People ex rel. J.S.B., Jr.
South Dakota Supreme Court
691 N.W.2d 611 (2005)
- Written by Meredith Hamilton Alley, JD
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.)
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