People ex rel. South Dakota Department of Social Services
795 N.W.2d 39
S.D.2011Background
- 2006: State petitions alleging abuse/neglect of Child and half-brother; DSS gains temporary custody.
- 2007–2008: Child initially placed with relatives; Tribe intervenes to transfer jurisdiction but later stops participating.
- 2008: Termination of parental rights; parents absent at hearing; Father is deemed to have abandoned Child.
- Post-termination: DSS searches for ICWA-compliant permanent placement, using relatives and Native options; names Child with AdoptUSKids; reports sent to Tribe.
- 2009–2010: Tribe objects to lack of exploring Father’s relatives; a Michigan-based couple (Michigan Couple) is identified and approved by a tribal agency; home study on Girlfriend (Father’s live-in partner) is not conducted; court holds good-cause hearing.
- 2010: Circuit Court finds good cause to deviate from ICWA placement preferences; tribal appeal follows.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Burden of proof for good cause to deviate from ICWA placements | State argues preponderance of the evidence. | Tribe not addressed; court adopts standard in light of ICWA aims. | Clear and convincing evidence required. |
| Whether DSS conducted a diligent search and lacked ICWA-appropriate placements | DSS diligently searched; no suitable ICWA-preferred option found. | Tribe argues search not diligent; home study on Girlfriend not required. | Court did not err in finding diligent search and lack of ICWA-preferred placement. |
| Whether placement with Michigan Couple was appropriate under good-cause standard | Placement outside ICWA was justified by child’s needs and lack of suitable alternatives. | Considerations favored Michigan Couple; Tribe’s concerns insufficient to negate good cause. | Good cause supported placement outside ICWA preferences. |
Key Cases Cited
- In re A.L., 442 N.W.2d 233 (S.D. 1989) (guidelines and non-exhaustive factors for good cause)
- In re T.I., 707 N.W.2d 826 (S.D. 2005) (establishes clear and convincing standard for denial of transfer to tribal court)
- In re E.M., 466 N.W.2d 168 (S.D. 1991) (clear error standard for diligent-search findings)
- In re J.L., 654 N.W.2d 786 (S.D. 2002) (considerations in ICWA-related determinations beyond guidelines)
- In re Adoption of N.P.S., 868 P.2d 934 (Alaska 1994) (preference deviation standards in ICWA matters)