Interest of A.O., V.O. & C.O.
2017 SD 30
S.D.2017Background
- Mother (V.S.O.), an enrolled member of the Oglala Sioux Tribe, had three children removed after police found methamphetamine and paraphernalia in her home; Mother tested positive for methamphetamine and marijuana.
- The Tribe intervened; children previously had been in Nebraska/tribal proceedings and were in the care of their great-grandmother before being returned to Mother temporarily.
- The State filed abuse-and-neglect proceedings in South Dakota; the Department created a case plan for Mother, who showed limited progress and faced criminal charges; the case remained open for over a year without final disposition.
- The Tribe and Mother moved to transfer the proceedings to tribal court under the Indian Child Welfare Act (ICWA) after more than a year; the Department and the children’s counsel objected as untimely.
- The circuit court denied the transfer motions at a review hearing without holding a separate evidentiary hearing or making specific factual findings about good cause or the children’s best interests.
- The circuit court later terminated Mother’s parental rights; Mother appealed solely arguing she was entitled to a hearing on whether good cause existed to deny transfer to tribal jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether circuit court erred by denying motions to transfer to tribal court without an evidentiary hearing | Mother: ICWA requires a hearing on "good cause" before denying transfer; denial deprived her of notice and opportunity to be heard | State/Dept.: Proceedings were too far advanced (over one year) so transfer untimely; sufficient evidence existed to deny transfer without separate hearing | Reversed: Court must hold an evidentiary hearing and make specific factual findings on whether good cause exists to deny transfer |
Key Cases Cited
- In re D.M., 685 N.W.2d 768 (S.D. 2004) (requires jurisdictional hearing before granting or denying ICWA transfer)
- People ex rel. M.C., 504 N.W.2d 598 (S.D. 1993) (transfer under ICWA is generally mandatory absent good cause)
- In re G.L.O.C., 668 P.2d 235 (Mont. 1983) (jurisdictional-hearing requirement before transfer ruling)
- In re Dependency & Neglect of A.L., 442 N.W.2d 233 (S.D. 1989) (timeliness of transfer petition may be good cause; must be decided case-by-case)
- MacKaben v. MacKaben, 871 N.W.2d 617 (S.D. 2015) (abuse-of-discretion standard; factual findings reviewed for clear error)