People Ex Rel. South Dakota Department of Social Services Ex Rel. B.H.
2011 SD 26
| S.D. | 2011Background
- This is an abuse and neglect case where the State seeks to terminate parental rights of Father under SDCL chapter 26-8A.
- Father initially filed a notice of appeal without his signature, as required by SDCL 15-26A-4, leading to dismissal of the appeal.
- Father later sought reinstatement with a signed petition for reinstatement accompanying it.
- The Court held SDCL 15-26A-4's signing requirement is jurisdictional and cannot be cured or waived.
- Time for filing the notice of appeal expired before the defect could be cured, depriving the Court of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether lack of signature on the notice of appeal can be cured after expiration of time. | Father seeks reinstatement despite the defect. | The signing rule is jurisdictional and not curable. | No; jurisdiction cannot be cured; petition denied. |
Key Cases Cited
- Becker v. Montgomery, 532 U.S. 757 (2001) (signature cure allowed; not a jurisdictional impediment when timely)
- Torres v. Oakland Scavenger Co., 487 U.S. 312 (1988) (timeliness and filing rules are jurisdictional; cannot be enlarged)
- Long v. Knight Const. Co., 262 N.W.2d 207 (S.D. 1978) (untimely appeal lacks jurisdiction; strict application)
- Mulligan, 2005 S.D. 50, 696 N.W.2d 167 (S.D. 2005) (consistent with federal procedures on jurisdiction and timely appeal)