Articles Posted in South Dakota Supreme Court

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The Supreme Court affirmed the dispositional order terminating Father’s parental rights of his four-year-old son (Child) in this Indian Child Welfare Act case, holding that there was no trial court error in terminating Father’s parental rights. In terminating Father’s parental rights, the trial court found that Father failed to act as a caregiver to Child and that his and Mother’s continued custody of Child would likely resolution in serious emotional or physical damage to them. In addition, the court concluded that active efforts were made to prevent the breakup of the family but were unsuccessful and that termination of all parental rights was the least restrictive alternative in the children’s best interests. The Supreme Court affirmed, holding (1) Father's argument that the South Dakota Department of Social Services failed to make active efforts to prevent the breakup of his Indian family was without merit; and (2) therefore, the trial court properly terminated Father’s parental rights. View "In re Interest of M.D." on Justia Law

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The Supreme court affirmed the judgment of the circuit court granting summary judgment in favor of Defendants in this action for summary judgment, holding that an exculpatory clause in a contract between the parties unambiguously insulated Defendants for liability in tort and contract for their good-faith acts and failures to act under the authority granted to them by the contract and contract documents. At issue was the enforceability of exculpatory clauses insulating a third party from claims of negligent design and negligent administration and interpretation of a contract. The Supreme Court held that Defendants, who were hired by the Oglala Sioux Tribe to design a road reconstruction project, were entitled to summary judgment where (1) Plaintiff failed to establish that the clause at issue contravened public policy; (2) Defendants established a prima facie case of good faith, and there was no material issue of fact in dispute on the issue of Defendants’ good-faith acts and failures to act in the interpretation and application of the contract documents; and (3) no genuine material issue existed for trial that Defendants’ design and drafting fell below a professional standard of care. View "Domson, Inc. v. Kadrmas Lee & Jackson, Inc." on Justia Law

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After discovering methamphetamine and drug paraphernalia in the home of Mother, Mother’s three children were removed from the home. The State initiated abuse and neglect proceedings against Mother, an enrolled member of the Oglala Sioux Tribe (Tribe). More than one year later, the Tribe and Mother submitted motions to transfer the proceedings to the Tribe’s jurisdiction. The circuit court denied the motions. Following a final dispositional hearing, the court terminated Mother’s parental rights. The Supreme Court reversed, holding that Mother was entitled to an evidentiary hearing on the question of whether good cause existed to deny the motions to transfer jurisdiction to the Tribe, and therefore, the circuit court abused its discretion by denying the motions. View "In re Interest of A.O." on Justia Law