(on reassignment).
ACTION
This is an action involving five minor children found to be neglected and dependent pursuant to SDCL 26-8-6. This appeal is taken from an amended dispositional decreе terminating appellant’s parental rights. We affirm the judgment of the trial court.
FACTS
The Department of Social Services was deeply involved with appellant and her children for the two years preceding the filing of the petition on September 21, 1976.
During the six-month period of October, 1974, through March, 1975, appellant toоk four trips. Two of the trips were to Wyoming; each time appellant left a thirteen-year-old babysitter in charge of her five minor children.
The children were lеft alone when appellant took a third trip to Wyoming. The record indicates that, at this time, the house was a shambles. The children had trauma marks on their faces and were forced to call the Sturgis Police Station to request food. Appellant took one other trip during this period; she went to Montana wherе she left the children with her ex-husband.
Neighbors complainеd to public officials about appellant’s haphazard care of her children during this trial period. The children were often unattended — one child was almost struck by a motorcycle and a car. The children begged for food from neighbors. The house, according to the landlady, was always filthy. In addition, a man lived with аppellant — seven people thus lived in a two-bedroom trailer home with two beds.
PROCEDURAL FACTS
At the conclusion of the adjudicatory hearing on January 11, 1977, the court stаted that the children were adjudicated dependent and neglected. An order of adjudication was filed July 18, 1977; an amended order of adjudication was filed August 31, 1977.
The dispositional hearing concluded on September 20, 1977. The court’s memorandum decision containing its proposed findings and conclusions was sent to all the аttorneys on October 11, 1977. On November 7, 1977, the court entered its findings of fact and conclusions of law and decree of disposition terminating appellant’s pаrental rights. Appellant filed objections to the memorandum decision, findings of fact, conclusions of law, and dispositional decree on November 28, 1977; she also submitted proposed findings, conclusions, and decree. The court entered amended findings of fact and conclusions of law and an amended decree of disposition on December 6, 1977.
ISSUES/DECISION
Appellant argues that the trial court erred in filing the findings of fact, conclusions of law, and decree of disposition dаted November 7, 1977, because they had not been served on her and she did not have the opportunity to object to them.
Appellant’s situation is analogous to that in In Re K. D. R,
Appellant, unlike the appellant in In Re K. D. E., supra, did not move to vacate the trial court’s judgment. The trial court, however, does have an inherent power to set aside or vacate its own judgments under proper circumstances. Janssen v. Tusha,
Appellant also argues that the trial court erred by signing and filing the amended findings, conclusions, and dеcree before they were served on her. We do not agree. SDCL 15-6-52(a) requires that proposed findings be served on all parties. After the time period fоr objection and additional proposals has elapsed, “the court shall make or enter such findings and conclusions as may be proper.” SDCL 15-6-52(a).
Appellant next contends that the original judgment could not be amended without notice to the interested parties. She сites no authority proscribing such a practice and does not inform us as to how a lack of notice prejudiced her rights. In Doling v. Hyde County,
Appellant also argues that SDCL 15-6-52(a) requires that she be served with a copy of the amended decree of disposition after it has been signed and entered. We find no such requirement in SDCL 15-6-52(a). The impоrtance of a notice of entry of judgment is found in SDCL 15-26-2. A notice of entry of judgment gives to a party the power to set running the time after which his adversary may not aрpeal and assures each party that the statutory period of time within which he may appeal does not commence to run until his adversary has given suсh notice. Labidee v. City of Pierre,
Appellant’s final claim is that the evidence is insufficient to support a finding of dependency and neglect and to justify subsequent terminаtion of parental rights. The question before this Court “is not whether it would have made the same findings the trial court did, but whether on the entire evidence it is left with a definite and firm conviction that a mistake has been committed.” In re Estate of Hobelsberger,
After the Department of Social Services returned appellant’s children to her on a trial basis, appellant once again began leaving the children alone. As appellant was gone from the home, the two youngest children were on a heavily trafficked street and nearly had two accidents. Neighbors prepared food for the children and gave them food when they came begging. Their homе was filthy — animal leavings, dirty dishes, floors and table, and stacked-up garbage. The children were dirty and had an odor. This record discloses a history of neglect and аbandonment of these five children over a period of years by the mother-appellant. The trial court was correct in terminating appellant’s рarental rights.
The judgment is affirmed.
Notes
We do note that the court’s memorandum decision was served on appellant on October 11, 1977. In that decision, the court set forth clearly labelled findings of fact and conclusions of law. The memorandum decision was signed, attested, and filed.
