect petition concerning two minor children, N.K., Jr. and S.K., who are Indian children under the Indian Child Welfare Act (ICWA). The children were taken into emergency temporary custody after their father, N.K., Sr., was arrested for driving under the influence with the children in the car. The children were found to be homeless and in poor condition. The State filed a petition alleging abuse and neglect, and the father admitted to the allegations. Despite DSS providing various services, including substance abuse treatment and visitation arrangements, the father continued to struggle with substance abuse and was repeatedly incarcerated. The mother was largely absent and uncooperative.The Circuit Court of the Sixth Judicial Circuit in Gregory County, South Dakota, handled the initial proceedings. The father was served with the petition at an advisory hearing, but no summons was issued or served. The case was transferred between counties due to the father's relocation. The father admitted to the allegations, and DSS provided ongoing services. Despite some progress, the father relapsed and was arrested again, leading to a failed trial reunification. The State filed a petition for termination of parental rights, and the court held a final dispositional hearing.The Supreme Court of the State of South Dakota reviewed the case. The court affirmed the lower court's decision, holding that the failure to issue or serve a summons did not deprive the court of jurisdiction because the father had actual notice of the proceedings. The court also found that termination of parental rights was the least restrictive alternative, given the father's ongoing substance abuse issues and inability to provide a stable environment. Additionally, the court determined that DSS had made active efforts to reunite the family, but these efforts were unsuccessful. The court affirmed the termination of both parents' parental rights. View "Interest Of N.K." on Justia Law

Leslie Torgerson, a non-Indian, and Terri Torgerson, an enrolled member of the Sisseton Wahpeton Oyate Tribe (SWO), were married in South Dakota. Terri filed for divorce in the SWO tribal court, while Leslie filed for divorce in Roberts County. Leslie moved to dismiss the tribal court proceedings, arguing lack of jurisdiction and improper service, but the tribal court denied his motion. Subsequently, Terri moved to dismiss Leslie’s state court proceedings, and the circuit court granted her motion, recognizing the tribal court’s order under the principle of full faith and credit. Leslie appealed this decision.The circuit court concluded that it shared concurrent subject matter jurisdiction with the tribal court over the divorce but deferred to the tribal court’s order, which it believed had obtained valid personal jurisdiction first. The court also found that the tribal court’s order was entitled to full faith and credit, despite Leslie’s arguments to the contrary.The Supreme Court of South Dakota reviewed the case and reversed the circuit court’s decision. The court held that the circuit court erred in extending full faith and credit to the tribal court’s order. Instead, the court should have applied the principles of comity under SDCL 1-1-25, which requires clear and convincing evidence that the tribal court had proper jurisdiction and that the order was obtained through a fair process. The Supreme Court found that the tribal court lacked both subject matter and personal jurisdiction over Leslie, a non-Indian, and that the tribal court’s order did not meet the requirements for comity. Consequently, the tribal court’s order was not enforceable, and the circuit court’s dismissal of Leslie’s divorce action was reversed. View "Torgerson v. Torgerson" on Justia Law

The Supreme Court affirmed the final dispositional order of the circuit court terminating the parental rights of Mother and Father, the biological parents of C.R.W., holding that the circuit court did not err or abuse its discretion.C.R.W. was the subject of an abuse and neglect proceeding before the circuit court. C.R.W. was considered an Indian child under the Indian Child Welfare Act pursuant to 25 U.S.C. 1903(4), and the Oglala Sioux Tribe intervened in the proceeding. The Tribe moved to disqualify C.R.W.'s attorney on the grounds that the attorney had a conflict of interest with C.R.W. The circuit court denied the motion. During the proceedings, Mother and the Tribe moved to transfer the case to tribal court, but the motion was denied. After the parents' parental rights were terminated, Mother and the Tribe appealed. The Supreme Court affirmed, holding that the circuit court (1) did not err when it denied the Tribe's motions to disqualify C.R.W.'s attorney; and (2) did not abuse its discretion in denying Mother's motions to transfer jurisdiction. View "In re C.R.W." on Justia Law

The Supreme Court reversed the decision of the circuit court granting Defendant's motion to suppress statements he made to a state officer on the grounds that the officer lacked authority to investigate crimes in Indian country, holding that the officer did not violate any jurisdictional principles by entering Indian country to investigate crimes that occurred outside Indian country.When Defendant spoke with agents from the South Dakota Division of Criminal Investigation and the Bureau of Indian Affairs at his home located on Indian trust land concerning property crimes that had occurred outside Indian country he produced evidence implicating him a burglary in Bennett County. Defendant was charged in state court. The circuit court suppressed Defendant's statements, concluding that the agents did not have authority to investigate state criminal offenses in Indian country. The Supreme Court reversed, holding (1) Defendant failed to show that the agents lacked authority to investigate state offenses while in Indian country or that the agents' actions infringed upon tribal sovereignty; and (2) Defendant failed to show a Fourth Amendment violation. View "State v. Cummings" on Justia Law

The Supreme Court reversed the order of the circuit court granting the Oglala Sioux Tribe's motion to transfer jurisdiction of an abuse and neglect proceeding to tribal court, holding that the circuit court abused its discretion when it granted the Tribe's motion to transfer without hearing the testimony of the child's physician.After the child in this case was born, the State alleged that the child was abused or neglected. At the outset of what was to have been the final disposition hearing, the Tribe orally moved to transfer the abuse and neglect case to tribal court. The circuit court ultimately granted the Tribe's motion to transfer. The child's counsel appealed, challenging the circuit court's order transferring jurisdiction to tribal court. The Supreme Court reversed, holding that the circuit court abused its discretion when it granted the Tribe's motion to transfer without hearing the testimony of the child's physician, who was present in the courtroom. The Court remanded the case for further proceedings to determine the Tribe's motion for transfer anew. View "In re Interest of E.T." on Justia Law

The Supreme Court affirmed the dispositional order terminating Father’s parental rights of his four-year-old son (Child) in this Indian Child Welfare Act case, holding that there was no trial court error in terminating Father’s parental rights.In terminating Father’s parental rights, the trial court found that Father failed to act as a caregiver to Child and that his and Mother’s continued custody of Child would likely resolution in serious emotional or physical damage to them. In addition, the court concluded that active efforts were made to prevent the breakup of the family but were unsuccessful and that termination of all parental rights was the least restrictive alternative in the children’s best interests. The Supreme Court affirmed, holding (1) Father's argument that the South Dakota Department of Social Services failed to make active efforts to prevent the breakup of his Indian family was without merit; and (2) therefore, the trial court properly terminated Father’s parental rights. View "In re Interest of M.D." on Justia Law

The Supreme court affirmed the judgment of the circuit court granting summary judgment in favor of Defendants in this action for summary judgment, holding that an exculpatory clause in a contract between the parties unambiguously insulated Defendants for liability in tort and contract for their good-faith acts and failures to act under the authority granted to them by the contract and contract documents.At issue was the enforceability of exculpatory clauses insulating a third party from claims of negligent design and negligent administration and interpretation of a contract. The Supreme Court held that Defendants, who were hired by the Oglala Sioux Tribe to design a road reconstruction project, were entitled to summary judgment where (1) Plaintiff failed to establish that the clause at issue contravened public policy; (2) Defendants established a prima facie case of good faith, and there was no material issue of fact in dispute on the issue of Defendants’ good-faith acts and failures to act in the interpretation and application of the contract documents; and (3) no genuine material issue existed for trial that Defendants’ design and drafting fell below a professional standard of care. View "Domson, Inc. v. Kadrmas Lee & Jackson, Inc." on Justia Law

After discovering methamphetamine and drug paraphernalia in the home of Mother, Mother’s three children were removed from the home. The State initiated abuse and neglect proceedings against Mother, an enrolled member of the Oglala Sioux Tribe (Tribe). More than one year later, the Tribe and Mother submitted motions to transfer the proceedings to the Tribe’s jurisdiction. The circuit court denied the motions. Following a final dispositional hearing, the court terminated Mother’s parental rights. The Supreme Court reversed, holding that Mother was entitled to an evidentiary hearing on the question of whether good cause existed to deny the motions to transfer jurisdiction to the Tribe, and therefore, the circuit court abused its discretion by denying the motions. View "In re Interest of A.O." on Justia Law

Before he died, the Decedent transferred two quarter sections of Indian trust land located in Tripp County, South Dakota, to his son. The Decedent’s estate (the Estate) filed this action arguing that the Decedent lacked the requisite mental capacity or was unduly influenced by his son when he transferred the land. Specifically, the Estate requested that the court compel the Decedent’s son to make application to the Secretary of the Interior for the transfer of the Indian trust property to the Estate. The circuit court denied the Estate’s request and dismissed the action, determining that it lacked subject matter jurisdiction over the parcels held in trust by the United States. The Supreme Court affirmed, holding that the circuit court did not have jurisdiction over the subject matter of this case. View "Ducheneaux v. Ducheneaux" on Justia Law

In 1967, Raymond and Margaret Becker's eight child inherited an undivided one-eighth interest in patented fee land located within the boundaries of the Cheyenne River Sioux Indian Reservation. None of the Beckers were Indians. In 2006, one of the Becker children sold her interest to Patrick and Carletta Aberle. Patrick was a member of the Cheyenne River Sioux Tribe, and Carletta was a non-Indian. Due to certain conveyances, Patrick and Carletta each owned an undivided one-sixteenth interest in the property. The Becker children later commenced this action seeking a sale of the entire property. The Aberles counterclaimed for partition. Patrick also contended that the circuit court lacked subject matter jurisdiction over the dispute because he was a member of the Tribe, which had jurisdiction. The circuit court ordered a sale of the entire property, concluding that state jurisdiction did not infringe upon tribal sovereignty. In considering the state-tribal jurisdiction issue, the Supreme Court noted that a determination of the disputed land's alienability was necessary. The Court then remanded the matter to the circuit court to reconsider the jurisdiction question after further development of a factual record and consideration of land alienation cases. View "McGuire v. Aberle" on Justia Law