People ex rel. J.S.B., Jr.

691 N.W.2d 611 (2005)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

People ex rel. J.S.B., Jr.

South Dakota Supreme Court
691 N.W.2d 611 (2005)

Facts

The Adoption and Safe Families Act (ASFA) did not require the state to make reasonable reunification efforts before a court ordered termination of parental rights (TPR) in situations in which there was an aggravated circumstance of parental neglect or abuse. The Indian Child Welfare Act (ICWA) required the state to make active efforts towards reunification before a court ordered TPR, regardless of the circumstances. ICWA applied to a matter concerning a father’s parental rights in which there was an aggravated circumstance of parental neglect or abuse. The state made unsuccessful active efforts towards reunification of the father and his children. Nevertheless, the trial court held that ASFA preempted ICWA and therefore active efforts were not required. The trial court ordered TPR, and the father appealed.

Rule of Law

Issue

Holding and Reasoning (Konenkamp, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 741,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 741,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 741,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership