Interest of L.N., 970 N.W.2d 531

L.N., an Indian child eligible for Oglala Sioux Tribe enrollment, was removed in March 2019 after repeated allegations of physical and emotional abuse by Mother and prior DSS interventions and removals.
DSS filed an abuse & neglect petition (April 2019); L.N. was placed with maternal grandparents and remained in DSS custody through December 2020.
Mother has a long history of methamphetamine use, episodic violent conduct, and pervasive psychotic delusions; she inconsistently engaged in treatment, tested positive for meth multiple times, and refused or stopped effective medication.
DSS provided referrals, funding, transportation, case-plan reviews, visitation, counseling for L.N., coordination with tribal placement preferences, and attempted psychiatric/competency restoration measures over ~21 months.
A competency evaluation (May 2020) found Mother incompetent; a guardian ad litem was appointed; despite this, a final dispositional hearing was held Dec. 16–17, 2020, and the court terminated Mother’s parental rights on Jan. 5, 2021.
The circuit court found DSS made ICWA "active efforts," termination was the least restrictive alternative in the child’s best interests, and proceeding while Mother was incompetent did not violate due process; this appeal affirmed.

Issue	Mother’s Argument	DSS / State’s Argument	Held
Whether DSS provided ICWA "active efforts" to reunify	DSS took passive role; delayed/insufficient help for mental health and meds; services were not actively provided	DSS made affirmative, timely efforts (referrals, funding, transport, meds, case-plan work) but Mother refused or failed to complete services	Affirmed: court found DSS met the higher ICWA active-efforts standard; Mother’s noncooperation undermined reunification
Whether termination was the least restrictive alternative / in child’s best interests	Mother emphasized bond, consistent visits, and possibility of future competency restoration or guardianship to avoid termination	Child’s need for permanency and evidence Mother remained an unsuitable placement due to substance use, untreated mental illness, and trauma to child	Affirmed: termination was least restrictive and in L.N.’s best interests given ongoing risk and lack of improvement
Whether proceeding while Mother was incompetent violated due process / whether continuance was required	Mother argued she should have been restored to competency before termination; continuance could allow restoration	State emphasized child’s interest in permanency, repeated continuances already granted, appointment of counsel and guardian ad litem, and low likelihood of restoration	Affirmed: Mathews balancing (private interest, risk of error, government interest) favored proceeding; no due process violation under these facts

Santosky v. Kramer, 455 U.S. 745 (recognition of parental liberty interest and due process in termination proceedings)
Mathews v. Eldridge, 424 U.S. 319 (three-factor balancing test for procedural due process)
People ex rel. P.S.E., 816 N.W.2d 110 (ICWA active-efforts standard is higher than "reasonable efforts")
People ex rel. S.H.E., 824 N.W.2d 420 (DSS must take parent through case-plan steps rather than merely offer services)
In re S.A., 708 N.W.2d 673 (no less restrictive alternative where offered services will not reduce risk)
People ex rel. A.B., 880 N.W.2d 95 (ICWA burdens: proof beyond a reasonable doubt and least restrictive alternative requirement)
In re V.D.D., 278 N.W.2d 194 (services cannot be forced on uncooperative parents)